THE CONCEPT OF HOUSING IN THE PLANE OF PRIVATE LAW REGULATION

Abstract

The article is devoted to the study of the issue of understanding the concept of housing in the sphere of private law regulation. In particular, it was established that housing is a complex social, socio-economic and legal category, the significance of which is quite difficult to overestimate both from the standpoint of meeting the physiological needs of a person and ensuring his life, and from the standpoint of compliance with established international standards of human rights. It was concluded that the concept of «dwelling» in housing law accumulates a combination of both public and private legal aspects related to the implementation of the constitutional right to housing, which, in turn, determines the need to assign a category of housing in the field of housing law not only economic, but also a deep social meaning related to the state's fulfillment of its constitutional duty to create conditions under which everyone will be able to satisfy their need for housing. It is emphasized that the establishment of the legal nature of the «housing» category should be carried out not through the prism of the peculiarities of only one branch of law, but taking into account its complex inter-branch nature and the exceptional importance of housing as a socio-economic category. The need for a regulatory consolidation of the most clear understanding of the category «housing», including as an object of property rights, which is primarily determined by the needs of identification and legal qualification of this or that property as housing, determination of its volume and characteristics, correct economic evaluation in the process of its civil circulation, establishing the limits of the exercise of powers in relation to it, as well as the grounds and effective methods of protecting the right to ownership of housing in the event of its violation. It was established that the understanding of the concept of housing, its scope and legal features within the domestic legal system vary significantly depending on the field of law in which it is applied, which is determined by the objective needs of legal regulation of the relevant relations. That is why it is important to correctly understand the category of housing from the standpoint of private law principles, in particular, in the context of the exercise and protection of property rights, the relations with which, due to their exceptional social significance, require consistent and effective regulatory regulation.