Removal of military servants and members of their families from the registration of needs of improvement of housing conditions in the event of departure to a permanent local location
Authors: Rozghon Olha 
Published: July 2021

Problem setting. The relevance of this study is, first of all, to cover issues related to the protection of the right to housing of a serviceman when deregistering him, in order to improve the legal framework, which, in turn, is one of the legal means to ensure the practical implementation of the right to housing serviceman and members of his family.

The issue of protection of housing rights of those servicemen who did not receive living space in the settlement where they were registered as in need of better living conditions, moved to another settlement for permanent residence, and as a result were removed from this registration.

Target of research. Since the right to housing is one of the constitutional rights of citizens, we will carry out a critical scientific analysis of the constitutionality of the provisions of paragraph 2 of Part 2 of Art. 40 of the Housing Code of the Ukrainian SSR and the “modernity” of the requirements of the Housing Code of the Ukrainian SSR and other regulations on the provision of housing for servicemen and members of their families, if they are removed from the list of those in need of better living conditions. and became the purpose of this article.

Аnalysis of recent researches and publications. A.R. Melnyk drew attention to the problematic aspects of providing servicemen and members of their families with housing according to the housing legislation of Ukraine, which established what housing is. L. O. Moses considered such a social value as the provision of housing for a serviceman. A.V. Minaev points to the need to solve the problem of housing for servicemen. L.P. Bear analyzes the implementation of social rights and freedoms of servicemen for housing.

Article’s main body. As the issue of providing housing for servicemen registered as in need of better housing conditions has not been resolved by the Government before January 1, 2005, there is reason to believe that paragraph 19 of the Regulation on Privileges for Conscripts applies to this issue, persons discharged from military service and their families, approved by the resolution of the Council of Ministers of the USSR of February 17, 1981 № 193.

But for paragraph 2 of Part 2 of Art. 40 Housing Code of the Ukrainian SSR, citizens are removed from the housing register and excluded from the lists of persons who enjoy the right of first refusal of housing, if they moved to a permanent place of residence in another locality and, therefore, lost this right.

Conclusions and prospects for the development. In summary, we outline the following points. First, the provisions of the Housing Code of the Ukrainian SSR meet the requirements of clarity, clarity, unambiguity of law, are provided for the legal consequences of their application, so do not contradict Part 1 of Art. 8 of the Constitution of Ukraine, Part 2 of Article 24 of the Constitution of Ukraine and Part 2 of Art. 47 of the Constitution of Ukraine.

Secondly, substantiating compliance with paragraph 2 of Part 2 of Art. 40 of the Housing Code of the Ukrainian SSR, we argue that these provisions comply with the provisions of Part 2 of Article 24 of the Constitution of Ukraine because the rights and freedoms of citizens enshrined in laws and regulations are equal. Compliance with paragraph 2 of Part 2 of Art. 40 of the Housing Code of the Ukrainian SSR and indicate in relation to Part 2 of Art. 47 of the Constitution of Ukraine, a former serviceman who could be provided with living space in accordance with paragraph 19 of Regulation № 193.

Third, if we consider the “modernity” of the Housing Code of the Ukrainian SSR in 1983, it certainly needs updating through the adoption of the draft Housing Code of Ukraine at the legislative level. In addition, the failure of the Government of Ukraine to resolve the issue of providing servicemen with living space requires the application of paragraph 19 of Regulation № 193, and Art. 40 of the Housing Code of the Ukrainian SSR, item 2 part 2 of which it is determined that citizens are removed from the register of those in need of better living conditions in case of departure to a permanent place of residence to another locality. It should be acknowledged that the mechanism of providing ex-servicemen with housing registered with citizens in need of better housing conditions by January 1, 2005 is imperfect.