PROBLEMS OF THE RIGHT REALIZATION BY DISABLED PEOPLE FOR ADJUSTING THEIR OWN DWELLING SPACE // Вестник БГУ. Юриспруденция. - 2023. №1. . - С. 35-45.

PROBLEMS OF THE RIGHT REALIZATION BY DISABLED PEOPLE FOR ADJUSTING THEIR OWN DWELLING SPACE

DOI: 10.18101/2658-4409-2023-1-35-45 UDK: 343.9

Today the adjusting of one’s own dwelling space in accordance with the requirements of an individual rehabilitation or habilitation program is not guaranteed to disabled people by law. Apart from the legal guarantee, there are no effective and precise mechanisms for the exercise of such a right by a citizen. The issue also has not been fully covered in public, which has led to the lack of official data on the number of persons with disabilities who have requested and received compensation for the costs of housing adaptation. At the same time, the need to ensure that dwelling space meets the real request and the physical condition of a disabled person exists throughout the country. In fact, this need faces many problems, from the procedure for recognizing dwelling space to a disabled person that requires adaptation, to determining of the public addressee about compensation claims. These problems lead to more “traditional” difficulties in the form of deteriorating health and limited financial resources for adaptation. As a result of the legal regulation analysis at the level of the Russian Federation and the subjects of the Russian Federation, including the results of the provided social support measures review, as well as judicial practice on disputes over compensation for the expenses of disabled people for repairs and other work on the adaptation of their own dwelling spaces, the author’s proposition is to introduce at the federal level a positively assessed regional practice of social support for people with disabilities through cost compensation for adjusting their dwelling spaces. The author declares, first of all, the establishment by law of a guarantee for the adjusting dwelling spaces (including one’s own) of a disabled person. In addition, the existing practice of social safety in the subjects of the Russian Federation for disabled people, who have adapted their own dwelling spaces, requires the elimination of unjustified differences in the scope of the disabled people rights and the list of costs to recover, and also needs to be adjusted, including the amounts of compensation. In this regard, the article considers it necessary to compensate such expenses to the disabled in full from the federal budget.

social security; social safety; dwelling space adjusting; disabled people; individual rehabilitation or habilitation program.