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Abstract

The Subject: Motivation of the suit in court on cause possible deforming the buildings

Author: Petrov V. V.

The Scientific leader: professor, doctor t.s. Krenida YU. F.



The Problem of the bad influence of the mines operation is very actual for Donbass region. Urgency is concluded in that that buildings in miner's villages and cities consist of buildings, erected with and without taking into account bad influence of the mining work. Accounts of the buildings, built disregarding bad influence of the mining work, from 10 to 90% of total number of the buildings depending on time of the main construction of these places. Part of these buildings has already felt the bad influence of the mines and has got the different damages. Under not yet developed territories more than 2 Gt coal deposits are found. Obviously that sooner or later this coal will have to be mined, particularly this need is connected with changing situation on the market of the power systems.

Novelty of the study is concluded in revealing the insufficient motivation of the possible conditions of mining and not perfection of the forecast deformation and damages of the object. In this connection it is necessary to create the precedent for adduction in correspondence to existing legislation. In given situations we have two concerned parties: coal mine, as representative of one subject of the property and representatives of the civil building, as the second subject of the property. The Constitutions of the Ukraine says that all subjects of ownership are equal before the law, and that property must not be used in harm of the person and society. In its turn "Rule of buildings safety from bad influence of the developments" practically allows the damages of the buildings. Small, but nevertheless these are damages and this is harm for buildings.

In accordance with "Rule of buildings safety from bad influence of the developments" it is possible to consider deformation to terrestrial surface, which can cause such damages in buildings, under which for their further usage with the direct purpose it is enough to undertake current adjust and repair work. Practically deformation possible for terrestrial surface can cause cracks in building with width in 10 mm. Inaccuracy can be 3 mms, but 13 mms are already beyond the limits. In accordance with this document all buildings must be restored after caused deformation. Repair of worked up buildings after settling was produced and conducted without reconstruction of wholeness of the laying walls usually, it is repaired only plaster, because for reconstruction of wholeness of walls by means of different solution it is necessary to spend the more significant facilities, which is mines until don’t spend or simply have not.

Examination of the buildings, built disregarding bad influence of the mining work (under which work was conducted in possible condition) and repaired after working, are defined secondary damages of the following nature.

The cracks in earlier repaired plaster opening up to 1мм that entails hulling of the whitewashing, paints, warping wallpaper. In places of the interfacing of carrying walls, overlappings and partitions slots, coming off of the repaired sealing appear. With external and inner sickles of place carrying walls the coming off and collapses of the tile slab, the slanting of an opening and continue to take.

Damages are also fixed during the examination of the buildings, built with taking into account bad influence of the mining work. The number of such buildings is not big.

Reasons of such damages are the following:

- An absence of wholeness of the laying of carrying walls, cracked in the process of the working of the mine;

- Continuing uneven compaction of the thick mass of the mining rocks and, connected with this, deforming the buildings foundation.

The Above-mentioned damages bring about the breach of sanitary-technical rates in usages of the premises, create not comfortable residence that greatly affects on residence itself, as well as market price of the premises.

Herewith exactly on sanitary rates are paid attention to motivation of possible deformation. The experiment was organized for motivation of the possible rates. The purpose of the experiment was to show reception the dependence of permeability of the air of the damaged walls and velocities of air moving indoors under different value of the surplus pressures (and the temperature of the air outdoors) and different opening of the cracks under investigation.

The Argument in court can be that experiment was organized not in natural condition, but on models and because of this the results of the experiment can be under doubts. Except this the experiment itself was conducted in obviously simplified form and there are several remarks. Concerning it in particular it is possible to do the following conclusions on low winter temperatures and length of cool winds, except this air itself was forced by home vacuum cleaner.

The basis of above said:

1) For already damaged from mine working buildings, it is necessary to require reconstruction to wholeness of the wall laying since secondary damages are fixed. The presence of damages themselves, caused by mine working, the jamming of ownership for owner of house, because it breaks the wholeness of property and breaks the position of Constitutions of the Ukraine about that that property (in given context mine) can be not used in harm of the person and society.

2) Before the buildings are worked up in the future, it is necessary to conduct the additional studies under the provisions of safe mine working under buildings and produce the coal mining so as apartment buildings are not deformed. To motivate the influence deformation on accommodation comfort it is necessary to make an experiment in natural condition, rather then on models.

Refrences

  1. Правила охраны сооружений и природных объектов от вредного влияния подземных горных разработок на угольных месторождениях, М. Недра 1981 год, 288 с.
  2. Микроклимат жилищ и его гигиеническое нормирование, Горомосов М.С. М.. Медгис 1963 год.
  3. Защита и подработка зданий и сооружений, М. Недра 1974 год.
  4. ДБН В.1.1-5-2000 БУДИНКИ І СПОРУДИ НА ПІДРОБЛЮВАНИХ ТЕРИТОРІЯХ І ПРОСІДАЮЧИХ ГРУНТАХ Частина І. БУДИНКИ і СПОРУДИ НА ПІДРОБЛЮВАНИХ ТЕРИТОРІЯХ, Київ 2000. http://proxima.com.ua/dbn/articles.php?clause=203
  5. Руководство по коммунальной гигиене, т. 3 Гигиена жилых и общественных зданий. М.. Медгис 1963 год.
  6. Кодекс Украины "О Недрах" м.Київ, 27 липня 1994 року. N 132/94-ВР. http://proeco.visti.net/leg/leg1_07.htm

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