Marina Baratova1
Issues of Forming Russian Housing Law
2013.
No. 4.
P. 17–28
[issue contents]
Baratova Marina- Senior Lecturer, Department of Civil Law, National Research University Higher School of Economics, LL.M (Private Law). Address: 20 Myasnitskaya Str., Moscow, 101000, Russian Federation. E-mail: bma@hse.ru
The article features a very topical issue of the role of housing law in the Russian Federation legal system.This issue has been being discussed in academic literature for several last decades. Though the topicmay seem theoretical at first sight, the article will be important for practicing lawyers as a legislationfrom the domain of private law should comply with the theoretical fundamentals of jurisprudence. Thearticle studies the process of forming housing law as a branch of legislation in our country and variouslegal views on the nature of this law and makes a conclusion on its role within the Russian Federationlegal system. The paper also discusses three various systems of legal regulation to meet the housingdemands having existed during the 20th century. The differences in these systems were conditioned byradical changes in the structure of ownership, the principles of public power and the functions of ourstate in the 20th century. The conclusions made in the article are the following. Causes and purposes offorming housing legislation in the Russian Federation may be considered applied; the current housinglegislation exists currently as a complex legal branch confirmed by point K in article 72 in the RussianFederation Constitution; housing law is not an independent branch of law and is a sub branch of civil lawwith higher standards of imperative norms compared to the other sub branches of civil law, which can beexplained by the significance of residential property in housing legal relations for citizens and society;housing law as a legal branch is an educational course studying it as a part of civil law.
The article features a very topical issue of the role of housing law in the Russian Federation legal system.This issue has been being discussed in academic literature for several last decades. Though the topicmay seem theoretical at first sight, the article will be important for practicing lawyers as a legislationfrom the domain of private law should comply with the theoretical fundamentals of jurisprudence. Thearticle studies the process of forming housing law as a branch of legislation in our country and variouslegal views on the nature of this law and makes a conclusion on its role within the Russian Federationlegal system. The paper also discusses three various systems of legal regulation to meet the housingdemands having existed during the 20th century. The differences in these systems were conditioned byradical changes in the structure of ownership, the principles of public power and the functions of ourstate in the 20th century. The conclusions made in the article are the following. Causes and purposes offorming housing legislation in the Russian Federation may be considered applied; the current housinglegislation exists currently as a complex legal branch confirmed by point K in article 72 in the RussianFederation Constitution; housing law is not an independent branch of law and is a sub branch of civil lawwith higher standards of imperative norms compared to the other sub branches of civil law, which can beexplained by the significance of residential property in housing legal relations for citizens and society;housing law as a legal branch is an educational course studying it as a part of civil law.
Citation:
Baratova M. (2013) Stanovlenie zhilishchnogo prava v Rossii [Issues of Forming Russian Housing Law]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 4, pp. 17-28. (in Russian)
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