As was noted by Viktoriia Kopchak, an Adviser on Decentralisation and Local Self-Government of the Regional Office of U-LEAD in Kherson Oblast, it is essential to understand the legal logic behind the termination of ownership rights:
“Ownership rights to municipal property shall terminate in case of its destruction; however, if it is, for example, real estate, it shall be considered terminated only once a relevant entry has been made in the State Register of Real Property Rights. For this reason, the municipalities need to have properly executed documents confirming the destruction of the property.”
Special emphasis during the info session was on inspecting the damaged sites. According to Nataliia Balaniuk, an Adviser on Decentralisation and Local Self-Government at the Regional Office of U-LEAD in Mykolaiv Oblast, this stage is one of the most delicate in the entire procedure:
“Unless certified professionals — engineers or construction experts — are involved, the municipality will not be able to accurately determine the technical condition of the site. The findings of the professional survey form the basis for further administrative decision-making: whether the property should be renovated or whether it is more expedient to demolish it.”
The speakers also stressed the importance of clear organisation of the process by local self-government bodies: appointing a responsible person or commission, compiling a list of damaged properties, approving an inspection programme and informing asset holders. This approach enables municipalities to act consistently and mitigates the risk of errors in subsequent stages.
According to Anatolii Matviiuk, a Municipal Finance and Management Adviser of the Regional Office of U-LEAD in Volyn Oblast, the council’s decision is crucial to the procedure:
“The decision to dismantle the destroyed property and terminate ownership rights must be formalised by a council decision. Otherwise, the property cannot be written off the balance sheet, nor can the state registration of the termination of ownership rights be completed.”
Municipal officials also joined the discussion on the topic. Responding to questions about possible difficulties in applying the procedure, Valentyna Nichyk, the Chief Specialist of the Department of Socio-Economic Development, Municipal Property, Infrastructure, Planning and Accounting of Varva Settlement Council (Cherkasy Oblast), stated:
“As of today, there is no destroyed municipal property in the municipality. That said, the trickiest bit would be getting a proper expert assessment and estimate of the damage to the building. To do this, specialists need to be involved. Presumably, we would have to engage such a specialist from outside the municipality.
Another important aspect is that local self-government bodies are able to receive additional advice from specialists, which is a significant source of support. If necessary, the municipality will be able to apply the management model presented during the informational session in its handling of destroyed municipal property, as it is geared toward practical steps.”
Amid the full-scale war, the issue of terminating ownership rights to destroyed municipal property, sadly, remains potentially relevant for every municipality. That is why during the info session, the experts focused both on the legal basis for this procedure and on the administration model for its implementation, a clear set of steps and practical tools.
