On the Protection of Housing Rights of Servicemen of the Armed Forces of the Russian Federation

The article discusses the methods and procedural forms of protecting subjective civil rights and legitimate interests of military personnel of the Armed Forces of the Russian Federation, including in the housing sector. It is substantiated that the protection of violated or disputed housing rights should be carried out on the basis of the criterion established by the Plenum of the Supreme Court of the Russian Federation for distinguishing controversial material legal relations into private law and public law. Courts considering disputes about the protection of housing rights of military personnel, in practice, commit violations of the legislation on administrative proceedings ― on the distribution of responsibilities for proof, do not fully implement their procedural duties, do not use the right to oblige a representative of the administrative defendant (public authorities charged with the duty to ensure the housing rights of military personnel) to appear at a court hearing and prove the legality and validity of the decisions made by him, actions taken (inaction). It is proposed to enshrine in Art. 45 Code of Civil Procedure of the Russian Federation and Art. 39 CAS RF, as well as Art. 35 of the Federal Law ʻOn the Prosecutor’s Office of the Russian Federationʼ the prosecutor’s right to initiate civil and administrative proceedings in defense of the rights and interests of military personnel and members of their families. The expediency of mandatory notarization of transactions with real estate is substantiated.