Tarasov A. Protection of the rights of founders and members of the association of apartment building co-owners

The dissertation provides a comprehensive study of the mechanisms of protection of the rights of founders and members of the association of apartment building co-owners for the first time in the domestic legal doctrine. In the dissertation research, the theoretical and legal questions of the conceptual apparatus at the consideration of a problem of legislative fixing of fundamental concepts of the specified theme are developed. The author's vision of the essence and specifics of the legal status of members of the association of apartment building co-owners, regulation of their activities within the formed associations, as well as mechanisms of the legal protection of their rights to establish associations of apartment building co-owners and participate in such associations. The historical retrospective of the formation of associations of citizens on the implementation and protection of their rights is taken into account as a prerequisite for the formation of the institution of associations of apartment building co-owners. The evolution of forms of self-organization of owners to manage common property in apartment buildings is marked by unevenness. The development of the institution of associations of apartment building co-owners (hereinafter – AABC) on this path has undergone a significant transformation, as a result of which today, there is a spread of condominiums in various forms (associations, condominiums). The study presents a three-link periodization of the formation of the institution, taking into account the development of Ukrainian statehood during the Soviet era, the ways of influencing international, historical, and legal experience. The key importance of the right of private property as an integral element of the assertion of the foundations of individual and collective legal consciousness of apartment building co-owners and the growth of the level of awareness of personal responsibility is considered. The association of apartment building co-owners in Ukraine today not only serves as a mechanism for managing apartment buildings but also acts as an important factor in ensuring the protection of the rights of members of the associations of apartment building co-owners. Associations are created to protect the rights of members. It is advisable to consider AABC as a subject of protection of the rights of co-owners of an apartment building. In the author's connotation, an association of apartment building co-owners is considered to be a legal entity created by the owners as a non-profit organization to promote the use of their own property, management, maintenance and use of common property, which is indivisible and common, and to protect the rights of co-owners. It is established that the properly regulated activities of AABC to protect the rights and interests of co-owners are based primarily on a clear understanding of the nature of the institution and the establishment of its actual functional value at the legislative level, as well as by participants of some AABC. It was found that the creation and operation of the association of apartment building co-owners in Ukraine have significant issues that require thorough study. One of the major factors in this issue is the inconsistent state approach. Thus, it is proved that modern mechanisms for regulating the creation and operation of AABC and protection of the rights of their participants and founders lack transparency. The association does not guarantee proper mobility of disputes and effective legal supervision and control. In its modern form, AABC is characterized by a certain bureaucratization of the institution. The issue of informing the population about the efficiency and proper functioning of AABC in Ukraine remains unresolved. Low rates of mental transition of a significant part of the inhabitants of modern apartment buildings to effective and responsible management of their property, acquisition of personal responsibility for their property have been established. The excessive prevalence of abuses in the field of financial and accounting activities, as well as the use of "fake" AABC in criminal schemes, has been proven. The problem of conflict of interests of co-owners of apartment buildings and local governments is considered, which is based on the illegal commercial motivation of the latter. The following main types of legal risks for the rights of AABC participants are identified: 1) violation of the rights of participants by AABC represented by its management; 2) violation of the rights of participants by other participants of AABC; 3) violation of the rights of participants by public authorities (state and local self-government); 4) violation of the rights of participants by one AABC by participants of another AABC.