Inshakova A.O., Kagalnitskova N.V. Ensuring the Housing Rights of Vulnerable Children is an Integral Component of Realizing the Social Functions of the State
DOI: https://doi.org/10.15688/lc.jvolsu.2017.1.5
Agnessa O. Inshakova
Doctor of Juridical Sciences, Professor, Head of the Department of Civil and International Private Law, Volgograd State University, the Base Department of the Southern Scientific Center of the Russian Academy of Sciences, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it.
Natalya V. Kagalnitskova
Candidate of Juridical Sciences, Assistant Professor, the Department of Civil and International Private Law, Volgograd State University, the Base Department of the Southern Scientific Center of the Russian Academy of Sciences, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it.
Introduction: ensuring the housing rights of legally free children is the most important element that makes up the complex of actions required for the proper exercising by the state of its social functions. Taking into consideration this thesis and proving it, the authors have set the goal: to analyze the effectiveness of the legal mechanisms and remedies established by the federal and regional legislation. Methods: the methodological basis for this study is a set of scientific methods, among which the methods of systemacity, analysis, and the comparative and legal method are of particular importance. Results: proved in the work the author’s position is based on the federal legislation and legislation of the Volgograd region. There has been conducted a thorough analysis of the problems and shortcomings of the legal regulation of one of the most important social spheres of life of a sound society – the provision of housing for legally free children. The authors have argued in favor of the need to consolidate at the federal level, the provisions on determining the residence of legally free children, with the purpose of keeping a file on them. There have been considered the existing legal methods and means aimed at solving the problems connected with the necessity to support the legally free children who are in need of improved housing, and also granting a subsidy to such children for acquiring the necessary set of furniture and payment for utility services, etc. Finding the legal deficiencies and ill-conceived statutory regulations in the field of research aims at the specific proposals generation and recommendations that contribute to better socialization of legally free children by solving their housing problems. Conclusions: as a result of the study there has been conducted the analysis of the statutory procedure for providing improved housing for legally free children, including in the Volgograd region. There have been proposed the ways of overcoming the identified legal deficiencies. There has been proved the necessity of improving the specific provisions of the legislation in the field of protection of the rights of legally free children in terms of the need for realizing the social obligation of the state to provide support to the family, motherhood, fatherhood and childhood enshrined in Article 7 of the Constitution.
Keywords: legally free children, guardianship authorities, suitable dwelling, specialized housing, termination of tenancy agreement in specialized housing, subsidy, residence of minors.
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