THE LEGAL NATURE OF THE CONSTITUTIONAL RIGHT TO HOUSING

Abstract

The article examines the peculiarities of the legal content and essence of the right to housing.The constitutional nature of this right requires special attention and a responsible approach to the interconnected mechanisms ensuring and protecting it. According to the author, the inconsistency of scientific views and the insufficient legislative clarity of certain elements of the legal content of the right to housing create significant obstacles to its implementation and effective protection.Therefore, a clear definition of the legal content of the constitutional right to housing naturally precedes the effective functioning of the legal protection mechanism and, consequently, the introduction of modernized economic and legal models to improve this mechanism. It has been established that the right to housing in Ukraine is primarily guaranteed by Article 47 of the Constitution of Ukraine, which states: “Everyone has the right to housing. The state creates conditions under which every citizen can build housing, acquire it as property, or rent it.Citizens in need of social protection are provided with housing free of charge or at an affordable cost by the state and local self-government bodies in accordance with the law. No one may be forcibly deprived of housing except on the grounds of law and by a court decision.” These provisions are further specified in current legislation; however, sectoral interpretations of housing categories and specific aspects of the right to housing differ to some extent. Therefore, the author argues that the current legislation requires in-depth systematization. The issue at hand is of a debatable nature, and, in the author’s view, its resolution is possible through the determination of the legal nature of the constitutional right to housing. The existing challenges cover a broad range of issues, from the inconsistent interpretation of the term “housing” in substantive legal norms to procedural contradictions in the protection of citizens’ housing rights.