PHILOSOPHICAL AND LEGAL CONTENT OF THE CONSTITUTIONAL RIGHT TO HOUSING

Abstract

In every developed country, the legal framework for human rights is based on constitutional norms, which form the basis of national legislation. The Constitution is important and necessary for the modern state, primarily because it regulates the most important relations in society. The Constitution enshrines the basic principles and requirements, functions and foundations of the organization, form and methods of state activity. The Constitution in any state is a legal act of higher legal force, and in fact is one of the characteristics of statehood, the legal foundation of state and public life, the main source of the national legal system. The Constitution at the highest level regulates social relations connected to the organization of power, rights and freedoms, responsibilities of man and citizen, forms of governance and political system. The existence of the Constitution can be seen as a mandatory characteristic of the lawful state, which is based on the rule of law, opposition of arbitrariness of the authorities and powerlessness of subordinates. The right to housing is a natural right of every person and, therefore, should be one of the key directions of constitutional rights. The level of natural rights in each developed country depends on the organization and presentation in positive law as derived from the natural essence of the values professed by the society. In fact, the state of Ukraine remains at the initial stage of forming instruments to protect the natural rights of citizens. The constitutional norms of the right to housing, defined in the Basic Law, should form the basis of sectoral legislation on housing policy and determine the philosophical direction of legal regulation. However, in the years since the adoption of the Constitution, our country has not yet been able to implement and form a legal framework for housing policy that would correspond to the spirit and content of the Constitution. The article analyzes the historical aspects of the legal formation of constitutional rights to housing in modern Ukraine, conducts a comparative analysis of constitutional norms that operated in different periods, analyzes the basic norms of housing rights in the constitutions of other countries. The scientific opinion of a number of lawyers and scholars on the philosophical perception and the real importance of the norms of the constitution through the prism of ensuring the right to housing is highlighted. The definition of the philosophical and legal paradigm of the right to housing in the system of general human rights, which is declared by the Constitution, is proposed.