Features of the Judicial Consideration of Civil Cases on Eviction and Housing and the Execution of Relevant Court Decisions
Abstract
The paper reveals the main features of the consideration and resolution by courts of cases on eviction (housing) under the civil procedure in Ukraine, as well as the execution of court decisions in such cases. It explains the concept of the right to housing, as well as housing under the legislation of Ukraine and under the precedent practice of the European Court of Human Rights. It emphasizes the exclusively judicial form of dispute resolution on eviction (housing).
Cases on eviction (housing) constitute a separate category of civil cases. However, they include cases of various legal nature and content. The legislation on which the resolution of these cases is based is outlined in general terms. The problem of the correlation between housing and civil legislation of Ukraine and the doctrinal and practical approaches to its resolution is highlighted.
The peculiarities of the subjective composition of participants in cases on eviction (housing) are revealed, which are determined by the circle of subjects of the relevant housing legal relations. Attention is drawn to the fact that the consideration of cases on eviction of a child must necessarily involve the guardianship and care authority as a third party.
Cases on eviction (housing) can only be considered in the order of litigation in civil proceedings. The exclusive jurisdiction of claims for eviction (housing) is emphasized. The Civil Procedure Code of Ukraine does not set special requirements for eviction (housing) claims, the initiation of proceedings, and the conduct of litigation in these cases. The peculiarities of proving and substantive consideration of cases of this category are revealed.
General requirements that a court decision in cases on eviction (housing) must meet are presented, as well as legal conclusions of the Supreme Court on the most common types of cases of this category. The peculiarities of appealing court decisions in cases on eviction (housing) are disclosed. The activity of state executors in executing court decisions on eviction and housing is characterized.
Цивільний та виконавчий процес: міжгалузеві зв’язки. Особливості розгляду судами певних категорій справ та виконання судових рішень. Монографія
