Former Wives of Servicemen Are Offered the Right to Housing Registration and Housing Guarantees

After divorce from a serviceman, a woman today loses the status of a family member, and along with it — the right to a number of housing and social guarantees. At the same time, children who continue to live with their mother may also be left without proper protection. That is why it is proposed to amend the legislation so that former wives of servicemen who independently raise common minor children can claim state housing guarantees, and the rights of children do not depend on the fact of the parents' divorce.

Why the legislation is proposed to be changed

A petition titled "On Amendments to the Legislation of Ukraine Regarding the Provision of Housing, Social and Material Protection for Former Wives of Servicemen Who Independently Raise Minor Children, Especially in Cases of Serious Illnesses" has been registered with the Cabinet of Ministers.

The authors of the petition refer to Articles 3, 24, 46, 48, 51, and 52 of the Constitution of Ukraine, which guarantee equality of citizens, the right to social protection, an adequate standard of living, as well as the protection of family, motherhood, and childhood.

In their opinion, after divorce, a woman automatically loses the status of a family member of the serviceman and, along with it, the right to housing guarantees and a number of social benefits. According to the petition, the greatest harm is suffered by minor children who remain living with their mother, especially if she has a serious illness, disability, or has lost her ability to work.

What problems they want to solve

It is noted that many servicemen are on housing registers or use state housing programs. However, current legislation, in their opinion, does not provide adequate protection of the rights of children and former wives in cases when the serviceman leaves the family.

Attention is also drawn to cases where real estate is registered to close relatives. According to the authors, this can complicate the protection of property rights of children and former family members and create risks of unlawful receipt of state housing guarantees.

What changes are proposed

The Cabinet of Ministers is asked to develop and submit to the Verkhovna Rada legislative amendments that will provide for:

• a state program for housing provision or payment of monetary compensation for housing for former wives of servicemen who independently raise minor children;
• the right for such women and their children to remain or be registered on the housing list if the child lives with the mother;
• a mechanism to verify the property status of servicemen who are on housing registers or receive housing compensation to prevent unlawful receipt of state support through hiding property or registering it to close relatives;
• priority social, material, and housing protection for women with serious illnesses who independently raise minor children;
• a guarantee that the housing rights of servicemen’s children will not be terminated solely due to the parents' divorce or due to the unworthy behavior of one of them;
• improvements to the legislation so that the interests of minor children are primarily considered during the distribution of state housing guarantees.

What the authors emphasize

The petition states that the state should support not only servicemen but also their children, who should not lose the right to an adequate standard of living due to their parents' divorce.

According to the authors, legislation should ensure a fair balance between the social protection of servicemen and the protection of the rights of children and those parents who bear the main burden of raising them after divorce.

The petition is registered under No. 41/010363-26ep.

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