Sorokin M.A. Definition of the “terms of social housing” in property law: essence, content, contradictions

Abstract: The subject of this research is the essence and content of the definition “terms of social housing” as one of the fundamental categories of property law. The author demonstrates that despite the presence of this category in property law, its nature and content are not clarified in the legislation. This circumstance leads to limitation of citizens’ rights to privatize the residence they occupy. A proposal is made to implement these elements as the content of the definition of the “terms of social housing” into the law of the Russian Federation from 07.04.1991 No. 1541-I “About privatization of housing stock in the Russian Federation”. Overall, the legislative recognition of the content of this definition will allow organizing the legal relations in the area of privatization of housing. Reviewing the legal precedent, the author highlights the elements of the terms of social housing ruled by the courts in recognition of the housing rights of citizens. The novelty of this research consists in formation of original set of elements characteristic for the terms of social housing. The version proposed by the author reflects the substance of the processes in the modern judicial practice and is capable of resolving the issue of lack of legally defined terms for social housing in Russia.

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