The new housing legislation developed and adopted in Ukraine calls for a thorough study of various aspects of housing relations, with due regard for the equality of citizens from the perspective of the right to housing guaranteed by the Fundamental Law. As one of the components of this process, a transparent mechanism should be put in place for allocation of residential premises in the houses of the Stateand public housing resources, which mechanism should also prevent unfair distribution of housing accommodations.

The purpose of the article is to establish the meaning of the concept “factitious deterioration of housing conditions” and to define, in today’s context, its methods aimed at obtaining the right to be entered on the apartment allocation register.

It is proved that factitious deterioration of housing conditions means conscious and deliberate creation of circumstances which are similar in content to the grounds for acquiring the right to be allocated residential premises in a house from the Stateand public housing resources. At the same time, it is noted that the current list of the ways which may lead to factitious worsening of housing conditions and which is defined by the provisions of the Housing Code, does not cover all possible forms of action which entities of legal relations may resort to in such cases. The author focuses on the legal consequences of factitious deterioration of housing conditions, analyzes the liability for such actions which is imposed by housing legislation, and makes a proposal for introducing a more efficient response to unlawful behavior of a person, which, at the expense of the State, is aimed at improving his/her financial situation and the interests of other citizens. At the same time, the provisions of statutory instruments and judicial practice are analyzed to establish the differences between factitious deterioration of housing conditions and submission of false information which becomes the basis for being entered on the apartment allocation register. Having a common goal, such actions have different objective signs and legal consequences.

Based on the study of the provisions of laws, bylaws, other secondary legislation and scientific sources, the author compares separate methods of factitious deterioration of housing conditions, identifies their objective and subjective characteristics, and makes the conclusions with a view to updating and supplementing of the existing list of the ways to worsen housing conditions, which should be consolidated on the legislative level to prevent its arbitrary interpretation.

Bibliography

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Websites

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