Fedorchuk I. Legal mechanism of the ensuring the Constitutional Housing Right

In the thesis, a comprehensive of the legal mechanism for ensuring the constitutional right to housing, which allowed to determine the methodological principles of functioning and application of the legal mechanism for ensuring the constitutional right to housing as a natural, subjective, inalienable human right is conducted firstly. The genesis of the right to housing and the mechanism of its enforcement is researched. There is found out that the constitutional right to housing emerged from the related rights to property, inviolability of housing and its protection. The historical retrospective demonstrates that the modern understanding of the concept of the constitutional right to housing was formed under the influence of the European legal paradigm. In the periodisation of the genesis of the right to housing and the mechanism of its enforcement, the author proposes to conditionally divide the recent (since Ukraine gained independence and up to now) historical period of development of the legal mechanism for ensuring the constitutional right to housing into the “pre-constitutional” (1991 - 1996) and “constitutional” (1996 - present) periods. There is proposed to classify the legal acts in the area of ensuring the constitutional right to housing developed during the “constitutional” period into four groups according to the criterion of their focus: situational; organisational; economic and financial; and programmatic. There is analysed the constitutional right to housing and the mechanism of its enforcement as the object of scientific research. It is clarified that the national methodological framework for researching the legal mechanism for ensuring the constitutional right to housing is characterised by a number of specific features which define the modern scientific discourse on the legal mechanism for ensuring the constitutional right to housing. The conceptual and categorical foundations of the legal mechanism for ensuring the constitutional right to housing are revealed. The author's own definition of the concept of “legal mechanism for ensuring the constitutional right to housing” is formulated. There is clarified that the legal mechanism for ensuring the constitutional right to housing is designed to perform three main tasks: to implement the constitutional right to housing, to protect it and to defend it. The functions of the legal mechanism for ensuring the constitutional right to housing are classified into two groups based on the nature of their focus - basic (implementation, security and protective) and additional (value, reflection, transformation, guarantee, preventive).