Sevryukova І. F. Problems of correlation of subjective right to housing and legal relation to housing: civil legal aspect
Thе аrticle is devoted to the study of specific problems concerning the definition of the characteristics of the legal nature’s right to housing, isolation and study of elements of the right of private law, establish criteria for dividing legal relations to housing, their elements, the problems of correlation of right to housing and legal relation to housing to determine the subject of civil law regulation and the corresponding improvement of civil legislation.
The nature of the subjective legal right to housing, the types of relationships with respect to housing and the criteria for their division, the issues of improving the civil legislation regarding regulation of the social relations on the property are considered.
Today there is a problem of imperfect legal regulation of relations on the housing that creates inconsistencies in regulation citizens’ rights to housing, which resulted in significant violations of these rights.
The human right to housing, including the right to inviolability of the home, had been predicted in Roman law. Thus, Roman law allowed a certain basis for the development of the human right to housing, particularly in the context of his immunity. Heterogeneous by the nature, the right to housing contains elements not only property rights, but also personal nonproperty rights.
An important area of private life of citizens is the right to housing which is reflected in the various public relations, phenomena, events, etc., guaranteed and protected by law.
Public relations on housing and subjective rights within their content can be directed to different purposes so subject to the rules regulating various areas of law.
The right to housing are wider than directly housing relations regulated by civil and housing legislation.
Housing relations, which include property relations and organizational relations are governed by the rules of constitutional law, civil law and housing law, and the latter contains the rules of administrative law, civil law. The right to housing includes property and personal nonproperty rights, which are protected by the rules of constitutional law, civil, criminal, land, financial law.
We can conclude that housing relations are property relations and organizational relations are governed by the rules of constitutional law, civil law and housing law, and the latter contains the rules of administrative law, civil law. The right to housing includes property and personal non-property rights, which are protected by the rules of constitutional law, civil, criminal, financial, land law, namely private and public law.
However, we cannot agree that the category “housing” can be used as an object of civil rights and, in particular, property rights and proprietary rights because this type of object of civil rights is not provided in the list of objects in the civil legislation of Ukraine
With the aim of improving the regulation of civil relations regarding housing, differentiation, and organization of the content of a subjective right to housing should clearly define the notion of the object of this law in the civil legislation of Ukraine.
Key words: housing, right to housing, housing relations, housing legal relations. inviolability of the housing, subjective right to housing, civil relations.