About the Classification of Housing Legal Relationship to Regulatory and Protective

Abstract

Statement of the problem. The question of the classification of housing legal relations into regulatory and protective ones is not debatable. But not because there is a consensus on this issue in the doctrine, but because until now it has not become the subject of special research. In some works, one can find a brief mention of the division of housing legal relations into regulatory and protective, but it is difficult to find a detailed presentation of the author’s position on this issue. Against the background of the active development of the classification of civil legal relations into regulatory and protective inattention to this issue in the science of housing law looks like a serious omission over the past decades. Goals and objectives of the study. The article discusses the main provisions justifying the classification under consideration, examines the attitude towards it in the literature of a housing legal nature. Research methods: the article uses a logical method, and above all such techniques as analysis and synthesis, functional and comparative legal methods. Results, brief conclusions: ignoring the classification in question leads to contradictions in the doctrine of housing legal relations, to the ingraining of unreliable ideas about the ratio of the categories included in this doctrine. It seems important to carry out further research of housing legal relations on the basis of a consistent classification of housing legal relations into regulatory housing legal relations and protective housing legal relations.