Bulletin of Kharkiv National University of Internal Affairs (Dec 2024)
Juridical facts in housing law
Abstract
The article is focused on defining specific features of juridical facts in housing law. The relevance of the research topic is stipulated by modern challenges, in particular, military actions. Thus, there are new legal relations regarding compensation for destroyed housing, in regard to internal displacement. These juridical facts require separate scientific research in the field of housing law. The purpose of the article is to define juridical facts of housing law considering modern challenges. Achieving the research purpose became possible through the usage of a set of general scientific and special methods of scientific cognition, in particular, the dialectical, axiological, structural and logical, formal and legal methods were used. Juridical facts in the field of housing law are the dynamic legal category that is constantly being changed and updated under the influence of various external factors. Juridical fact related to the technical conditions of housing is of particular importance among them. Recognition of housing as uninhabitable serves as the basis for terminating legal relations related to ownership or residence and at the same time becomes a legal-based fact for realizing the rights to compensation, replacement, etc. It is especially relevant in terms of the martial law, when destruction of housing due to hostilities acts as a juridical fact that terminates the right to ownership or residence because of destruction, damage or loss of fitness for usage. As a result, new legal relations are formed, which are aimed at restoring housing rights, receiving compensation or providing new housing. It is worth noting that terminating and legal-based juridical facts in housing law are closely interrelated that determines their systemic interaction. It has been emphasized that specific feature of juridical facts in housing law is stipulated by the fact that a set of juridical facts is necessary in most cases for their emergence and termination. Thus, both the termination and emergence of housing legal relations are conditioned by the presence of a juridical fact of moving in or eviction from housing. The fact of moving in is the confirmation of the emergence of housing legal relations. The termination of housing legal relations is accompanied by the juridical fact of eviction from housing.
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