Issue: № 4, 2025
Doi: https://doi.org/10.37634/efp.2025.4.8
The paper is devoted to the study of the administrative and legal regulation of subjects and objects of relations on preferential lending for individual housing construction in rural areas. The author analyzes the legal relations of preferential lending for individual housing construction and identifies their types and structural elements. Attention is drawn to the fact that relations in the field of preferential lending for individual housing construction have an administrative and legal essence, with a slight interspersion of elements of another industry direction. The main subjects of relations on preferential lending for individual housing construction are characterized, which include the borrower (individual developer) and the branch of the individual housing construction support fund in rural areas. The criteria established in the legislation that future borrowers must meet are analyzed. A critical attitude to certain conditions is justified, in particular, the mandatory sign of the candidate's work in rural areas. It is proposed to introduce an alternative for future borrowers: living or working in rural areas. It is proved that the activities of individual housing construction support funds in rural areas are determined by the purpose of relieving the budget from part of social expenditures and ensuring the priority of the direction of rural development. It is established that additional subjects of relations can also be members of the borrower's family, the pledgor and the guarantor. In addition, the author studies the system of objects of legal relations in the field of preferential lending for individual housing construction. The main object is the construction of residential buildings. A general characteristic of the regulation of individual construction is given. The expediency of stricter compliance with state building standards and rules when building a house on the terms of attracting funds from the individual housing construction support fund in rural areas is argued.
Keywords : individual housing construction, preferential lending, administrative and legal regulation, rural areas, individual housing construction support fund in rural areas
References:
1. Tsilenko V.A. Legal regulation of construction activities: the structure of construction legal relations. Bulletin of the National University "Yaroslav the Wise Law Academy of Ukraine". 2014. № 2 (17). pр. 225-335. (in Ukrainian).
2. On approval of the rules for granting long-term loans to individual developers of rural housing: Resolution of the Cabinet of Ministers of Ukraine dated October 5, 1998 № 1597 URL: https://zakon.rada.gov.ua/laws/show/1597-98-п#Text (in Ukrainian).
3. How to get 300 thousand hryvnias for construction in the village. URL: http://expres.ua/news/2017/07/30/254805-otrymaty-300-tysyach-gryven-budivnyctvoseli (in Ukrainian).
4. On approval of the Regulation on the procedure for the formation and use of funds for the support of individual housing construction in rural areas: Resolution of the Cabinet of Ministers of Ukraine dated August 3, 1998. URL: https://zakon.rada.gov.ua/laws/show/1211-98-п#Text (in Ukrainian).
5. Tuliantseva V. Legal regulation of the circulation of financial resources of extra-budgetary state trust funds. Law. State. Technology. 2021. №. 1. pр. 47–53. (in Ukrainian).
6. Blihar M.M., Sarahman Y.B. Legal nature of the activities of special-purpose extra-budgetary state funds. Legal scientific electronic journal. 2022. № 9. pр. 271-273. (in Ukrainian).
7. Vdovenko L.O., Sushko N.M., Faiura N.D. Finance. Kyiv, 2010. 152 р. (in Ukrainian).
8. Tuliantseva V. Financial and legal regulation of the activities of extra-budgetary state trust funds in Ukraine: dis. ... PhD in legal sciences. Zaporizhzhia, 2016. 224 р. (in Ukrainian).
9. Slonchak V.V. Administrative and legal relations in the construction sector under conditions of decentralization of power: dissertation abstract ... PhD in legal sciences. Kyiv, 2017. 17 p. (in Ukrainian).
10. Stukalenko O.V. World experience in regulating construction activities using the example of the USA. Scientific Bulletin of Kherson State University. 2016. Issue 2. Vol. 2. pp. 112-115. (in Ukrainian).
11. On approval of DBN B.2.2-12:2019 “Planning and development of territories”: Order of the Ministry of Regional Development, Construction and Housing and Communal Services of Ukraine dated April 26, 2019 № 104. URL: https://zakon.rada.gov.ua/rada/show/v0104858-19#Text (in Ukrainian).
12. On building codes: Law of Ukraine of November 5, 2009. URL: https://zakon.rada.gov.ua/laws/show/1704-17#Text (in Ukrainian).
13. On approval of the Rules for individual developers on the implementation of anti-seismic measures during the construction of individual residential buildings in areas of Ukraine with seismicity of 7-8 points Order of the Ministry of Regional Development and Construction of Ukraine dated June 22, 2009 № 244. URL: https://zakon.rada.gov.ua/rada/show/v0244661-09#Text (in Ukrainian).
14. Halasiuk V.V. Reforming the system of connection to utility networks in Ukraine. Black Sea Economic Studies. 2018. Issue 28-1. pp. 61-68. (in Ukrainian).
15. Latysheva V.V. Legal aspects of housing construction in rural areas. Journal of the Kyiv University of Law. 2014. № 4. pp. 220- 224. (in Ukrainian).
16. Kholod V.V. Regarding the definition of the concept of reconstructed real estate. Scientific Bulletin of Uzhhorod National University. Law Series. 2013. Issue 21. Part 1. Vol. 1. pp. 284- 287. (in Ukrainian).
17. Latysheva V.V., Prylypko V.M. Energy efficiency as a means of sustainable development of rural areas: legal aspect. Bulletin of Mykhailo Ostrohradskyi KrNU. 2016. Issue 4. pp. 124-129. (in Ukrainian).