HOUSING SERVICES AS AN OBJECT OF CIVIL RIGHTS (LEGAL RELATIONS)

Abstract

The concept of objects of civil rights is one of the complex in civil law science. The mentioned issue has not got round the provisions of the norms of legislation and scientific concepts in the context of providing housing services. This problem occurs because the Civil Code of Ukraibe does not contain certain norms regarding the specifics of the relevant type of services as an object of civil rights and the presence of dispersion regulating the procedure of their provision by housing services.

The modern doctrine of civil law admits the plurality of objects of civil rights and denies the possibility of non-object civil legal relations’ existence. Plurality is conceptually defined in the Section III of the Civil Code of Ukraine and means a variety of their species, due to the diversity of legal interests of civil law subjects. The object of civil rights is everything, in respect of which the subjects come into legal relations.

The concept of housing services would be appropriate to interpret due to a combination of these categories (actions and benefits). Consequently, housing services – are the result of economic activities aimed at meeting the needs of an individual or legal entity to provide hot and cold water, water discharge, gas- and electric power supply, heating, as well as removal of waste in the manner prescribed by the law.

The subject matter of the contract on providing housing services is a non-material service, i.e. the intangible benefit obtained by the customer in the process of committing certain actions by the executor or exercising certain activities. The feature of contractual structures on providing housing services is the quality of provided services. Our vision is confirmed by the norms of the current legislation.

The results of the conducted research are the following conclusions:

1) the object of civil legal relations is the actual behavior of their subjects related to the performance of certain actions due to subjective rights and legal responsibilities;

2) a housing service as an object of civil law is a definite benefit provided by a specialized organization and is the result of the activities of the latter;

3) a housing service is a subject matter of many types of contracts, but has its own specificity depending on its type, which may be associated with the presence of various criteria of quality of provided services (water discharge, gas supply, electric power supply, etc.).