De-Sovietization of housing legislation: current challenges in martial law

Abstract

The purpose of the article is to investigate the issues of state housing policy, to establish its legal nature, to determine the characteristics and to provide suggestions aimed at updating the legislation in the housing sphere. Methodology. The dominant methodological approach in the study is a comparative legal approach, which became the basis of understanding the content of such basic legal categories as “state housing policy”, “housing fund”, “housing” and made it possible to identify their specific features and differences. To understand and analyze the content of the norms of existing legislative acts regulating the procedure of providing housing to the population, we used the normative-dogmatic method, and the method of systemstructural analysis allowed to find out the place of state housing policy in the system of state policy in general. Results. It is determined that the Constitution of Ukraine requires the state to create a private-legal basis for the implementation of housing rights, as well as public legal guarantees of protection of socially disadvantaged citizens. The state housing policy is designed to ensure the realization of the rights of an individual to housing. It has been established that inconsistent state housing policy entails the need to apply the norms of civil law, social security law, administrative law in law enforcement activities in relation to housing, rather than directly the norms of the Housing Code of Ukraine. The process of updating the housing legislation of Ukraine requires a scientific justification of the conceptual foundations for the implementation of housing policy in Ukraine, where a number of issues must be defined regarding the concept of housing, housing relationships, their essence and place in the system of legal relations, the ratio of housing legislation with the civil, the status of the participants of housing legal relations, requires determination of compliance with the current legislation of Ukraine the needs of society. Conclusions. Housing legislation needs to be updated on the basis of established international norms and standards. To do this, it is necessary to take the following measures: 1) to provide socially vulnerable segments of the population with social housing, in particular on the rights of commercial rental (rental housing); 2) create conditions for increasing the level of housing availability for these categories of the population depending on property status, place of residence, social characteristics; 3) to introduce a competitive environment in the housing market; 4) ensure state regulation in monopoly markets for utilities; 5) create financial mechanisms for the purchase of housing for certain groups of the population; 6) create an effective model of housing management. The Housing Code of Ukraine should focus on general civil law provisions, taking into account the features, in particular: obligations arising in the process of managing the housing stock, housing cooperatives, associations of co-owners of an apartment building; features of civil liability of owners and users of apartments (houses), etc. The rights and obligations of the owner of the dwelling, the rights and obligations of the persons living together with the owner in the dwelling belonging to him, in relation to housing and communal services, must be specially defined. In order to avoid contradictions in the legal regulation in the field of housing relations, it is necessary to repeal the regulations adopted before the adoption of the Constitution of Ukraine.