DISPOSITIVE AND IMPERATIVE RULES IN THE HOUSING LAW: THEORY AND PRACTICE
( Pp. 42-46)

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Karyagin Nicolai E. kandidat yuridicheskih nauk, docent, docent kafedry grazhdanskogo prava i predprinimatelskogo prava
Kazan Federal University
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Abstract:
1) Dispositive and imperative rules occupy a key place in the modern system of legal norms. Their importance is due primarily to the fact that they are the basis for the formation of such practically important methods of legal regulation, as dispositive and imperative. Various aspects of the content of the dispositive and imperative norms and practices found extensively in numerous scholarly works. However, modern legal science has given little attention to the study of the application of these standards in specific areas of public relations, in particular, housing law. In the literature, insufficient attention is given to study the specificity of dispositive and imperative norms of housing law, there is no uniform court practice. 2) When writing the article General scientific (dialectic) method and special methods of scientific research, including systematic method, method of comparative law have been used. 3) The result of the study has been the conclusion that the nature of these norms and their use is ultimately determined by the specific subject of housing law and housing relations. Prerequisites secure provisional standards in the housing law are, first, the provisions of article 40 of the Constitution of the Russian Federation on the existence of different ways of implementing the right to housing, and secondly, is the discretion of the owner on the exercise of the powers of possession, use and disposal of premises, thirdly, is the significant role of the regulation of housing relations. 4) The results can be used for further research of problems of protection of housing rights. 5) The article is intended for members of the judiciary, lawyers, academics, students enrolled in the specialty "Jurisprudence"
How to Cite:
Karyagin N.E., (2015), DISPOSITIVE AND IMPERATIVE RULES IN THE HOUSING LAW: THEORY AND PRACTICE. Business in Law, 2 => 42-46.
Reference list:
Alekseev S.S. Obshchaya teoriya prava. T. 2. - M.: YUrid. lit., 1982. - S. 75.
Bryukhov R.B. Dispozitivnost v grazhdanskom prave : Avtoref. diss. kand. yurid nauk. - Ekaterinbugr, 2006.
Grushevskaya E.V. Imperativnost v rossiyskom grazhdanskom prave : Avtoref. diss.kand. yurid. nauk, Krasnodar, 2010. - 24 s.
Kovaleva YU.V. Imperativnost v dogovornom prave : Avtoref. diss. kand. yurid nauk. - Moskva, 2011.
Postanovlenie Plenuma Verkhovnogo Suda RF ot 2 iyulya 2009 g. № 14 O nekotorykh voprosakh, voznikshikh v sudebnoy praktike pri primenenii ZHilishchnogo kodeksa Rossiyskoy Federatsii // Byulleten Verkhovnogo Suda Rossiyskoy Federatsii. - 2009. - № 9.
Postanovlenie Gosudarstvennoy Dumy Federal nogo Sobraniya RF ot 24 oktyabrya 2012 g. N 1040-6 GD O proekte federal nogo zakona N 82630-5 O vnesenii izmeneniy v stat yu 31 ZHilishchnogo kodeksa Rossiyskoy Federatsii // SZ RF. - 2012. - № 45. - St. 6157
Zaklyuchenie Komiteta Gosudarstvennoy Dumy Federal nogo Sobraniya RF po voprosam sem i, zhenshchin i detey po proektu federal nogo zakona N 82630-5 O vnesenii izmeneniy v stat yu 31 ZHilishchnogo kodeksa Rossiyskoy Federatsii (v chasti zashchity prav byvshikh chlenov sem i sobstvennika zhilogo pomeshcheniya), vnesennomu Altayskim kraevym Zakonodatel nym Sobraniem // SPS GARANT
Keywords:
legal norm, dispositive method, mandatory method, housing relations, living room.


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