Protection of the constitutional right to housing in enforcement proceedings

Abstract

The article discusses the theoretical issues of the content of the constitutional right to housing in the Russian Federation, the features of its regulation and protection within the framework of sectoral legislation and the "collision" with another constitutional right - the right to judicial protection (enforcement of court decisions) in the implementation of enforcement proceedings. Public relations are constantly changing, the increasing dynamics of the debt load of the population is changing the legislator's approaches to regulating the arrest procedure for the only habitable housing of the debtor. Increasingly, this mechanism is used in the framework of bankruptcy court cases, studying which one can clearly trace the problem of the relationship between the constitutional right to housing, that is, the “right to live” in the premises and sectoral rights to own, use and dispose of housing as property. The criteria that must be met by the only habitable dwelling that could be foreclosed on have not yet been established by law in the Russian Federation, which gives rise to a number of problems in law enforcement practice. Theoretical approaches are refracted to the specific judicial practice of protecting the debtor’s right to the only habitable housing, on the basis of which it is concluded that it is necessary to adjust the legislation in terms of the possibility of lifting executive immunity in cases specified by civil and housing legislation, including when the bailiff does not properly more loyal penalties were applied, as well as the establishment of specific legislative characteristics of the only suitable residential premises when removing executive immunity. The authors defend the position on the need to develop sectoral guarantees of the right to protect the only habitable housing of the debtor, which will protect the constitutional right to housing in the framework of enforcement proceedings.