Some problems of legal regulation of grounds for termination of residential easements in Ukraine

Abstract

The issues of regulation of residential easements in Ukraine are still regulated, in addition to the Civil Code of Ukraine, also by the Housing Code of Ukraine, which was adopted back in 1983. As a result, this leads to unequal law enforcement, which cannot be considered an acceptable phenomenon. Therefore, the problems of researching the termination of residential easements in Ukraine are still relevant.
 The conclusion that the issues of termination of residential easements, in particular, of former family members of the owner, should be properly regulated, has been supported in the article. Appeals in judicial practice to the provisions of the Housing Code of Ukraine do not appear to be entirely justified. In particular, this code was adopted on June 20, 1983 and, despite numerous changes and additions (in particular, the name Housing Code of Ukraine as amended by Law of Ukraine No. 2215 dated April 21, 2022), has remained a morally outdated legislative act.
 Regulation of the procedure and grounds for terminating the right to use housing of former family members of the owner should be based on the principles established in the Civil Code of Ukraine, in particular, based on the content of the part 2 of the article 405 of the Civil Code of Ukraine (a family member of the home owner loses the right to use this home in the absence of a family member without valid reasons for more than one year, unless otherwise established by an agreement between him and the home owner or by law) and the item 4 of the part 1 of the article 406 of the Civil Code of Ukraine (the easement is terminated in the event of the termination of the circumstance that has been the basis for the establishment of the easement).
 The Constitution of Ukraine has declared the right of everyone to housing, which can be realized, in particular, by acquiring this object of civil relations into ownership or use on the basis of paid or unpaid transactions or on other grounds determined by the legislation of Ukraine. At the same time, the legal regulation of the grounds for terminating residential easements in Ukraine should ensure the priority of the inviolability of property rights and the principles of its implementation.