THE RIGHT TO ADEQUATE HOUSING: ITS LEGAL NATURE AND POSSIBLE WAYS OF IMPLEMENTATION IN THE NATIONAL SPACE LAW

The article, based on the sources of international law, examines the legal nature of the right to adequate housing and possible ways of implementing this basic right in the national legal space at the general theoretical level. The author notes that the right to adequate housing is a basic social human right. Being enshrined in the sources of International Law, the right to adequate housing has mainly ‘declarative properties', which actualizes the problem of its implementation in the national legal space. The full implementation of this right largely conditions the effectiveness of Ukraine's renovation processes. Realization and enforcement of this right, in the author's opinion, in the national legal space is fraught with difficulties due to the complexity of national legal systems, especially in the context of ‘international-national' relations. The author concludes that the right to adequate housing is a meritorious good, which excludes its commodification, but it cannot considered that it has no price. The author concludes that the operation of market institutions and, accordingly, property structures in the implementation of the right to adequate housing is subject to significant transformation. By its nature, the right to adequate housing closely linked to other rights that can realized in the context of inclusive institutions. At the same time, the author emphasizes that the theory of the right to the city can serve as a summarizing theory for ensuring the right to adequate housing and ensuring its implementation in the national legal space. The author argues that addressing the right to adequate housing requires strengthening the role of local communities and developing inclusive urban institutions, as this approach allows taking into account the moral externalities associated with the granting of this right.