SELF-REGULATION IN THE HOUSING LEGAL REGULATION MECHANISM

Abstract

The purpose of the research. The increased concern in the research community to various problems of the mechanism of legal regulation, taking into account the sectoral characteristics has predetermined the need to identify its specificity in relation to the housing sector and to clarify the role of self-regulation as an independent use by participants of law enforcement activities in the field of housing system of private law means of implementation of their housing rights. The article considers the correlation between self-regulation and the most significant elements of the mechanism of legal regulation of housing relations, it also traces the dynamics of their interaction and identifies sector-specific features of self-regulation in relation to the housing sector. The purpose of the study is to identify the specific features of self-regulation in the housing sector and to determine its role in the mechanism of legal regulation of housing relations. Results. The author concludes that the complex nature of the legal regulation of housing relations, which combines elements of both private law and public law regulation, arises from the heterogeneous nature of housing relations themselves. Differentiation of legal regulation of housing relations is based on differences in methods, ways and techniques of legal impact on relations in the housing sector, which ultimately determines the peculiarities of the mechanism of their legal regulation. The central role in the system of civil law legal means of regulating that part of housing relations, which are by their legal nature civil law relations, belongs to such key civil law instruments as civil law contract, legal entity, decisions of meetings. The discretionary nature of civil law regulation of housing relations gives its participants the possibility of choosing their own legal ways and means of satisfying their private interests, and therefore the possibility of self-regulation. Self-regulation in the mechanism of legal regulation of housing relations is the use of legal means directly by the participants of the relations regulated by housing law to structure their own behaviour, independent determination of their rights and duties within the law. Self-regulation in the housing sphere is closely interconnected with such elements of the mechanism of legal regulation of housing relations as norms and legal relations. The normative foundation of self-regulation in the housing sphere is primarily of dispositive norms. The significance of dispositive rules in the regulatory impact of housing law on the housing relations that constitute its subject matter lies in enabling the parties to exercise rights and fulfil duties in accordance with an individual pattern of behaviour agreed upon in the process of self-regulation. The most important legal means by which self-regulation is achieved is the category of «discretion», which gives subjects of housing legal relations the possibility of free choice of the optimum way of exercising subjective housing rights. The legal ground for self-regulation in the housing sector is provided by the norms-principles enshrined in the housing legislation - the principle of legal equality and the principle of economic freedom, the content of which is differentiated depending on the subject composition of enforcement. Self-regulation in the field of housing has sectoral specificity determined by the peculiarities of the subject composition of the regulated relations and the object about which these relations are formed. The diversity of housing rights and the particularities of their exercise imply a wide range of subjects exercising their rights, thus requiring a constant balancing act not only between private and public interests, but also between the set of private interests themselves. In this context, the limits to the exercise of housing rights, which have a significant impact on self-regulation, are of particular importance. The exercise of certain housing rights by virtue of the requirements of housing legislation is subject to the need for getting the approval or authorisation. The peculiarity of self-regulation in housing sector is also the fact that for the emergence of most legal relations, in which housing rights and duties are implemented, self-regulation alone is not enough, but individual-contractual regulation is required, which, compared to other types of legal regulation, is more dependent on the will of the subjects of contractual obligation, optimization of interaction between the subjects is achieved through self-regulation. The use of the contractual form of regulation makes it possible to coordinate the multiple interests of the participants in housing relationships.