Inshakova A.O., Kovaleva O.A. Housing Legislation of the Russian Federation and the Subjects of the Russian Federation: Compatibility and Limits of Competence
Agnessa Olegovna Inshakova
Doctor of Juridical Sciences, Professor,
Head of Department of Civil and International Private Law,
Volgograd State University, Base Department of Southern Scientific Center
of the Russian Academy of Sciences (SSC RAS)
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,
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation
Olga Aleksandrovna Kovaleva
Candidate of Juridical Sciences,
Associate Professor, Department of Civil Law and Process,
Orenburg State University
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Prosp. Pobedy, 13, 460018 Orenburg, Russian Federation
Abstract. Housing legislation is considered in the article as totality or system of mandatory regulations, which establish, modify or cancel housing law. We study the structure of the housing legislation, which includes federal housing laws and other laws adopted in accordance with their legal acts, as well as laws and other legal acts of the Russian Federation.
The authors compare the concepts of “housing law” and “housing legislation”. The conclusion is that the housing law, which includes the norms of the housing legislation and other acts containing housing norms in is more substantial in content. This conclusion allows us to formulate a recommendation on the adjustment of the existing provisions of the Housing Code of the Russian Federation.
It is proved that the effect of the housing legislation is applicable to diverse social relations, which are subject to a variety of methods of legal regulation, although these relationships are subject to a collective notion of “housing relations”.
The authors reveal the underlying trend of a steady intensification of work on the formation of the regional housing legislation in the majority of subjects of the Russian Federation and local self-government bodies in the field of housing relations. It raises issues of cancellation received sub-federal acts in connection with the violation of state authorities and local selflimits of its powers and the adoption of acts on issues that are not relevant to their competence.
For example, the specific provisions of the current housing law studied the relation of the Civil Code and Housing Code. The article singles out the main directions and measures to improve housing rights, requiring speedy implementation at the legislative level.
Key words: housing legislation, housing law, federal housing laws, housing and legal acts of the Russian Federation subjects, housing and legal acts of local governments, Housing Code of the Russian Federation, Civil Code of the Russian Federation.
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