乌克兰某类人住房权的歧视

V. Teremetskyi, Olga Avramova
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引用次数: 1

摘要

这篇论文专门讨论住房歧视问题。这项研究的相关性一方面取决于有事实表明住房部门存在歧视现象,另一方面取决于缺乏对这一问题的现代研究。此外,研究人员还没有建立一个稳定的歧视问题术语,也没有揭示住房歧视作为一个民事范畴的特征。这些问题的解决对于这一领域的进一步理论和法律发展以及使国家立法尽快符合国际标准都是重要的。研究的目的是明确住房歧视作为民事范畴的本质和特征,确定其存在的事实和依据。研究材料包括关于乌克兰住房部门中易受伤害者的人数和状况的统计数据、乌克兰社会中的歧视事实;关于住房权利和住房歧视的科学出版物;乌克兰人权事务专员2020年报告;国家立法;2022年国内流离失所者统计等。研究的材料和目的决定了研究方法的选择。主要的方法是价值论,它可以证明住房对一个人的价值。分析和综合方法有助于确定歧视概念的一般做法,说明歧视的理由,并拟订住房歧视的定义。可以确定的是,住房歧视是对住房权利的一种限制,其结果是一个人没有机会购买住房并居住在其中。人们发现,弱势群体(国内流离失所者、有子女的家庭、同性恋夫妇等)往往面临住房歧视。委员会指出,国家立法没有将住房歧视作为一个独立的法律类别加以区分。本文阐述了乌克兰住房歧视的内容和特点。确定了造成住房歧视和无法行使适当住房权的特征(性别、国籍、公民身份、年龄、性取向、没有结婚登记的家庭住所、儿童和动物的存在、国内流离失所)。事实证明,歧视可以表现为拒绝签订或延长租赁/租赁协议,不合理的租金上涨等。本文可以为青年研究人员进一步研究完善住房立法问题提供科学依据。
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Discrimination of Housing Rights of Certain Categories of Persons in Ukraine
This paper is devoted to the problem of housing discrimination. The relevance of the study is conditioned, on the one hand, by the presence of facts indicating the existence of discriminatory phenomena in the housing sector, and on the other – by the lack of modern research on this issue. In addition, researchers have not yet established a stable terminology on discrimination issues and have not revealed the characteristic features of housing discrimination as a civil category. The solution of these problems is important both for further theoretical and legal developments in this area, and for bringing national legislation in line with international standards as soon as possible. The purpose of the study is to define the essence and features of housing discrimination as a civil category, identify its facts and grounds. The research material includes statistical data on the number and situation of vulnerable persons in the housing sector in Ukraine, facts of discrimination in Ukrainian society; scientific publications on housing rights and housing discrimination; report of the Commissioner for Human Rights in Ukraine for 2020; national legislation; statistics of internally displaced persons in 2022, etc. The materials and objectives of the study determined the choice of research methods. The primary method is axiological, which allows substantiating the value of housing for a person. Methods of analysis and synthesis helped identify general approaches to the concept of discrimination, characterise its grounds, and formulate a definition of housing discrimination. It is established that housing discrimination is a restriction of the right to housing, as a result of which a person does not have the opportunity to purchase housing and live in it. It was found out that most often a vulnerable group of people (internally displaced persons, families with children, homosexual couples, etc.) face housing discrimination. It is noted that national legislation does not distinguish housing discrimination as an independent legal category. The paper describes the content and features of housing discrimination in Ukraine. The characteristics (gender, nationality, citizenship, age, sexual orientation, family residence without marriage registration, the presence of children and animals, internal displacement) that cause housing discrimination and inability to exercise the proper right to housing are established. It is proved that discrimination can manifest itself in refusal to conclude or extend a lease/rental agreement, unjustified rent increases, etc. The paper can be used for further scientific study by young researchers dealing with the problems of improving housing legislation.
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