Theoretical aspects of the housing contract

Keywords: housing; residential lease agreement, social housing lease agreement, housing lease agreement


The article highlights the features of the residential lease agreement and its types. Particular attention is paid to the residential lease agreement, the subject of which has been individually owned by citizens.

Subject to the Constitution of Ukraine the right to housing is one of the most important human rights, therefore, the state must protect this right. Modern legal regulation of housing relations proceeds from the fact that housing is a need of the citizens, which becomes a problem for the citizens themselves, although the solution of the housing problem is still proclaimed as one of the priority areas of the state policy. Constantly rising housing prices, declining volume of its construction, low incomes – it all leads to the fact that the purchase of an apartment or even a room remains just a dream, impossible even in the distant future, for most Ukrainians.

Public housing has not yet fulfilled its function of providing constitutional social guarantees for housing rights, primarily for low-income groups. The objective reason for the slow progress in it is the protracted and deep economic crisis in Ukraine, the actual refusal of the state to fulfill its earlier commitments to improve the citizens’ housing conditions, as well as a radical change in Ukraine’s housing policy. It is necessary to create socially acceptable mechanisms aimed at encouraging citizens with sufficient income to improve housing conditions at the expense of the housing market and at implementing new principles for providing social housing to and using it by low-income groups who need better housing conditions.

The analysis of the social residential lease agreement shows that it is a legal institution on the edge between the fields of civil and administrative law. In a broader sense, the social residential lease agreement is an important element of the system of social protection of citizens, and in this context it can be characterized as some obligation of the state to guarantee a life-long right to housing. The question is only how one can integrate a legal institute, taken from the former socialist legal system, into an existing legal system.

In the course of the research, the concept of the "residential lease agreement" has also been revealed, the types of residential lease agreements have been examined, the features of this agreement as an object of private property and the procedure for rendering services under the agreement have been clarified.


Calaur I.R. (2013). Poniattia dohovoru naimu u Starodavnomu Rymi ta aktakh kodyfikatsii tsyvilnoho zakonodavstva na Ukrainskykh zemliakh. Chasopys Akademii advokatury Ukrainy. 3. 1-7 [in Ukrainian].
Kharytognov E.A., Golubeva N.Yu. (2008). Tsyvilne pravo Ukrainy: in 2 volumes. Volume 2: Textbook. Kharkiv: Odyssey [in Ukrainian].
Michurin E. (2007). Housing Practices: Pravochyny z zhytlom: naukovo-praktychnyi posibnyk. 3rd ed., Rec. and extra. Kharkiv: Yursvit [in Ukrainian].
Omelchuk O.S. (2008). Poniattia ta typolohiia dohovoru naimu zhytla. Aktualni problemy derzhavy i prava. 38. 74-82 [in Ukrainian].
Omelchuk O.S. (2008). Spirni pytannia ukladennia tsyvilno-pravovoho dohovoru naimu (orendy) zhytla. Aktualni problemy derzhavy i prava. 39. 133-139 [in Ukrainian].
Maidanyk R. (2012). Tsyvilne pravo: Zahalna chastyna. The General Part. Vol. 1. Introduction to Civil Law: A Textbook. Kyiv: Allerta [in Ukrainian].
Bychkova, I.A. Biryukov, V.I Bobryk. (2014). Tsyvilne pravo Ukrainy. Dohovirni ta nedohovirni zoboviazannia: pidruchnyk. 3rd ed., Edited. and extra. Kyiv: Allerta [in Ukrainian].
Shchidka V.G. (2016). Prava ta oboviazky storin dohovoru naimu (orendy) zhytla. Chasopys tsyvilistyky. 20. 116-120 [in Ukrainian].
How to Cite
Barilovska, T. (2020). Theoretical aspects of the housing contract. Law Review of Kyiv University of Law, (1), 411-414.