Some issues of legal regulation of the termination of the right to use housing

Abstract

The article has been devoted to the consideration of problematic aspects of the legal regulation of the termination of the right to use housing. It has been found that the legal regulation of the termination of the right to use housing is carried out by the norms of housing and civil law. Special attention has been drawn to the fact that the Housing Code of Ukraine, despite the legislative changes made to it, does not correspond in content to modern social realities in the conditions of harmonization of the legislation of Ukraine with the law of the European Union. Despite this, it is still used in law enforcement, which often gives rise to numerous collisions and problematic situations.
 It has been established that the precedent practice of the Supreme Court, as the highest court in the judicial system of Ukraine, one of the tasks of which, according to the Law of Ukraine "On the Judicial System and the Status of Judges", is to ensure the stability and unity of judicial practice, as well as the uniform application of legal norms by courts of various specializations in the order and manner determined by the procedural law, in the researched sphere of relations is quite diverse.
 The necessity of completely updating the housing legislation of Ukraine and bringing it to modern realities has been proved. It has been established that until this issue is unambiguously and clearly settled by the domestic legislator, in eviction cases, everything will depend on the specific factual circumstances, taking into account the person in respect of whom the issue of termination of the right to use residential premises is being decided. Also the attention has been drawn to the fact that the Civil Code of Ukraine is a codified act of legislation adopted later in time, therefore in modern realities the temporal conflict should be resolved precisely in favor of the norms of the Civil Code of Ukraine.
 Taking into account the legally guaranteed principle of inviolability of property rights, the property owner has the right to demand the removal of obstacles in exercising the right to use and dispose of his property. Therefore, in the opinion of the authors, it is precisely based on such principles that the issue of terminating the right to use housing that is in private ownership should be regulated.