Practice of realization of the constitutional right to housing of persons without parental support: on the example of the Tyumen region

One of the basic elements of protection of orphan children and persons without parental guardianship is provision of housing. The topicality of the matter is not decreasing during many years. With regard to the above, such protection has to be directed to those who need it. To provide the child with a roof over his head is one of the foremost tasks of modern society. Since 2011, the volume of funds of the federal budget, which are annually granted in the form of subsidies to the budgets of subjects of the Russian Federation for providing housing for orphan children, increased. Despite a number of positive tendencies which became noticeable thanks to a package of measures of the supreme bodies of government directed to the solution of housing problems of orphan children the situation with provision of housing for the specified category continues to remain extremely complicated. This can be proved by the statistical data given in the article. According to Article 40 of the Constitution of the Russian Federation, everyone has the right to housing. Housing is provided to the poor and other needy citizens either free of charge or for an available payment from the state, municipal and other housing stocks according to the norms established by law. The law having the highest juridical force is aimed at the protection of housing rights of citizens. At the same time, regional laws and regulations develop the question of the status of orphan children and their right to housing. The article examines several statutory instruments of the Tyumen region. For example, the Law of the Tyumen region of 28.12.2004 No. 331 "About social support of separate categories of citizens in the Tyumen region" (the law regulates some special aspects of financial support of separate categories of citizens), etc. and deals with a certain order of the constitutional regulation of budgetary relations between the Russian Federation and its subjects. The article brings up an issue that it is still impossible to distribute powers holders between the Federation and its subjects in the sphere of providing housing for socially unprotected groups of population duly. The author comes to some conclusions. Firstly, there is lack of accurate separation of powers between the Russian Federation and the subjects of the Russian Federation in provision of housing for orphan children. Secondly, the decrease of the budget for subjects of the Russian Federation results in reduction of financing of housing for orphan children from regional budgets.

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