DEFINITION AND CONTENT OF THE CONSTITUTIONAL RIGHT TO HOUSING

Abstract

The article is devoted to the study of the constitutional right to housing and the analysis of the specific content of this subjective right. Social rights and freedoms are one of the foundations of a democratic, legal and, especially, social state (Articles 1, 7 of the Constitution of the Russian Federation). One of the most important social rights is the right to housing. The need for housing is one of the primary human needs. Today, housing performs the functions of a place of rest, home life, study, work, communication, consumption of material and spiritual benefits, providing comfortable conditions for a healthy existence and protection from cold, heat, other conditions, and the like. It is not surprising that the right to housing is considered by the international community as one of the elements of the right to a decent standard of living (Article 25 of the Universal Declaration of Human Rights, Article 11 of the International Covenant on Economic, Social and Cultural Rights). At the same time, in the Russian constitutional law, the right to housing is positioned as an independent constitutional right. After analyzing the normative prescriptions of the Constitution of the Russian Federation, it becomes clear that the right of citizens to housing should be attributed to socio-economic rights and freedoms. The right of citizens to housing corresponds with such constitutional rights and freedoms as: the right to inviolability of the home, the right to private property, the right to free choice of place of stay and residence, and the right to personal dignity. In modern scientific doctrine, the right to housing is a constitutionally guaranteed opportunity for a citizen to satisfy the need for housing in one of the ways determined by law.