Violation of the inviolability of housing: criminal legal and criminal procedural characteristics

This article deals with the criminal law characteristics of violating the inviolability of a person’s home or other possession through the lens of legislation on criminal liability and criminal procedural law. Attention is paid to the objective and subjective elements of the offense as defined in Article 162 of the Criminal Code of Ukraine. The article emphasizes that the violation of the inviolability of housing or other possession infringes not only on the material aspect of a dwelling but also on other personal rights and freedoms of individuals and citizens. It is underscored that human rights and freedoms, along with their guarantees, define the content and orientation of state activity. The constitutional right of a person to the inviolability of housing or other possession is enshrined in Article 30 of the Constitution of Ukraine: «Every citizen is guaranteed the inviolability of housing. Entry into a person’s dwelling or other possession, as well as searches or inspections therein, shall not be permitted otherwise than by a reasoned court decision». The article analyzes scholarly views on the problematic aspects related to violations of the inviolability of housing or other possessions. It also explores international legal instruments and decisions of the European Court of Human Rights regarding the protection of the right to housing inviolability. It is emphasized that the right to the inviolability of housing extends not only to citizens but also to foreigners and stateless persons. This has become particularly relevant since Ukraine ratified the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms and its main protocols. The right to the inviolability of housing or other possession is considered an absolute human right, as it is part of absolute legal relations in which the existence of such a right corresponds to the passive duty of any individual to refrain from violating it. This right is inherently personal and represents an aspect of human freedom. The article analyzes the concept of «housing», which is used in various scientific fields and in the practical work of courts and law enforcement bodies. The scientific debate surrounding whether this offense should be classified as formal or material in nature is also examined.