CHALLENGES IN DEFINING THE FUNDAMENTAL PRINCIPLES OF STATE HOUSING POLICY

Abstract

The article examines issues concerning the formation and application of principles and their impact on the development of the legal system. It explores the fundamental principles of state housing policy, the system of principles of housing law, their significance and application, prospective legislation based on legal principles, and the main directions of state housing policy. It is established that the application of principles in housing legislation is a multifaceted issue, extending to relations connected with residence in residential premises, relations arising from housing ownership, and cases involving the eviction of residents without the provision of alternative housing. It is noted that, amid the growing number of regulatory acts, the classification of legal principles for the purpose of their effective application has become particularly relevant. In particular, the Law of Ukraine “On the Housing Fund for Social Purposes” is based on a social system of principles in the housing sphere, which does not extend to the private-law sphere. The article identifies problems in the interaction between private law and public-law principles, which affect the exercise of housing rights by individuals. It is affirmed that the development of Ukraine’s regulatory framework should be based on the standards and principles set out in the fundamental documents of the European Union, which would make it possible to comprehensively regulate the full range of relations in the housing sphere. It is argued that the formation of modern housing legislation requires the development of a new concept, taking into account the specific features of combining private law and public law means of legal influence on housing relations. The state’s efforts to formulate a new state housing policy should be grounded in a new system of fundamental principles in the housing sphere. State housing policy should eliminate the lack of clarity in the definition of principles contained in housing legislation, double interpretations, conflicts, or the complete absence of principles capable of ensuring guarantees for the exercise of individuals’ housing rights. The article proposes a definition of the concept of a “fundamental principle” with a view to expanding the means of implementing internationally recognized housing rights.