THE POSITIVE OBLIGATIONS OF THE STATE TO PROMOTE THE REALIZATION OF THE RIGHT TO HOUSING IN THE CONDITIONS OF FULL-SCALE WAR IN UKRAINE

Abstract

The right to housing is a person’s constitutional right, a component of the right to a proper (sufficient) standard of living; the responsibility for creating the conditions for its implementation rests with the state. The state has a positive obligation to a person to create appropriate conditions for exercising and protecting the right to housing. In the need for a full-scale war, these obligations of the state transformed. The state, adhering to the principles of private law, cannot interfere in civil (personal) relations except for exceptions established by law. In this connection, there is a need to create new and improve existing legal mechanisms to promote realizing the right to housing. Forms of assistance in realizing the right to housing should include: 1) provision of preferential mortgage loans by state financial institutions at the expense of grant funds; 2) provision of preferential mortgage loans at the expense of budget funds; 3) formation of a housing fund for temporary residence of internally displaced persons; 4) compensation of costs for temporary accommodation of internally displaced persons; 5) compensation on the current account or financing of construction or acquisition of new real estate in case of destruction or damage of individual real estate objects.