Documentation of war crimes related to damage and destruction of buildings and legal mechanisms for providing housing to victims

Abstract

The regulation of the right to housing in the Constitution of Ukraine necessitates the development of modern housing legislation. This facilitates the protection and proper realization of the housing rights of individuals. The existence of outdated Housing Code of the Ukrainian SSR in Ukraine creates the need for reforming housing legislation. There is a need to establish modern conceptual foundations for housing legislation. New social relations emerging in the housing sector must be adequately enshrined in housing legislation.
The purpose of the article is to formulate a conceptual scientific approach to the housing law of Ukraine that meets current challenges and realities. The following research methods were used: the formal-logical method was employed to identify new trends in the development of social housing relations in Ukraine; the system-structural method was applied to clarify the characteristics of the right to housing within the structure of other rights; the dialectical method was used to compare the right to housing during Soviet times and in the present.
Summary of main research results. The right to housing is part of the fundamental right to an adequate standard of living. This is reflected in international legal acts and Ukrainian legislation. Under martial law, the state has introduced new mechanisms for protecting and safeguarding the right to housing. These include a compensation program and the provision of housing certificates through the E-recovery program. Efforts continue to establish and implement new mechanisms for providing housing to temporarily displaced persons. There is a growing focus on providing housing to individuals in need due to circumstances beyond their control, supported by or thanks to the organizational efforts of international organizations and funds, charitable organizations, local communities, and volunteers. This is part of the state’s policy aimed at forming a civil society in Ukraine.
Current societal developments and realities necessitate the creation of a Concept for the Development of Housing Legislation in Ukraine. A modern Housing Code of Ukraine should be established. This should be done considering that the rights to housing and an adequate standard of living (which includes housing) are fundamental rights enshrined in Articles 47 and 48 of the Constitution of Ukraine. The state should establish reliable legal mechanisms enabling every citizen to build housing, acquire it in ownership, or rent it, as well as ensure the provision of housing to citizens in need of social protection by the state. There is a need for special legal regulation of housing provision funded by international organizations and funds, charitable organizations, volunteers.