Legal Problems of Eviction of Citizens from Residential Premises under a Social Employment Contract

Abstract

The author considers the problems of legal regulation of public relations in the field of eviction of citizens under a social contract of employment and the discrepancy between law enforcement and judicial practices justifies the need for improving legislation in general. The purpose of the study is to identify legal problems in the modern legal system that regulates the eviction of citizens from residential premises under a social contract of employment. This goal predetermined the following tasks: it is necessary to consider the legal nature of the eviction of citizens from residential premises under a social contract of employment in modern housing law; to analyze the current legislation of the Russian Federation in the field of eviction of citizens from residential premises under a social contract of employment, including the grounds and procedure for such eviction; study the jurisprudence on the topic under consideration. Methods. The methodological basis of the research is the methods of cognition of legal phenomena and processes. Depending on the tasks to be solved, in this study, such methods of cognition of the subject as formal legal, comparative legal, and system analysis have been used. Conclusions. As a result of the study, the author identified problems in terms of providing another comfortable living quarters within the boundaries of the settlement where the living quarters were previously located, this problem is evidenced by the existing and ambiguous practice of the courts; problematic is the issue of the equivalence of residential premises provided under a social tenancy agreement: questions remain open about the number of rooms in the new residential premises, the equivalence of the total area of the previously occupied residential premises, the increase in the area of the new comfortable residential premises compared to the previous one. The author sees it logical to introduce a number of changes to the existing norm contained in Article 89 of the Housing Code of the Russian Federation (hereinafter referred to as the HC RF), which would lead to a correct interpretation of the norms of housing legislation by the courts.