Inshakova A.O., Kagalnitskova N.V. Housing Law in the Doctrine and National Legal and Legislative System

DOI: https://doi.org/10.15688/jvolsu5.2016.3.1

Agnessa Olegovna Inshakova
Doctor of Juridical Sciences, Professor, Head of Department of Civil and International Private Law,
Volgograd State University, Base Department of the Southern Scientific Center
of the Russian Academy of Sciences
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation

Natalya Vladimirovna Kagalnitskova
Candidate of Juridical Sciences, Associate Professor, Department of Civil and International Private Law,
Volgograd State University, Base Department of Southern Scientific Center
of the Russian Academy of Sciences
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation

Abstract. The article examines controversial issues related to the definition of the place and nature of housing rights in the general system of branches of Russian law. The authors consider the series available in the domestic doctrine concepts, exposing them to critical analysis from the perspective of the traditional criteria of the general theory of the right to self-selection of industries. The main directions of the debate about the place of housing rights in the Russian legal system are analyzed on the basis of the opinion that the housing law is a subsector of civil law. The authors justify its independent character and position, according to which the housing law has complex character as a law branch. The paper analyzes in detail the legal nature of the relations that are the subject of housing law, and who have received the rights, and the name “housing relations” in the legal literature. The authors refer to the principles of housing rights and the method of studying the features of the legal regulation of housing relations. The conclusion is that the housing law is a complex entity made up of heterogeneous in nature relationships, aimed at realization of the states social function of providing citizens with housing and the creation of a legal mechanism to ensure favorable living conditions in a residential area.

Key words: branch of law, complex branch of law, complex branch of legislation, principles of housing law, subject of housing law, private-legal method of legal relations regulation, housing relations, housing accommodations as an object of legal relations.

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