If housing is not provided on time: military personnel may automatically receive compensation

The state guarantees servicemen the right to housing or monetary compensation, but in practice many defenders and their families remain in housing queues for years without legally defined deadlines for receiving assistance. An initiative registered for consideration by the Cabinet of Ministers proposes to change this approach: to establish maximum deadlines for housing provision, automatically grant the right to compensation in case of violation, and improve the financing mechanisms of housing programs.

The relevant initiative concerns the improvement of mechanisms for realizing the right of servicemen and their family members to housing provision.

The author of petition No. 41/010404-26ep to the Cabinet of Ministers points out that according to Articles 3, 17, 46, and 47 of the Constitution of Ukraine, the Law "On Social and Legal Protection of Servicemen and Their Families," and the Law "On the Basic Principles of Housing Policy," the state guarantees servicemen the right to housing provision or monetary compensation.

At the same time, current legislation does not define maximum deadlines for fulfilling this obligation. Because of this, servicemen and their family members can remain on housing registers for years without a defined time when the state must fulfill its guarantees.

What housing provision deadlines are proposed

The initiative provides for the development of a draft law that will establish maximum deadlines for providing servicemen with housing or paying monetary compensation.

It is proposed that such deadlines do not exceed the length of military service required to acquire the right to a pension for long service.

Separately, it is proposed to establish shortened deadlines for:

• family members of deceased defenders of Ukraine;
• persons with disabilities due to the war;
• other categories defined by law.

After the expiration of the legally established maximum deadline, the serviceman, according to the authors, will be able to independently choose between receiving housing or monetary compensation.

Compensation in case of deadline violations

It is also proposed to introduce a mechanism whereby the right to monetary compensation arises automatically if the state does not provide housing or pay compensation within the legally established deadline. No additional individual decisions will be required for this.

In addition, it is proposed to increase the amount of compensation by applying a coefficient of 1.20 for each full year of delay in the state’s fulfillment of its obligation — until the day of actual payment.

How compensation is proposed to be calculated

The initiative provides for establishing a unified procedure for determining the amount of compensation.

It is proposed to calculate it based on:

• the housing area norm established by legislation;
• the average market value of one square meter of housing on the day of payment.

At the same time, the serviceman will be able to choose whether the calculation is made based on the place of his registration or actual residence.

Compensation for housing rent

The document also provides for the introduction of guaranteed compensation for rent (sublease) of housing to servicemen who are not provided with official or other housing according to established housing area norms, taking into account family composition.

Separately, it is proposed to grant the right to such compensation to servicemen who are not provided with housing according to established norms within the garrison (place of service), regardless of being on the housing register, if they do not have housing or its area is less than the norm established by law.

In such cases, compensation is proposed to be determined proportionally to the area lacking to meet the norm.

What compensation can be used for

It is proposed to allow the use of monetary compensation for:

• purchase of housing;
• construction;
• reconstruction;
• completion;
• major repairs of housing;
• payment of the first mortgage installment;
• repayment of mortgage loan obligations.

How housing programs are proposed to be financed

The initiative also provides for improving the financing mechanisms of state programs for providing housing to servicemen.

In particular, it is proposed to allow their co-financing from:

• the state budget;
• local budgets (by decision of local self-government bodies);
• international financial assistance;
• other sources not prohibited by law.

During martial law, mobilization, or combat operations, it is proposed to ensure priority financing of the relevant budget programs.

According to the author of the initiative, the implementation of the proposed changes should ensure the real fulfillment by the state of constitutional guarantees regarding the social protection of servicemen and their families, increase motivation to serve in the military, strengthen the country’s defense capability, and create a fair, transparent, and predictable system for realizing the right to housing.

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