ADMINISTRATIVE AND LEGAL ENSURING THE RIGHT TO HOUSING IN UKRAINE BY CITIZENS

Abstract

The article examines issues related to the administrative and legal support for the regulation of relations in the housing sphere and the conditions for the realization of the right to housing by citizens of Ukraine. Special attention is paid to the analysis of the provisions enshrined in the Constitution of Ukraine (Article 47) regarding the right of every citizen to housing, as well as the role of the state in realizing this right by creating conditions for building housing, for purchasing housing as ownership, for using housing in the form of rent [1]. It is noted that the grounds for administrative responsibility for violations of: development and approval of state standards, norms and rules in the housing sector have been expanded; carrying out state examination of projects, specific residential objects; licensing of special types of work during construction and repair of residential premises; when registering legal entities and individual entrepreneurs as owners (users) of residential and non-residential premises; when granting permits for the construction, repair and maintenance of objects in the residential sector. At the same time, it is noted that the opinion of T. V. Shapovalova is relevant in terms of content, which, analyzing the well-being of the population, among the indicators of qualitative assessment of the standard of living and its well-being, singles out its living conditions, the presence of which is one of the human needs and indicates the standard of living of a person [2 , p. 52−53]. An analysis of compliance with the principles and implementation of the tasks enshrined in the Housing Code of Ukraine, the Code of Ukraine on Administrative Offenses, the Law of Ukraine «On the State-wide Program for Reforming Housing and Communal Services for 2009−2014», the Law of Ukraine «On Housing and Communal Services» and other normative-legal acts designed to regulate relations in the housing sector. The principles are characterized as the main fundamental provisions that are the foundation of each separate field of law, and at the same time establish the rights of citizens in the housing sphere and the state's duty to ensure citizens’ realization of the right to housing. The principle provision is that the state guarantees the conditions for: the opportunity for citizens to realize the right to housing through their own construction or purchase of housing on the basis of general or preferential lending, as well as the use of housing on lease terms. The state’s obligation to provide social protection to citizens in terms of safe use of housing was noted. It has been proven that the principle of inviolability of housing provides evidence of ensuring the safety of citizens, both in peacetime and wartime conditions. It was concluded that the issue of administrative and legal provision of citizens’ realization of the right to housing has political, economic, legal and social content. The conducted analysis testifies to the existence of outdated Soviet-era interpretations of relations in the housing and communal sphere and their inconsistency during citizens’ realization of the right to housing.