THE POSSESSION OF A RESIDENTIAL PREMISE IN THE ABSENCE OF A WARRANT AND A SOCIAL EMPLOYMENT CONTRACT

Currently, the institution of issuing a warrant for residential premises does not exist but individuals continue to use residential premises on the basis of previously issued warrants. However, the institution of social employment has remained and is regulated by both civil and housing legislation. The author studies the problem of the possession of a residential premise in the absence of title documents, namely, a warrant for a residential premise and a social employment contract. The legal consequences of the absence of an order for residential premises and a social employment contract are analysed. The author notes that the administrative bodies providing public services in the housing sector refuse to conclude social employment contracts, to privatise residential premises, etc. due to the absence of a warrant for a residential premise. The author asserts that if a written social employment contract is not concluded but the parties have started the actual execution of it, this contract should be considered as concluded. The author proposes to amend the regulatory framework concerning the provision of services by authorities in the housing sector, in particular, to add a provision, according to which, if citizens live in residential premises without a warrant for a residential premise and a written social employment contract, they should prove the possession of these residential premises and its legality by providing relevant documents.