SOME PROBLEMS OF APPEARANCE AND TERMINATION OF THE RIGHT TO HOUSING PROVIDED TO THE TENANT AND MEMBERS OF HIS FAMILY FROM THE STATE HOUSING FUND
Keywords:
constitution, housing legislation, housing, state housing fund, tenant, family members of the tenantAbstract
The article analyzes the Normative Resolution of the Constitutional Council of the Republic of Kazakhstan No. 1 dated January 21, 2020, by which subparagraph 8) of Article 107 of the Law of the Republic of Kazakhstan dated April 16, 1997 “On Housing Relations” was recognized as unconstitutional. The subject of the study are legal issues of dwellings from the state stock for certain categories of citizens in need of housing and the problems associated with the deprivation of the dwelling.
Authors come to the conclusion that interpretation of provisions of housing legislation which limits need in housing by criteria of absence of dwelling only, and possession of a dwelling less than the minimum legal standards excludes the state of need and is unfair and contrary to the basic principles of the Constitution of the Republic of Kazakhstan. The criteria of need is disclosed through the provisions of the current legislation establishing minimum standards for housing provision. The authors conclude that the norms of the current housing legislation of the Republic of Kazakhstan, when interpreted systematically, do not reject the need for housing from the state stock in cases where citizens possess other dwelling (share in the dwelling). To confirm the state of need in housing while renting a dwelling from state stock, both the facts of absence of a dwelling of citizens and members of their family, as well as facts of inconsistency of the size of existing dwellings with minimum legal standards must be taken into account.
The article explains that the acquisition of a housing by tenant, his family members or other persons living together could serve as grounds for termination of the public housing rental contract and eviction without providing alternative housing under the only condition: all participants of the public housing rental contract (the tenant, his family members and other persons living with him) became the owners (co-owners) of another dwelling which size matches the minimum legal standards. In the comparative legal aspect, the approaches of providing citizens with social housing in Russia, Belarus, Germany and the United States are considered.