Constitutional-Legal Regulation of Limitation of the Right to Housing

Abstract

The article theoretically substantiates the possibility of limiting the constitutional right to housing and its volume, the conditions of restriction. The Constitution of the Russian Federation allows for the restriction of housing rights as property. This affects the right to use and dispose of it in a sustainable manner. Constitutional forms of restriction of the right to housing are deprivation by a court decision (“negative” restriction) and forced alienation for state needs (“positive” restriction). This article examines the “positive” restriction of the right to housing. The author defines the constitutional conditions of restriction of the right to housing. The paper presents the author’s definition of the concepts of “restriction of the constitutional right to housing”, “state need”, “preliminary and equivalent compensation”.