LEGAL SECURITY OF HOUSING RIGHTS IN JUDGEMENTS OF THE CONSTITUTIONAL COURT OF RUSSIA

This article discusses the issues of implementation of legal protection of the constitutional title to housing of Russian citizens. The authors research characteristic of housing policy in the genetic aspect by comparing program targets and condition of the actual realization of the citizens’ rights in the housing sector. The paper introduces a system of indicators that characterize realization of constitutional right to housing. Based on the analysis of the results of specific sociological research and statistical analysis the author emphasizes contradictions between the objectives of the governmental housing policy and their interpretation by the public. The authors formulate the basic elements of the mechanism for indicative assessment of protection of citizens' rights in the housing sector which include the factual and statistical analysis of practice of the Constitutional Court of the Russian Federation. By analyzing the number of legal positions stated by the Constitutional Court of the Russian Federation at different periods of time the authors come to the conclusion that the Court determines the limits of the state public authority; sets the priority of forms that secure housing rights of the citizens; eliminate obstacles in implementation of the right to housing, including a mechanism of its implementation; forms legal attributes of housing facilities through defining natural parameters of the right to housing. The article emphasizes that the activity of the Constitutional Court of the Russian Federation goes beyond the scope of the administration of justice, and has a character of the negative lawmaking. With this, the results of such activity are inconsistent with the targets set forth in the relevant state programs and legal acts. The authors consider the legal positions of the Constitutional Court of the Russian Federation as a means of protecting the rights of citizens in the housing sector, as well as the factor that influences the dynamics of the housing policy run by the government. The article offers a mechanism for analysis of such influence, and formulates proposals for adjustment of the strategic directions and tactical means of housing policy.