Housing Rights And Their Implementation In Researched Understanding Of Abuse Of The Right


  • N.S. Martsenko


housing rights; realization of housing rights, housing rights abuse.


The problem of abuse of the subjective right to housing represented extremely difficult due to the fact that the concept of abuse of the right in most cases a evaluative. Difficulty understanding of housing rights abuse is even greater given the lack of legal understanding abuse of the law.

It is linked to the necessity of solving justified at a conceptual level understanding of abuse subjective housing rights.

To investigate the question of abuse housing rights should analyze categories such as «housing rights» and «the implementation of housing rights,» which objectively preceded abuse housing rights.

Under the understanding of subjective housing rights offer legally established as the possible conduct of the authorized person which is caused by reason of tenure 85 housing features of the legal regime and legal status of the authorized person and manifests itself in legal possibilities of possession, use and disposal of housing rights to meet the interests and needs.

The transformation of the legal possibilities provided for subjective housing right, in reality, a possible in the exercise of these rights. The study of implementation subjective housing rights of a person based on developments of on the implementation general subjective civil rights. If the same person as a result of exercise subjective housing right causes harm to the rights and interests of others, such actions should be regarded as abuse.

The abuse subjective housing right is a dishonest way of their implementation, not only as the right way unforeseen by law and is in violation of generally accepted determined by the law or transaction the rules of fair behavior that apply to the respective houses rights within which there has been a unfair realize the housing rights.

Abuse of housing rights, which should be considered as the implementation person of its housing right in the form of action or inaction of an exceptional intent to harm the rights and interests of other participants housing relations or other dishonest intentions, causing causes harm or creates a real threat of harm to human and the interests of participants in such relations.