Samoylenko G., Kosyrev D. Protection of housing rights of Ukrainian citizens in conditions of armed aggression of the Russian Federation against Ukraine

DOI: https://doi.org/10.33098/2078-6670.2024.17.29.204-214

Purpose: the purpose of the article is to determine and justify the choice of the optimal model of civil-legal protection of housing rights in the event of their violation, which is caused or is a direct consequence of the armed aggression of the Russian Federation against Ukraine. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The work uses general scientific and special methods of scientific knowledge: dialectics, induction and deduction, system-structural analysis, functional, comparative-legal, prognostic. Results: it is proposed to divide the protection of housing rights according to the criterion of the nature of violations, since the choice of protection methods is directly determined by the nature of the violation and the ability of a certain protection method to satisfy the purpose of protection, in particular: caused by the armed aggression of the Russian Federation against Ukraine or caused by other reasons; according to the criterion of territoriality: in the territory under the control of Ukraine, the territory of the direct conduct of hostilities or in the temporarily occupied territories; by subject: individuals, legal entities, the state of Ukraine in the form of state authorities or the Russian Federation, its bodies, including the armed forces of the Russian Federation. It was determined that violations of housing rights in property and contractual relations are subject to protection by traditional and typical protection methods for such violations, except for cases complicated by the armed aggression of the Russian Federation against Ukraine. Scientific novelty: it is proposed to legislate the presumption of guilt of the Russian Federation for the violation of housing rights of individuals caused by the armed aggression of the Russian Federation against Ukraine. It is well-founded to assign responsibility to the Russian Federation for damage caused to the housing of Ukrainian citizens in the territory controlled by Ukraine, caused by the actions of the armed forces of the Russian Federation (damage or destruction of housing), and in the zone of hostilities and temporarily occupied territory – to the Russian Federation for any violations of housing the rights of individuals, regardless of the subject of the direct violator (individuals, legal entities, servicemen or civil servants of the Russian Federation) since: most of the violations are either caused by actions carried out by the Russian Federation in the temporarily occupied territories, or are directly committed by it; jurisdictional protection of violated rights in such territories by state authorities is limited by the actions of the Russian Federation. It is substantiated that compensation by Ukraine for the damage caused to the housing of Ukrainian citizens, which is a consequence of the armed aggression of the Russian Federation against Ukraine, gives Ukraine the right to apply for recovery in a retroactive manner against the Russian Federation as a person who compensated for the damage caused by another person (Article 1191 of the Civil Code of Ukraine). Practical significance. The results of the study can be used in law-making and law-enforcement activities to solve problematic issues of protection of housing rights in the conditions of armed aggression of the Russian Federation against Ukraine.

Key words: housing rights, housing, damage to housing, destruction of housing, compensation for damage, protection of housing rights, armed aggression, martial law, temporarily occupied territory.   

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