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Publication date: 26.03.2025
I have more than 18 years of experience in the field of law, before moving to Great Britain I specialized in legal representation, corporate support of enterprises, analysis and drafting of contracts, as well as legal support of commercial activities. She began her career in the public sector, where she gained significant experience in interaction with regulatory bodies and legal regulation. Subsequently, she worked in private companies, engaged in contractual work, legal analysis of documentation, support of court cases and interaction with state institutions. For several years, she headed the legal department of a large utility company, where she organized the team's work, developed legal strategies, represented the company's interests in courts, accompanied inspections and provided legal control of transactions. Thanks to effective work, it was possible to significantly reduce the company's debt, optimize contractual activities and implement effective communication mechanisms between departments. I have experience in supporting public procurement, including analysis of tender documents, appeals against decisions in relevant bodies and work with state audits. She was also involved in the preparation of founding documents, company registration and legal support for corporate changes. My expertise includes detailed analysis of legislative changes and their effective application to protect the interests of clients. Thanks to a strategic approach, knowledge of law and practical experience, I help to avoid legal risks and achieve stability in legal matters.
Input Data. The client, living in a dormitory with a minor child, received a lawsuit from a legal entity demanding eviction. The plaintiff claimed that the client had no legal grounds for residence and had allegedly occupied the residential premises without justification.
Legal Aspects. Examining the legal grounds for the client's residence in the dormitory. Protecting the client’s right to housing, considering the interests of the minor child. Analyzing the legitimacy of the plaintiff’s claims and proving their lack of justification.
Lawyer’s Actions. A detailed analysis of documents confirming the client’s right to residence was conducted. It was proven that the plaintiff’s claims contradicted housing legislation and the principle of child rights protection. Well-founded objections to the lawsuit were presented, refuting allegations of unlawful occupation of the premises. The client’s interests were successfully represented in court, ensuring the protection of their rights.
Result. The court rejected the lawsuit, recognizing the client’s right to continue living in the dormitory. The client’s and their minor child’s interests were fully protected, preventing eviction and securing their housing.
Deprivation of Housing Rights
Losing the right to housing can occur for various reasons, depending on the situation and the legal status of the person in the residence. The main cases of housing rights deprivation in Ukraine include:
- Eviction by court decision, if: there is unpaid utility debt for more than three months (for tenants or dormitory residents), housing use rules are violated (e.g., property damage, failure to meet sanitary standards), there are no legal grounds for residence (e.g., lease expiration or termination of family relations with the owner).
- Loss of property ownership, which occurs if there are mortgage debts, the property is forcibly sold to cover debts (by court order in an enforcement proceeding), a purchase agreement is declared invalid (e.g., if concluded with legal violations).
- Loss of housing use rights, in cases where a person has not lived in the residence for over six months without valid reasons (Article 72 of Ukraine’s Housing Code), a court has ruled that the person has lost their right to use the housing (e.g., after a divorce).
- Expropriation of housing during martial law occurs in certain cases. For example, the state may seize real estate for defense needs, with or without compensation, depending on the circumstances.
If you face a risk of housing rights deprivation, it is crucial to immediately contact a professional lawyer. Iryna Sydorova is an experienced lawyer who will provide consultation and, if necessary, protect the client’s interests before third parties.
Housing Rights of Minor Children
If a minor child (under 14 years old) lives in a residence, their housing rights are protected by Ukrainian law. This means that eviction becomes more complicated, and in some cases, it is entirely impossible without the consent of guardianship authorities or a court ruling.
Key Child Protection Guarantees
- Prohibition of eviction without alternative housing. If a child is registered (has official residence) in a home, they cannot be evicted without being provided with alternative accommodation, even if the property is sold or transferred to other individuals.
- Mandatory approval from guardianship authorities. To sell, gift, or exchange a property where a child is registered or owns a share, approval from the child welfare service is required. If the property is sold without this approval, the transaction can be declared invalid.
- Protection of child rights during parental divorce. One parent cannot arbitrarily remove a child from residence registration if it violates their interests.
- Protection from forced eviction. If a home is seized due to debts, a child cannot simply be evicted—alternative housing must be provided, or a court must consider the child’s interests.
- Protection in bankruptcy or mortgage debt cases. If the home is the only residence for a family with a child, the court may restrict its forced seizure.
What to Do If There Is a Risk of Losing Housing?
- Consult a lawyer for situation analysis.
- Submit an application to guardianship authorities if a child’s rights are being violated.
- Appeal the eviction decision in court if it violates the interests of a minor child.
If a minor child (under 14 years old) lives in the home, selling the property requires permission from the guardianship authorities. Without it, the transaction may be declared invalid.
How Can a Lawyer Help in Case of Illegal Eviction?
- Document analysis
- Challenging the eviction in court
- Filing complaints with guardianship authorities (if a minor child is involved)
- Legal assistance in criminal cases (if fraud is involved)
- Protection against eviction due to debts or mortgage
What to Do If Eviction Threatens?
- Do not sign any documents without a lawyer.
- Record the situation (video, photos, witnesses).
- Seek immediate legal assistance from a lawyer.
- If eviction is enforced by force, call the police.
Violation of housing inviolability includes unlawful entry into a home, illegal searches or inspections, as well as unlawful eviction or other actions violating a citizen’s right to housing (Article 162 of Ukraine’s Criminal Code).
Eviction is prohibited if the person has a right to social protection, belongs to a low-income group, is part of a large family, or has a disability.
If you or your family face illegal eviction, a lawyer can help stop the eviction process and protect your rights through court proceedings or other legal mechanisms. Professional lawyer Iryna Sydorova will assist in resolving unlawful eviction issues, provide legal consultation, and ensure her client’s protection in court.
