CIVIL REGULATION OF THE HOUSING RELATIONS AND THE PRINCIPLE OF SOCIAL EQUITY

Abstract

Introduction: the article is devoted to the problem of realization of the principle of social equity in the rules regulating housing relations. This problem is very relevant for the modern Russian society in which the housing problem is not solved. Though legal mechanisms in these relations also depend from economic but high-quality legal regulation also plays a serious role. The research objective is to check the hypothesis of existence of the principle of social equity in the Russian law, its involvement in regulation of the housing relations and insufficient realization on the example of some institutes. Methods: the research is based on a dialectic method, such logical methods as analysis, synthesis, deduction and also a system method. Analysis: there is a reasoning about existence of the principle of legal certainty in legal regulation and also the principles which are caused by essential qualities of the adjustable relations in the research. One of such principles is the principle of social equity. Its manifestation in regulation of the housing relations is analyzed. It is established that though this principle isn’t enshrined directly in the text of the law but it is implemented in court practice. In the housing law this principle is closely connected with category «the right to adequate housing». The need for the housing as a condition of physical existence of a person and the need for the housing of the quality providing the social dignity of a person are analyzed. The institute of rent of social housing along with the property can serve as the appropriate instrument of providing people with adequate housing, but isn’t deprived of essential shortcomings. Results: specific civil regulation of the housing relations does not fully consider the principle of social equity. Shortcomings of the institute of rent of social housing are revealed and also options of mitigation of these shortcomings (use of mechanisms of the tort liability and a so-called judicial penalty) are offered.