Legal principles are understood as the basic, initial principles, provisions, ideas that express the essence of law as a specific social regulator of social relations. They express the laws of law, its nature and social purpose, they are the most general rules of conduct that are either directly formulated in the law or are derived from its meaning. The principles of law permeate all branches of law, however, in each branch, sub-sector or legal institution, their action manifests itself in different ways.

In housing law, there is a manifestation of the operation of the principles of several branches of law. For example, in the field of housing relations for the use of residential premises on the basis of a lease agreement, regulation is carried out according to the principles inherent in civil law, and, accordingly, the civil law method of regulation is manifested.

1. Principle of non-arbitrary deprivation of dwelling - this is the most important principle of housing law, is of great importance for the realization of stability, a sustainable right to use housing. It can be seen as one of the important manifestations of the more general principle of non-arbitrary interference in private affairs. This principle is based on Part 1 of Art. 40 of the Constitution of the Russian Federation.

2. The principle of accessibility for citizens of the conditions for hiring residential premises. The content of this principle is expressed in the fact that a citizen can exercise his right to housing in various ways: on the basis of a social contract of employment, joining a housing or housing cooperative, or by entering into various civil legal relations for the acquisition of housing, etc. This principle is implemented, first of all, as a result of the wide scope of housing construction, which allows most of the new residential premises to be rented or for other reasons free of charge or for an affordable fee to low-income citizens, military personnel, public sector employees and other categories of citizens specified in the law who need housing.

3. The principle of inviolability of the home (Article 25 of the Constitution of the Russian Federation, Part 1, Article 3 of the RF LC) predetermines the guarantees for the protection of the right of citizens to housing and is aimed at ensuring the stable exercise by the owner (tenant, tenant) of the residential premises of the right to use it without violating or infringing on this right. The Constitution of the Russian Federation clearly defines that no one has the right to enter a dwelling against the will of the persons living in it, except in cases established by federal law, or on the basis of a court decision. The prohibition of entering a dwelling means not only entering it against the will of the citizens living in it, but other forms of obtaining information about what is happening in the dwelling, and illegal entry against the will of the citizens living in the dwelling is a crime (Article 139 of the Criminal Code of the Russian Federation).

4. The principle of a general democratic, humanistic attitude towards citizens - tenants and owners of residential premises is of paramount importance for the regulation of housing relations in Russia.

5. The principle of civilized use of residential premises. The manifestation of this principle, especially in recent years, can be clearly illustrated by the following examples:

The law contains a provision on providing citizens in need of better housing conditions, as a rule, with a separate apartment for a family;

Instead of the previously valid rule on the forced withdrawal of excess living space from the tenant and its transfer to another tenant, a new rule has been established - the tenant himself can raise the issue of replacing the living space he occupies with a smaller dwelling;

Numerous restrictions previously in force during the construction and acquisition of residential buildings by citizens have been cancelled.

From now on, private ownership of real estate in the housing sector, including the housing stock, or part of it, is not limited in quantity, size and value and is provided with the right of inviolability (Article 6 of the Law on the Fundamentals of Housing Policy), etc. The implementation of this principle can be considered as a manifestation of the practice of constitutional rights and freedoms of man and citizen, the social policy of the Russian state, aimed at creating conditions that ensure a decent life and free development of a person.

6. The principle of inviolability of property is essential for housing and legal regulation in Russia, follows from the provisions of Art. 35 of the Constitution of the Russian Federation that “no one can be deprived of his property except by a court decision. The expropriation of property for state needs may be carried out only on the condition of prior and equivalent compensation.”

In accordance with this principle, citizens-owners of residential premises are provided by legislation with the possibility of stable exercise of the right to own, use and dispose of their residential premises in accordance with their purpose (), and family members of the owners - the opportunity to use these premises on the conditions provided for by housing legislation () . The operation of this principle, to a certain extent, also affects housing relations for the use of residential premises on the basis of a social tenancy agreement, which is of an unlimited nature and provides for the possibility of using housing not only by tenants, but also by their children, grandchildren, etc.

7. Principle inadmissibility of restriction (or deprivation) of the right to use residential premises for such actions of the tenant or members of his family that do not involve abuse of their housing rights or failure to fulfill their housing obligations and do not directly violate the rights and legitimate interests of other persons.

Restrictions on the right to use residential premises may entail such actions by the tenant or members of his family that are associated with the abuse of their rights or the fulfillment of their duties and directly violate the rights and legitimate interests of other persons.

Legal principles (principles of law) are understood as the basic principles, the most important provisions of the legal regulation of social relations. The principles of law permeate all branches of law. However, their action in each industry, sub-sector or legal institution manifests itself in different ways, taking into account the features inherent in the specifics of the relevant social relations. Different opinions have been expressed in the legal literature on the question of what legal principles housing law is based on.

Thus, I. B. Martkovich includes among the principles of housing law the principles of combining personal interests with public interests, the imperative prescriptions of housing laws, the equality of citizens, "normalization of the distribution of apartments" and control over their use, stability and all-round protection of housing rights of citizens, the inextricable connection of housing rights and obligations*. According to other authors, the principles of civil law are inherent in housing law as well, with the manifestation of certain features in accordance with the specifics of the subject. In this case, the following principles of housing law are called: legality; stability of housing rights; consumer character of housing rights of citizens; non-transferability of housing rights in state and departmental houses; combination of rights and obligations, including the equality of not only rights, but also obligations arising from the contract**.

• * Cm.; Martkovich I. B. The right to housing and its provision Textbook for a special course. M., 1983. S. 29–30.
• ** Cm.: Komarov V.D. Housing law. M., 1980. S. 6–8.

In housing law, there is a manifestation of the operation of the principles of several branches of law.

So, in the sphere of housing relations, the use of residential premises on the basis of a lease agreement, regulation is carried out on the basis of the principles inherent in civil law, these relations are characterized by a civil law method of regulation.

Relations that are associated with the provision of residential premises in social houses, management, operation and repair of the housing stock are regulated mainly through the administrative-legal method, which leaves a certain imprint on the regulation of housing relations for the use of residential premises. So, if the most important principle of civil law is the disposability of most of the norms, the application of which entirely depends on the discretion of the participants in civil circulation, then in the field of housing law, especially in the part that regulates housing relations for social rent, as correctly noted by I.B. Martkovich, many norms are imperative, their content is directly provided for by housing laws; these norms leave little room for the discretion of the participants in housing legal relations, they directly determine the grounds for recognizing a person as in need of housing, the procedure for its provision, etc. 35), for the conclusion of which it is only necessary to reach an agreement between the parties on the essential terms of the lease agreement, the use of diapositive norms, the principle of freedom of the lease agreement, which provides for the freedom of discretion of the participants in housing relations in choosing partners and establishing a contract, has significantly expanded in housing law.

Without denying the importance of the above-mentioned housing legal principles, it is necessary, however, to note their incompleteness, as well as the absence among them of principles that permeate all housing legislation, having a decisive influence on the regulation and protection of housing relations and on the application of housing legislation.

The most important principle of housing law is the principle inadmissibility of arbitrary deprivation of housing. This constitutional principle is essential for the implementation stable, sustainable rights to the use of housing. It received legislative development in the Housing Code of the RSFSR and other housing laws. This idea was also reinforced in Art. 10, 89 and 90 of the Housing Code of the RSFSR, which provide for the impossibility of terminating the contract of employment in the houses of state and public housing funds at the request of the landlord and eviction from residential premises except on the grounds established by law, and only in court.

The principle of the inadmissibility of arbitrary deprivation of one's home can be seen as one of the important manifestations of the more general principle of the inadmissibility of arbitrary interference in private affairs.

Principle accessibility for citizens of conditions for hiring residential premises.

This principle is being implemented in various aspects, and above all through the wide scope of housing construction, which allows most of the new residential premises to be rented out either free of charge or for an affordable fee to low-income citizens, military personnel, public sector employees and other categories of citizens specified in the law, in need of housing. Part of the new housing is being built or purchased by citizens at their own expense with credit and other financial support (including through the compensation system) of the state, as well as by obtaining tax benefits. Only about one third of residential premises, the most expensive and prestigious housing, is auctioned at commercial prices*.

* See: Own house, own apartment. Federal Laws, Normative Documents, Comments// Library of "Rossiyskaya Gazeta." Issue. 12. M., 1996. S. 10–11.

For housing law and its protection, the principle of inviolability of the home(Article 25 of the Constitution of the Russian Federation). This principle predetermines guarantees for the protection of the right of citizens to housing, is aimed at ensuring the stable exercise by the owner (tenant, tenant) of the residential premises of the right to use it without violating or infringing on this right. Of fundamental importance is the fact that directly in the Constitution of the Russian Federation (Article 25) it is clearly defined that no one has the right to enter a dwelling against the will of the persons living in them, except in cases established by federal law, or on the basis of a court decision. It is very important to note that the prohibition of entering a dwelling means not only entering it against the will of the citizens living in it, but also other forms of obtaining information about what is happening in the dwelling *, and illegal entry against the will of the citizens living in the dwelling is a crime ( article 139 of the Criminal Code of the Russian Federation).

* See: Constitution of the Russian Federation. Comments. S. 162.

The current legislation contains a number of rules providing for cases of lawful entry into a dwelling by various officials. Most of these cases were established before the adoption of the Constitution of the Russian Federation in 1993 and do not fully comply with its norms.

Therefore, there is a need for a special federal law (as required by Article 25 of the Constitution of the Russian Federation) to more clearly establish the range of cases, grounds and procedure for entry into a dwelling, while defining cases when entry into a dwelling is possible on the basis of a court decision.

Of paramount importance for the regulation of housing relations in the Russian Federation are the principle of a general democratic, humanistic attitude towards citizens - tenants and owners of residential premises, as well as the principle of civilized use of residential premises. The manifestation of these principles, especially in recent years, is clearly seen in the following examples: the law contains a provision on providing citizens in need of better housing conditions, as a rule, with a separate apartment for a family; instead of the previously existing rule on the forced withdrawal of excess living space from the tenant and its transfer to another tenant, a new rule has been established - the right of the tenant to raise the issue of replacing the living space he occupies with a smaller dwelling; Numerous restrictions previously in force in the construction and acquisition of residential buildings by citizens were cancelled. Now. private ownership of real estate in the housing sector, including the housing stock or part of it, is not limited in quantity, size and value and is secured by the right of inviolability (Article 6 of the Law on the Fundamentals of Housing Policy), etc.

The implementation of these principles can be viewed as a manifestation in practice of the constitutional rights and freedoms of man and citizen, the social policy of the Russian state, aimed at creating conditions that ensure a decent life and free development of a person.

The principle of inviolability of property arising from Art. 35 of the Constitution of the Russian Federation that "no one can be deprived of his property except by a court decision. The expropriation of property for state needs can be carried out only on condition of preliminary and equivalent compensation." In accordance with this principle, citizens - owners of residential premises are provided by legislation with the possibility of stable exercise of the right to own, use and dispose of their residential premises in accordance with their purpose (see Article 288 of the Civil Code of the Russian Federation), and family members of owners - the opportunity to use these premises for conditions provided for by housing legislation (Article 292 of the Civil Code of the Russian Federation).

The operation of this principle to a certain extent also affects housing relations for the use of residential premises on the basis of a social tenancy agreement, which is of an unlimited nature and provides for the possibility of using housing not only by tenants, but also by their children, grandchildren, etc. The right of these users to residential premises is, in essence, the nature of a property right * and is close in content to the right of ownership.

* On the real right of the tenant to the occupied premises, see, for example: Civil law. T. 1 / Rep. ed. Sukhanov E. A. 1993, p. 297; Fundamentals of housing legislation. Sverdlovsk, 1981. S. 22.

Of great importance is the principle of inadmissibility of restriction (or deprivation) of the right to use residential premises for such actions of the tenant or members of his family that do not involve abuse of their housing rights or failure to fulfill their housing obligations and do not directly violate the rights and legitimate interests other persons.

This principle of housing law is actually formulated in the decision of the Constitutional Court of the Russian Federation of June 23, 1995 in the case of checking the constitutionality of Part 1 and Clause 9, Part 2 of Art. 60 ZhK RSFSR.

The Constitutional Court of the Russian Federation recognized as unconstitutional the provisions of part 1 and paragraph 9 of part 2 of Art. 60 of the Housing Code of the RSFSR, which establish restrictions on the constitutional right to housing in connection with the temporary absence of the tenant or members of his family, since the temporary non-residence of a person in a residential building. premises in itself cannot testify to the improper exercise by the tenant of his housing rights and obligations and serve as an independent basis for deprivation of the right to use the residential premises.

Restriction of the right to use residential premises may entail such actions of the tenant or members of his family that are associated with the abuse of their rights or failure to fulfill their duties and directly violate the rights and legitimate interests of other persons.

The most important constitutional right is the right of a citizen to his own housing, since the need for a roof over his head arises at the moment of birth of a person and remains with him throughout his life. In this article we will consider the concept of housing legislation, its requirements and principles.

What is housing law and housing law

Housing law is a set of legal norms governing housing relations.

Housing legislation is a system of normative legal acts, with the help of which the state establishes, changes or cancels legal norms in the field of housing.

The Russian system of housing legislation has formed various laws and regulations designed to regulate legal relations in the field of housing. Housing legislation consists of two groups of sources:

• Laws of the Russian Federation and subordinate normative legal acts of its subjects.
• Federal laws and by-laws.

Let's take a closer look at its components and internal hierarchy.

Composition and structure of housing legislation

So, legislation in this area is a joint lawmaking and management of the Russian Federation and its subjects. The structure of housing legislation is as follows:

• Housing Code of the Russian Federation of December 29, 2004;
• federal laws of the State Duma of the Russian Federation;
• presidential decrees - acts issued by him within his powers;
• resolutions of the Government of the Russian Federation - regulatory legal acts of management issued by the Government within its competence, which contain provisions regulating relations in the housing sector;
• normative legal acts of executive authorities - resolutions, orders, instructions, rules, instructions and regulations;
• laws and regulatory legal acts of the constituent entities of the Russian Federation;
• normative documents of local authorities of the Russian Federation.

Thus, the composition of housing legislation is clear.

The main code of laws of the Russian Federation guarantees all citizens the right to their own living space. However, its implementation is regulated not by the Constitution of the Russian Federation, but by the Housing Code, supplemented by norms that contain separate regulatory legal acts.

There are some features of housing legislation. For example, in the event of a conflict between the norms of the LC RF with the norms of the law or other legal act of the Russian Federation or its subject, the provisions of the LC RF must be applied.

The main principles of housing legislation

It should be noted that housing legislation is based on five components, which together constitute the principles of housing law. These are the basics of housing law. These include the following principles:

• Principles of providing by the state and local authorities a favorable environment for citizens to exercise their rights to housing and certain requirements for its security.
• Principles of inadmissibility of arbitrary deprivation of housing, as well as immunity (this principle is constitutional).
• Principles of unhindered implementation of housing law. The requirements of these principles allow citizens, in their interests and at their discretion, to exercise housing rights, including their disposal, the right to freely choose housing for living, etc. The above provisions do not exclude the possibility of introducing a requirement to restrict housing rights. Thus, the requirements to restrict the rights of citizens regarding the free choice of housing for living may be associated with the location of housing at a military facility.
• The principles of equality between participants in housing relations in the disposal of housing, unless other provisions are provided for in the LCD or the law.
• The principles of justice - the restoration of housing offenses and protection in court (protection of housing rights is a civil right and is implemented in the ways provided for in Article 12 of the Civil Code of the Russian Federation).

Housing regulations

Housing legislation is based on the provision by the state of conditions for the implementation of the relevant civil rights to housing and provides for citizens a free choice in establishing their housing rights, if they do not violate the interests of other persons. Federal legislation in the field of housing can restrict the housing rights of citizens, but only to a certain extent.

For citizens who are legally located on the territory of Russia, it is a legitimate right to freely choose housing for living in the status of owners or on other grounds established by law. Restriction of a citizen's right to free choice of housing is admissible only on the basis that contains either a code or other legislative acts.

Regulation of housing relations

Housing legislation regulates not only the norms of housing legislation, but also the norms of various branches of law, i.e. relations of different nature. The subject of some of them is civil law regulation (for example, rental of housing, ownership of residential premises, pledge of housing, etc.), but the subject of public law regulation is, for example, registration of persons who need housing, management of housing fund, etc.

Regulations of housing legislation

Describing the principles of housing law, it is worth noting that the Constitution of the Russian Federation and the Housing Code establish requirements for the limits of their implementation and the grounds for restriction (for example, according to the provisions of Article 55 of the Constitution of the Russian Federation, human rights and freedoms can be limited by federal law only to the extent necessary).

Normative acts in the field of housing relations, which are issued by state bodies of the Russian Federation and its subjects, local self-government and bodies resolving housing disputes, must comply with the principles of housing law. In essence, these requirements serve as criteria for evaluating housing legislation, as well as the practice of its application. The scope of such acts can be found below.

The effect of an act of housing legislation in time and space

The action of the act of the housing legislation of the Russian Federation covers relations in the housing sector that arose before its direct entry into force, only in situations that are directly provided for by this act. Legal acts do not have retroactive effect and are applicable to relations in this area that arose after they were put into effect.

Acts of legislation in the housing sector may be applicable to those rights and obligations that were formed before their entry into force, if such rights and obligations were formed by virtue of the provisions of an agreement signed before the entry into force of such an act.

In addition, this act should directly establish that its requirements apply to relations that have arisen from agreements concluded earlier. In addition, documents regulating housing and legal relations should not conflict with the Housing Code of the Russian Federation and federal laws.

We examined the main provisions of housing legislation, as well as the regulatory requirements of housing legislation. The sheer volume of legal paperwork is a hurdle that makes it difficult to resolve all housing-related issues. The structure and composition of housing legislation is such that in the event of housing disputes, in order to protect their rights, it is important for citizens to have serious knowledge of not only housing and procedural legislation. But not everyone has the time and desire to study laws, and only practicing lawyers can understand the legal nuances and pitfalls and keep track of current changes in the legislative framework.

The principles of housing law are the guidelines expressed in the norms of housing legislation, which determine the content and basic principles of this industry.

The principles of housing legislation are defined in Art.

1LC RF.

The problem of the principles of housing law has been studied by many scientists, but in detail, such scientists as G.A. Sverdlyk, I.B. Martkovich, P.I. Serdugin, V.D. Komarov and others. They expressed different points of view on what principles are basic (basic) for housing law. In housing law, we see the manifestation of the operation of the principles of several branches of law. For example, in the field of housing relations, the regulation of the use of residential premises on the basis of a lease agreement is carried out according to the principles inherent in civil law, and, accordingly, the civil law method of regulation is manifested. Housing law is based on the following principles:

Providing conditions for the exercise of the right to housing; - the inviolability of the home;

Inadmissibility of arbitrary deprivation of housing;

Freedom to exercise housing rights;

freedom of movement;

Availability of the use of housing stock;

Use of the premises for its intended purpose;

The need for judicial protection of housing rights of citizens.

1 The principle of ensuring conditions for exercising the right to housing According to the Constitution of the Russian Federation, housing legislation should be based on the recognition of the equality of participants in housing relations, the need for unhindered exercise of housing rights, their judicial protection, the inadmissibility of arbitrary deprivation of housing, its inviolability.

To reveal the essence of this principle, it is necessary to pay attention to the provisions of the Constitution of the Russian Federation. Article 40 of the Constitution of the Russian Federation establishes the need for state authorities and local self-government bodies to provide conditions for citizens to exercise their right to housing.

And Article 2 of the LC RF contains a list of these conditions:

State bodies and local governments:

Promote the development of the real estate market in the housing sector in order to create the necessary conditions to meet the needs of citizens in housing;

Use budgetary funds and other sources of funds not prohibited by law to improve the living conditions of citizens, including by providing subsidies in the prescribed manner for the acquisition or construction of residential premises;

In accordance with the established procedure, they provide citizens with residential premises under social tenancy agreements or contracts for the rental of residential premises of the state or municipal housing stock;

Stimulate housing construction;

Ensure the protection of the rights and legitimate interests of citizens who purchase residential premises and use them legally, consumers of public services, as well as services related to the maintenance of the housing stock;

Ensure control over the use of housing legislation, the use and preservation of the housing stock, the compliance of residential premises with established sanitary and technical rules and regulations, and other legislative requirements;

Provide control over compliance with the requirements established by law in the implementation of housing construction.

Foreword

The proposed textbook has been prepared taking into account the main provisions of the Constitution of the Russian Federation, the Housing Code of the Russian Federation, the Civil Code of the Russian Federation, the Law of the Russian Federation "On Privatization of the Housing Stock in the Russian Federation", the Federal Law "On State Registration of Rights to Real Estate and Transactions with It" and other regulatory legal acts.

This textbook is comprehensive: it contains the texts of lectures and test questions for them, situational and test tasks, assignments, regulatory legal acts, a list of recommended literature, and a training course program.

• – characteristics and sources of housing law;
• - housing rights of citizens (the emergence of prerequisites for citizens to housing rights, the features of the emergence, change, termination, protection and protection of housing rights in court, liability for violation of housing rights);
• - objects of housing law (concepts of housing and housing funds, their types, norm of provision and accounting norm of the living space area, methods of housing preservation);
• - features of civil law contracts concluded in relation to housing (purchase and sale, exchange, exchange, privatization);
• – expenses of citizens related to housing (payment for residential premises and utilities, taxes, duties, housing subsidies and compensations);
• - requirements for documents drawn up by citizens in the course of exercising their housing rights (lists of documents are given, their content is stated);
• - organization and activities of housing and housing cooperatives, admission to members of the cooperative and their legal status;
• – creation and operation of a homeowners' association, the legal status of the association's members;
• - reference information (in relation to samples of documents provided by citizens in the exercise of their housing rights, various standards established in the housing sector), etc.

Answers to some control questions suggest the use by students of the knowledge they received in the study of other disciplines. A small part of the questions requires the reader to independently search for answers.

The textbook will be useful both for teachers and students of law and non-legal universities, studying law, and for citizens who experience difficulties in exercising and protecting their housing rights. The manual can be used for classroom studies, self-training of students, not only in the process of studying the course, but also for control purposes.

The development of control questions and problem solving will help students master the main provisions of the "Housing Law" training course and develop the skills to apply knowledge to resolve life situations that arise in practice. The solution of situational problems should be reasoned and contain references to specific articles of specific regulatory legal acts.

General characteristics and sources of housing law

Concept, subject, principles and method of housing law

concept "housing law" It is used in legal literature in two senses - narrow and broad.

In a narrow sense, housing law is the subjective right of a particular person to a dwelling.

In a broad sense, housing law is an institution of civil law, which includes the norms of other branches of law, devoted either directly to housing legal relations, or to relations related to housing (administrative, land, financial, environmental law). The opinions expressed in the literature that housing law in a broad sense should be considered as a sub-branch of civil law or as an independent branch of law, for the time being, in our opinion, should be considered untenable. At the same time, the content of housing law, as well as the number and variety of normative acts regulating it, to a certain extent go beyond the institution of civil law.

Subject regulation of housing law in a broad sense are housing legal relations. Under housing legal relations understand the relationship that arises about housing. Among them are the following kinds relations (clause 1 of article 4 of the RF Housing Code):

• a) on the emergence, implementation, change, termination of the right to own, use, dispose of residential premises of state and municipal housing funds;
• b) use of residential premises of private housing stock;
• c) the use of common property by the owner of the premises;
• d) attribution of premises to the number of residential premises and their exclusion from the housing stock;
• e) housing stock accounting;
• f) maintenance and repair of residential premises;
• g) reorganization and redevelopment of residential premises;
• h) management of apartment buildings;
• i) the creation and operation of housing and housing-construction cooperatives, associations of homeowners, the rights and obligations of their members;
• j) provision of public services;
• k) payment for housing and utilities;
• l) control over the use and safety of the housing stock, compliance of residential premises with established sanitary and technical rules and regulations, and other requirements of the legislation.

Participants housing relations (clause 2, article 4 of the Housing Code of the Russian Federation) are:

• - citizens;
• - legal entities;
• - The Russian Federation;
• - subjects of the Russian Federation;
• - municipalities.

Under housing law principles understand the basic provisions of the legal regulation of housing relations. They are called "the basic principles of housing legislation." To the principles of housing law, which are set out in Art. 1 LC RF, the following provisions apply:

• 1) housing legislation is based on:
  • - on the need to ensure the conditions for the exercise by citizens of the right to housing, its security by state authorities and local self-government;
  • - inviolability and inadmissibility of arbitrary deprivation of housing;
  • - recognition of the equality of participants in housing legal relations in terms of ownership, use and disposal of residential premises;
  • – the need to ensure the restoration of violated housing rights and their judicial protection;
  • - the need to ensure the safety of the housing stock;
  • - the need to use residential premises for their intended purpose;
• 2) citizens, at their own discretion and in their own interests, exercise their housing rights, including dispose of them. They must not violate the rights and interests of other citizens in the exercise of their housing rights and obligations;
• 3) housing rights may be restricted under federal law in order to protect:
  • - the foundations of the constitutional order;
  • - morality;
  • – health, rights and legitimate interests of other persons;
  • - security of the state;
• 4) citizens legally located on the territory of the Russian Federation have the right to freely choose residential premises for living as owners and tenants;
• 5) restriction of the right of citizens to freedom of choice of residential premises is allowed on the basis of the LC RF or federal law.

Under housing law method it is necessary to understand the way of regulation of housing legal relations. Since housing law in the broadest sense is a complex institution, it does not have an independent method of regulation: its method is characterized by features inherent in civil law in general, as well as features characteristic of those branches of law whose norms are used to regulate housing legal relations.

The norms of housing law refer to various branches of Russian law. Thus, the rules governing the use of residential premises are inherent only in civil law. The norms governing the distribution, provision of housing in state and municipal funds refer only to administrative law. But legal relations for the acquisition of residential premises are regulated by the norms of civil law (the procedure and conditions for concluding contracts of sale, exchange, donation of residential premises, the procedure for inheriting housing) and administrative law (state registration of real estate transactions and the transfer of rights to real estate, issuing a decision to provide residential premises for social use). Legal relations in the field of management, operation, preservation, repair of residential premises are regulated by the norms of civil law and a number of other branches of law: administrative, tax, land. Thus, although formally housing law is just an institution of civil law, formed around the rules on a tenancy agreement, however, the content, scope and significance of this institution give grounds for recommending the legislator to give this institution the status of a sub-branch of civil law.

• For the role of housing, see: Eeyusoff I., Khodov L. Housing in the country's economy // Housing law. 2008. No. 2. S. 42.