Issues of Forming Russian Housing Law

Abstract

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 topic may seem theoretical at first sight, the article will be important for practicing lawyers as a legislation from the domain of private law should comply with the theoretical fundamentals of jurisprudence. The article studies the process of forming housing law as a branch of legislation in our country and various legal views on the nature of this law and makes a conclusion on its role within the Russian Federation legal system. The paper also discusses three various systems of legal regulation to meet the housing demands having existed during the 20th century. The differences in these systems were conditioned by radical changes in the structure of ownership, the principles of public power and the functions of our state in the 20th century. The conclusions made in the article are the following. Causes and purposes of forming housing legislation in the Russian Federation may be considered applied; the current housing legislation exists currently as a complex legal branch confirmed by point K in article 72 in the Russian Federation Constitution; housing law is not an independent branch of law and is a sub branch of civil law with higher standards of imperative norms compared to the other sub branches of civil law, which can be explained 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.