At the same time, according to Art. 345 of the Civil Code of Ukraine, natural or legal person can acquire ownership right in case of privatization of state and communal property. Privatization is carried out in accordance with the procedure established by law.

According to part. 4 of Article 5 of the Law of Ukraine "On privatization of the state housing stock", the right to privatize apartments (houses) of the state housing stock with the use of housing checks is obtained by the citizens of Ukraine who permanently reside in these apartments (houses) or who have been registered in need of improvement of housing conditions before entering into effect of this Law.

In accordance with paragraph 18 of the Regulation on the procedure for transfer of apartments (houses) of residential premises in dormitories to the property of citizens, which stipulates the procedure for the transfer of apartments of apartment buildings, it is stipulated that for the procedure of privatization by a citizen the appropriate list of documents shall be submitted, including the application for registration apartments.

Thus, one of the proper evidences is an appeal to the privatization body with a properly filed application, ie the procedure for privatization of the apartment must be started.

He was reminded of this on October 7, 2019, by the Supreme Court, reviewing the judgment in Case No. 752/6593/18.

In the instant case, the Supreme Court explained that, if the citizen who expressed his will to privatize the apartment he occupied died before the decision by the competent authority to take privatization, his heirs obtain the right to claim the right of ownership of such apartment.

It should be noted that a similar legal position was previously stated in the Decree of the APU of December 11, 2013 in Case No. 6-121ts13, the Decree of the APU of February 9, 2018 in Case No. 719/179/17, and of the Order of the APU of March 27, 2019 Case No. 669/629/16-c.