Abstract
The article expresses the hypothesis that non-execution of the decisions of the Constitutional Court of the Russian Federation in the housing law sphere is often predetermined by the political and legal moments associated with the need to choose between the protection of economic turnover and housing rights of citizens. Often the apparent fair decision aimed at taking into account the social importance of housing relations, on the scale of public policy can lead to serious adverse economic consequences. The hypothesis was confirmed when analyzing several fundamental decisions of the Constitutional Court of the Russian Federation in the sphere of regulation of housing relations, including the position on the possibility to sell residential premises in which underage family members of the owner reside and who do not have the right of ownership, the position on property immunity with regard to the only residential premises, as well as the position on the execution major repairs by a public authority (former landlord of the residential premises). It is concluded that the most effective are those decisions of the Constitutional Court of the Russian Federation, in which this choice is made unambiguously, without any attempts to reconcile these two areas.
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