The Essence of the Constitutional Right to Housing as an Institutional Marker of the Comprehensive Mechanism of Legal Influence

From the standpoint of the methodology of constitutional legal understanding, the work substantiates the essence of the constitutional right to housing (Article 40 of the Constitution of the Russian Federation), which is expressed by the concept of “authorized residence”. A constitutional analysis of scientific approaches and judicial practice demonstrates how the defined essence allows for the explicating of the entire diversity of housing legal relations and the subjective rights and legal obligations of the parties that comprise them. At the same time, the authors correlate the vector of constitutionalization of housing law with the goals of ensuring the right to housing within the framework of the comprehensive institutionalization of housing legislation.

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Publication Details

Journal
Constitutional and municipal law
Published
2026-10-29
DOI
https://doi.org/10.18572/1812-3767-2026-10-7-14
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
0.00
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article

The Essence of the Constitutional Right to Housing as an Institutional Marker of the Comprehensive Mechanism of Legal Influence

Vladimir I. Kruss, Pavel A. Feoktistov
Constitutional and municipal law
Legal and Policy Issues
article

The Essence of the Constitutional Right to Housing as an Institutional Marker of the Comprehensive Mechanism of Legal Influence

Vladimir I. Kruss, Pavel A. Feoktistov
article en

Abstract

From the standpoint of the methodology of constitutional legal understanding, the work substantiates the essence of the constitutional right to housing (Article 40 of the Constitution of the Russian Federation), which is expressed by the concept of “authorized residence”. A constitutional analysis of scientific approaches and judicial practice demonstrates how the defined essence allows for the explicating of the entire diversity of housing legal relations and the subjective rights and legal obligations of the parties that comprise them. At the same time, the authors correlate the vector of constitutionalization of housing law with the goals of ensuring the right to housing within the framework of the comprehensive institutionalization of housing legislation.

Constitutional and municipal law
Tver State University (RU)
Openalex Percentile: Top 3%
Legal and Policy Issues
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