Concept, content and method of housing law

1. CONCEPT, CONTENT AND METHOD OF HOUSING LAW

1. Object and method of
housing law. Place of
housing law in the law of the
Republic of Kazakhstan

2. The value of housing law in the areas of law of the Republic of Kazakhstan

is determined by the specific
relationships that are the
- the object of legal regulation,
- the methods of legal regulation,
- the fundamental principles,
- the special legislation.

3. Some scientists believed

• that the housing law does not form
an independent branch of law, and is
part of civil law.

4. Authors think about housing law in the broadest sense

• based on an understanding of
housing law as the law governing
any relationship in which satisfied
the need for housing. Such
understanding is too meaningful,
housing relations are not included, of
course, all relations about the
dwellings.

5. Нousing law

• exists as a complex area of law and
is not only a special legislation, but
also a special object and method of
legal regulation, characteristic of its
specific principles which distinguish it
from other branches of law.

6. The subject of housing law

• is housing relations.

7. Housing relations

• appears, changes and expires on the
specific object - houses, for which
there is a special legal regime.

8. Housing relations

• - is a generic term. There are the
following types of legal relations
governed by the housing legislation.

9. A) the relations connected with ownership of dwellings.

• Ownership is absolute civil right. Therefore, a substantial
part of these relations is determined by the appropriate civil
and legal institutions, but the rules of civil law merely
supplements the rules of housing legislation.
• Due to the ownership of the housing appear and other legal
links, such as those which are owners of houses in the
management of common property and housing matters
appearing from living the owner of the house with his
family. The previous relationship is closely related to the
ownership of a dwelling, are with them in a special
relationship: the right of ownership serves as the
foundation and existence of housing rights of family
members of the owner.

10. B) relations associated with the implementation of the right to use the dwellings.

• The content of these relations are multifaceted rights and
obligations of the persons, in the majority of the
subordinate standards of housing legislation. As the number
of housing as part of leasing relationships from the public
and private housing funds. Most of the relationships of this
group is right to use the housing from public housing fund,
which is a separate and specific content of right. Several
specific have rented dwellings from the private housing
stock, which also requires a special regulation of the
relationship.
• Another, less significant part of the group hosing relations,
is smaller in their independence and content of the right of
the leaser members of the family. For example, the family
members enjoy the same leasers rights and bear
obligations appearing from the housing contract.

11. C) relations associated with the requirements for dwellings.

• Residential premises must be suitable for
permanent residence in it, even if it was
granted only to meet temporary housing
needs. According to Clause 1, Article. 76
of the Act on Housing Relations, which is
provided to citizens to stay should be
landscaped. This means that the suitability
of premises for permanent residence
depends on each locality, and reached the
degree of improvement in it.

12. D) relations associated with the preservation and repair of housing funds.

• Preservation and production of
repayment of dwellings (capital or
current) is usually the responsibility
of the owner. Rights or treaty
obligations are to maintain and
repair the home may be entrusted to
another person, for example, a
leaser.

13. D) relations associated with control of public authorities

• for the rights of citizens on housing
and the use of housing stock.

14. The regulation of housing relations, use the following methods:

• a) the permission - to provide
individuals the right to their own
activity
• b) the prohibition - the requirement
to refrain from engaging in certain
types of action;
• с) positive obligations – special
responsibilities to the proper
behavior.