Housing Rights Protection in the Context of Legislation and Judicial Practice of Ukraine

Abstract

The article is focused on the problem of housing rights protection. The relevance of the research topic is due to the lack of a single doctrinal approach to the category of housing rights protection and the accumulation of case law in the field of housing disputes. The main categories of the research are such legal concepts as protection of rights, protection of civil rights, protection of housing rights. Protection of housing rights has been defined as a broad category that includes mechanisms of guaranteeing the right to housing and direct protection in case of the violation of housing rights. It has been emphasized that there is an equation of protection and security of housing rights in international and national legislation. It is due to the inclusion of housing support into a complex system of person’s social guaranteeing. It has been emphasized that housing rights protection performs a protective, security, preventive function. Its use is necessary for the recognition, restoration of the rights of orphans, servicemen, internally displaced persons, victims of domestic violence, homeless people, former family members, etc. It has been concluded that the protection of housing rights includes: meeting the housing needs of persons who cannot meet it on their own due to financial situation, illness, unemployment; acquisition of the right to social housing (homeless, internally displaced persons, orphans); creating conditions to prevent homelessness; commitments to overcome housing accidents; protection against forced eviction; ensuring stable and safe use of housing; measures to combat domestic violence in case of deprivation of housing as a form of economic violence in the family; restoration, recognition of housing rights and reimbursement in case of their violation. The authors have analyzed and concluded that housing disputes include disputes regarding: privatization of housing, forced eviction; acquisition of the right to housing; security of housing stock; termination of the housing lease agreement; termination of easement for residence; provision of housing and communal services.