Problems and prospects of increasing the effectiveness of comprehensive provision of the constitutional right to housing in the Russian Federation
Keywords:
legal positivism, constitutional legal understanding, constitutional right to housing, housing legislation, constitutional duties of the stateAbstract
The article substantiates the overall inconsistency of "point-based" formal analytical studies of the effectiveness of legal regulation of public relations in the field of housing and communal services in the Russian Federation. The reason for this, according to the author, is the positivist methodology of most of these developments, combined with a well-known uncertainty about the necessary specification of the subject area of complex "housing" legislation. Legal positivism is inherently not ready to answer questions that are conditioned, among other things, by the specifics of the material infrastructural legacy of the Soviet period and manifest themselves in the costs of communal monopolies. The generalization of a wide range of specialized works of specialists and their proposals presented in the publication confirms, as the author believes, the need for scientific development and subsequent legislative perception of an institutionally holistic model for combining constitutional rights, freedoms and duties, human beings, civil societies and the state. This attitude follows directly from the constitutional provisions and relevant acts of the constitutionalization of law.