of May 20, 1983
As a result of victory of Great October socialist revolution in our country necessary premises for the solution of one of the major social problems - satisfactions of need of workers for housing were created.
Realizing the Lenin ideas of creation of communistic society and performing rate on increase in material and cultural level of living of the people, the Soviet state consistently realizes the housing development programme developed by the Communist Party.
High rates of development of the state and public housing stock on the basis of the state plans, the measures taken by the state on assistance cooperative and to individual housing construction, create necessary conditions for providing the USSR guaranteed by the Constitution and Constitution of the Kyrgyz SSR of the right of citizens to the dwelling.
Important national objective is ensuring safety of housing stock, increase in term of its service, increase in level of improvement of apartment houses. In the solution of this task active part is taken by public organizations and citizens.
The constitution of the USSR and the Constitution of the Kyrgyz SSR oblige citizens to make thrifty use of the dwelling provided to them.
The Soviet housing legislation is designed to promote the right of citizens to the dwelling, to effective use and protection of housing stock.
According to the Constitution of the USSR and the Constitution of the Kyrgyz SSR citizens of the Kyrgyz SSR have the right to housing. This right is provided with development and protection of the state and public housing stock, assistance cooperative and to individual housing construction, equitable distribution under public control of the living space provided in process of implementation of the program of construction of well-planned dwellings, and also low rent and utilities.
Tasks of the housing legislation of the Kyrgyz SSR are regulation of the housing relations for the purpose of providing the USSR guaranteed by the Constitution and Constitution of the Kyrgyz SSR of the right of citizens to the dwelling, proper use and safety of housing stock, and also strengthening of legality in the field of the housing relations.
The housing relations in the Kyrgyz SSR are governed by Bases of the housing legislation of USSR and federal republics and other acts of the housing legislation of USSR, this Code and other acts of the housing legislation of the Kyrgyz SSR issued according to them.
The relations connected with construction of apartment houses are regulated by the relevant legislation of USSR and the Kyrgyz SSR.
The apartment houses which are in the territory of the Kyrgyz SSR, and also premises in other structures form housing stock.
The housing stock includes:
the apartment houses and premises in other structures belonging to the state (the state housing stock);
the apartment houses and premises in other structures belonging to kolkhozes and other cooperative organizations, their associations, trade-union and other public organizations (public housing stock);
the apartment houses belonging to housing cooperatives (fund of housing cooperatives);
the apartment houses and apartments which are in personal property of citizens (individual housing stock).
The housing stock joins also apartment houses belonging to state and collective-farm and other state and cooperative associations, the companies and the organizations. According to Bases of the housing legislation of USSR and federal republics the rules established for public housing stock are applied to these houses.
The housing stock does not include the non-residential premises in apartment houses intended for trade, domestic and other needs of nonindustrial nature.
The state housing stock is under authority of local councils of People's Deputies (housing stock of local councils) and under the authority of the ministries, the state committees and departments (departmental housing stock).
According to Bases of the housing legislation of USSR and federal republics of the house of departmental housing stock in the cities and settlements of city type are subject to gradual transfer to maintaining local councils of People's Deputies according to the procedure and in the terms determined by Council of Ministers of the USSR and Council of Ministers of the Kyrgyz SSR.
Apartment houses and premises intend for permanent residence of citizens, and also for use in accordance with the established procedure as office premises and hostels. Provision of rooms in apartment houses for needs of industrial nature is forbidden.
Periodically, in the terms established by Council of Ministers of the Kyrgyz SSR inspection of condition of apartment houses of the state and public housing stock is made. Apartment houses and premises, unsuitable for accommodation, will be re-equiped for use in other purposes or such houses communicate according to the decision of executive committee of regional council of People's Deputies, and in areas and cities of republican subordination - executive committee of regional, city council of People's Deputies.
The procedure for carrying out inspection of technical and sanitary condition of apartment houses and premises and recognition their unsuitable for accommodation, and also procedure of their re-equipment for use in other purposes or demolition is determined by Council of Ministers of the Kyrgyz SSR.
Transfer of apartment houses and premises, suitable for accommodation, in houses of the state and public housing stock in non-residential, as a rule, is not allowed. In exceptional cases transfer of apartment houses and premises in non-residential can be performed according to the decision of the bodies specified in article 7 of this Code. Transfer of apartment houses and premises of departmental and public housing stock in non-residential is made according to offers of the relevant ministries, state committees, departments and central bodies of public organizations.
Transfer of the apartment houses and premises belonging to kolkhozes in non-residential is performed according to the decision of general meeting of members of kolkhoz or meeting of representatives.
Transfer of apartment houses of housing cooperatives in non-residential is not allowed.
Citizens of the Kyrgyz SSR have the right in accordance with the established procedure to premises in houses of the state or public housing stock or in houses of housing cooperatives.
Premises in houses of the state and public housing stock, and also in houses of housing cooperatives are provided to citizens in unlimited use.
Citizens have the right to have the apartment house (part of the house), the apartment in personal property.
Nobody can be evicted the occupied premises or is limited in right to use by premises differently as on the bases and according to the procedure, the provided law.
Implementation of housing laws in contradiction with their appointment or with violation of the rights of other citizens, and also the rights of the state and public organizations is not allowed.
The right of citizens to the dwelling is protected by the law. The actions interfering citizens in implementation of their right to housing are prohibited.
Citizens shall make thrifty use of the house in which they live, to use premises according to its appointment, to follow instructions for use premises and rules of the socialist hostel, to economically spend water, gas, electrical and heat energy.
According to Bases of the housing legislation of USSR and federal republics are under authority USSR in the field of regulation of the housing relations:
1) ensuring unity of legislative regulation of the housing relations;
2) management of housing of allied subordination, common directorship of housing of allied and republican subordination;
3) establishment of the general beginnings of the organization and activities of state bodies housing;
4) approval of plan targets on capital repairs of housing stock on federal republics, the ministries, the state committees and departments of the USSR;
5) carrying out single technical policy in the field of repair of housing stock;
6) establishment of standard rates of expenditure of financial and material resources on operation and repair of housing stock on federal republics, the ministries, the state committees and departments of the USSR;
7) establishment of single procedure for the state accounting of housing stock;
8) establishment of the basic rules of accounting of the citizens needing improvement of housing conditions, provisions of housing rooms and use of them;
9) establishment of the amount of rent and privileges on payment of premises and utilities;
10) establishment of the basic rules of the organization and activities of housing cooperatives;
11) state control of use and safety of housing stock and establishment of procedure for its implementation;
12) the solution of other questions of all-union value in the field of use and ensuring safety of housing stock according to the Constitution of the USSR and Bases of the housing legislation of USSR and federal republics.
Are under authority the Kyrgyz SSR in the field of regulation of the housing relations outside competence of USSR:
1) legislative regulation of the housing relations in the Kyrgyz SSR;
2) management of housing of allied and republican and republican subordination, establishment of procedure for the organization and activities of state bodies by this economy;
3) approval of plan targets on capital repairs of housing stock in the Kyrgyz SSR;
4) implementation of the state accounting of housing stock in the territory of the Kyrgyz SSR;
5) establishment of accounting treatment for the citizens needing improvement of housing conditions, provisions of premises and use of them;
6) establishment of procedure and terms of introduction of rent and payment for utilities;
7) establishment of procedure for the organization and activities of housing cooperatives, rights and obligations of their members;
8) establishment of rules and regulations of technical operation of apartment houses and instructions for use house adjoining territories;
9) implementation of the state control of use and safety of housing stock;
10) the solution of other questions in the field of use and ensuring safety of housing stock if they are not carried to competence of USSR.
Regional councils of People's Deputies according to the legislation of USSR and the Kyrgyz SSR:
1) direct housing of regional subordination;
2) ensure safety, the correct operation, carrying out capital and running repair of the housing stock which is under authority of local councils;
3) will organize control of condition and operation of departmental and public housing stock, of content of houses of the housing cooperatives and houses which are in personal property of citizens;
4) is controlled by condition of accounting of the citizens needing improvement of housing conditions and also correctness of distribution and provision of premises;
5) resolve other issues in the field of use and ensuring safety of housing stock according to the legislation of USSR, this Code and other legislation of the Kyrgyz SSR.
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The document ceased to be valid since July 12, 2013 according to the Law of the Kyrgyz Republic of July 9, 2013 No. 118