PROTECTION OF PERSONS’ RIGHTS AGAINST ILLEGAL EVICTION FROM CORPORATE HOUSING

Abstract

The author considers the specifics of the legal regulation of the use and eviction from official housing, the rights and responsibilities of persons who have legally right to use such housing. The article examines the case law and a thorough analysis of the legislation on the regulation of the use of special housing and the procedure for the use of official housing. The list of persons who could not prohibited without other housing was analyzed. As a result of studying of scientific civilian’s views and concept of “official housing” and the right of a person to receive such housing, was concluded that a person’s right to official housing cannot be equated with the right to housing in general. The right to official housing is directly related to the implementation of a person’s employment functions and the duration of employment. The terms during which a person has the opportunity to apply to the court with a negative claim are considered. It was note that the conclusion of a contract for the rental of official housing is a mandatory basis for moving into housing, so its conclusion is not a significant violation. The analysis of the practice of national courts of Ukraine and the practice of the European Court of Human Rights allows us to conclude that there is no violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms on the need to take into account the balance between public interests. It was conclude that if the owner demands the release of official housing in the manner prescribed by law, it is impossible to speak of a violation of the person’s right to housing.