On January 26, 2024, the Law of Ukraine “On solving certain issues of the administrative and territorial structure” entered into force, which changed the classification of settlements that existed until now. Yes, according to Art. 1 of the Law, there are currently cities, settlements and villages in Ukraine. At the same time, cities are urban, and settlements and villages are rural localities.
According to cl. 5 of the final and transitional provisions of the Law, settlements that before the date of entry into force of this Law were classified as urban-type localities, from the date of entry into force of this Law are classified as settlements, and therefore to rural localities. Viktoriia Kopchak, adviser on decentralization and local self-government of the Regional office “U-LEAD with Europe” in the Kherson oblast, told about this.
According to her, a request for clarification has been received from representatives of education management bodies of Kherson municipalities:
“Is it now possible to use the premises of defunct schools in former urban-type settlements for “non-educational needs”, in particular, rent them out?”.
Legal framework. Viktoriia Kopchak notes that until January 26, such an option according to part 2 of Art. 61 of the Law of Ukraine “On comprehensive general secondary education” was available only to institutions located in rural localities, i.e. in villages and settlements. At the same time, urban-type settlements used to belong to urban localities.
In order to find out exactly how it is possible to use the property of non-functioning schools in rural areas, from now on also in former urban-type settlements, it is necessary to familiarize yourself with Art. 61 of the Law of Ukraine “On comprehensive general secondary education”.
How can the municipality find out how it is possible to use the property of non-working institutions of general secondary education? The adviser explains that in order for the municipality to understand whether it is possible to use this or that property, it is necessary to answer two questions:
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In which locality (urban or rural type) is the institution that has ceased its activity located?
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Has this facility been liquidated? Did it stop functioning for other reasons?
“Based on the answers to the above questions, you can draw a conclusion about the possibilities of using the property provided by the law,” Viktoriia Kopchak emphasizes.
Yes, according to para. 1, part 2 of Art. 61 of Law No. 463, the municipality can use the property, including land plots, of liquidated communal institutions of general secondary education or those whose activities have been stopped to ensure education; provision of services in the field of social protection, culture, sports, health care.
"For these purposes, the property of general secondary education institutions located in both rural and urban localities can be used. These can be both liquidated institutions and those that do not work for one reason or another," the adviser notes.
What other possibilities are there if the property cannot be used for the needs of education, social protection, culture, sports? According to para. 2, part 2 of Art. 61 of Law No. 463, in the case of impossibility of using the property of liquidated communal institutions of general secondary education in rural areas for the purposes specified in the first paragraph of this part, the relevant local council after a public discussion may make an argumented decision on the use of such property (except for the property of sanatorium schools and special institutions general secondary education) for other needs of municipality life, including by leasing.
"I would like to draw attention to the fact that in this part we are talking exclusively about liquidated institutions, in respect of which there is a corresponding entry in the Unified state register about their liquidation. The property of such institutions, if it cannot be used for the needs of education, social protection, culture, sports or health care, the legislator allows it to be used for other needs, but subject to a number of conditions," says Viktoriia Kopchak.
Necessary conditions for using the property of the liquidated institution of general secondary education: 1) institution of general secondary education is located in a rural area; 2) the institution is liquidated; 3) at least 1 year has passed since the entry of information on the termination of the collective bargaining agreement by liquidation into the Unified state register; 4) there is no possibility to use the property of this institution of general secondary education for the needs of education, social protection, culture, sports, health care; 5) a public discussion was held.
“Provided that these requirements are met, the property of the liquidated institution of general secondary education in rural areas (that is, villages and settlements) can, for example, be leased to meet the socially important needs of the municipality,” Viktoriia Kopchak concluded.
