Principles of modern housing law in the conditions of private law codification

Abstract

The article is devoted to the definition of the system of principles of housing law in the conditions of renewal of civil and housing legislation. The closeness of the scientific definitions of «grounds of housing law» and «grounds of private law» is emphasized. Emphasis is placed on the debatable issue of the system and classification of the relationship between the principles of housing law with the principles of civil law. In contrast to the principles of civil law, principles of housing law are aimed at: 1) meeting the housing needs of an individual only; 2) making a profit. A long-term problem that needs to be normalized is the reconstruction of housing, as well as the provision of housing needs of certain social strata of the population on the basis of constitutional guarantees of the protection of the rights of all subjects of the right of ownership and economic entities, as well as the social orientation of the economy. The regulation of housing relations is carried out using dispositive and imperative methods, and not in its pure form, but in their combination or taking into account the influence of the principles of social security. It is proposed the authors’ system of principles of housing law: ensuring the safety of citizens’ residence and the proper quality of housing and communal services; joint responsibility of co-owners for proper housing maintenance and management; guaranteeing ownership rights to housing, coexistence and development of housing stock of state, communal and private forms of ownership; protection of socially vulnerable sections of the population by providing them with social housing according to the standards established by the state on the terms of employment; compliance with the established standards, norms, norms of the quality of the housing stock and housing and communal services, regardless of the social, property status, age and place of residence of the person; creation and maintenance of a competitive environment in the field of housing construction, repair and maintenance; ensuring a person’s right to choose the way to manage his home.