ADMINISTRATIVE AND PROCEDURAL FORM OF ESTABLISHING ASSOCIATIONS OF CO-OWNERS OF AN APARTMENT BUILDING

Abstract

The article proposes for discussion the author’s vision of the essence and content of procedurality in the organization of associations of owners of residential and non-residential premises in a multi-apartment building, the protection of their rights, and the fulfillment of their obligations regarding the joint maintenance of the multi-apartment building. The immediate subject of the study is the administrative-procedural form of the formation of such associations, in particular, its recognition, structure, and system. The purpose of the article is to gain new knowledge about the properties, characteristics, qualities, and features of the procedural form of the formation of associations of co-owners of a multi-apartment building. The research methodology is harmonized with the principle according to which the application of a particular method cannot be reduced to a single formula, and specific research technologies (procedures of analysis, comparison, systematization, periodization, etc.) vary depending on the nature of the subject of research and its purpose. The author analyzes the essence and significance of procedural forms as tools for improving models and scientific constructions in the field of public administration. He notes that at the initial stages of the formation of administrative-procedural and administrative-procedural knowledge, a clear distinction between procedural and procedural forms is not traced. However, in the studies of that time, two important judgments about such a form were formulated: a) as a necessary condition for the proper functioning of any administrative legal relations and b) as a legal safeguard against unlimited administrative discretion. Subsequently, they acquired doctrinal content and developed in modern administrative-legal studies. Special attention is paid to the Laws of Ukraine: a) “On Administrative Procedure” dated 17.02.2022, which regulated the relations of public authorities with individuals and legal entities; b) “On Associations of Co-owners of Multi-apartment Buildings” dated 29.11.2001, which regulated the creation and functioning of such associations. Based on the analysis of theoretical achievements, normative material, and the experience of the activities of associations, it is proposed to understand the procedural form of the formation of associations of co-owners of multi-apartment buildings as a normatively established order of organizational and legal activities of authorized subjects aimed at achieving an institutional-legal result – the formation of an association of co-owners of a multi-apartment building. The main properties of the procedural form are defined, including its structure, sequence of operations, internal organization, temporal properties, and systematization. General justifications regarding the appropriateness of the formation of the administrative-procedural doctrine are formulated.