LIQUIDATION OF MULTI-APARTMENT BUILDING CO-OWNER ASSOCIATION UNDER THE COURT DECISION

Lyudmila RUDENKO
Ph.D. (Law), Associate Professor (Sumy State University), Ukraine
ORCID iD: orcid.org/0000-0001-5059-3420
DEL2000@i.ua

Bogdan DEREVYANKO
D.Sc. in Law, Professor (Academician F. H. Burchak Scientific Research Institute of Private Law and Entrepreneurship of the National Academy of Legal Sciences of Ukraine), Ukraine
ORCID iD: orcid.org/0000-0001-7408-8285
DEL2000@i.ua

UDC 347.254: 332.816.2

DOI :10.31733/2786-491X-2021-2-108-116

Keywords: multi-apartment building co-owner association, co-owner, liquidation, liquidation procedure, collective violation, class action lawsuit, state registrar, guarantee

Abstract. The article examines the grounds, the procedure for liquidating a multi-apartment building co-owner association (MABCOA) under the court decision. The strategic (the need to adapt national law to EU law) and regulatory (substantive and procedural) measurements of the feasibility of improving the legal mechanism for liquidating the MABCOA under the court decision are indicated. A classification of rules regarding the grounds and order of such liquidation into causal and procedural ones is proposed. The markers for resolving the dispute on the liquidation in the MABCOA have been concretized: will the claim be satisfied before the restoration of the rights and legitimate interests of the co-owner in the MABCOA?; will there be any court interference in the activities of the MABCOA?; will the satisfaction of the claim not violate the rights and legitimate interests of other participants in the MABCOA? The signs of violations during the creation of the MABCOA as grounds for its elimination have been clarified: such violations must be of a significant, collective nature, and they cannot be eliminated in the current activities of the MABCOA. The expediency of introducing class action lawsuits into the national system is reasoned since evidence of the fact of collective violation of the rights of co-owners of a multi-apartment building during the creation of the MABCOA is possible only if a particular community of co-owners of a multi-apartment building is provided with a legal opportunity to go to court since the conflict is based on the issue of the same-type violation of the rights of such co-owners. It is proposed to enshrine the guarantees of voluntary execution of a court decision on the liquidation of an economic entity by granting the state registrar the right to apply to the court with a statement of claim on the appointment of officials of the economic entity responsible for carrying out the liquidation procedure after a certain period has elapsed since the registration of information about the termination procedure of such economic entity.

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