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The concept and legal content of the right of ownership to residential premises: Implications for human capital development
The right of ownership to residential premises represents a cornerstone of property law in civil lawjurisdictions, combining the principles of private autonomy with the socio-legal function of housing as a fundamental human need. This article examines the concept and legal content of residential ownershipwithin the framework of the Russian Federation’s legal system, while drawing comparative insights from international human rights standards and selected foreign jurisdictions. The study employs a doctrinal legal methodology, analyzing constitutional provisions, civil and housing legislation, judicial practice, and scholarly doctrine. It identifies the defining characteristics of residential ownership—possession, use, and disposal—and demonstrates how these rights are inherently limited by public law regulations due to the social purpose of housing. The article highlights the dual nature of residential ownership as both a private proprietary right and a socially conditioned legal institution, subject to restrictions related to tenant protection, communal living standards, urban planning, and co-ownership in multi-unit buildings. Special attention is given to the legal regime of common property, security of tenure, and the balance between individual rights and public interests. The research reveals that while the formal legal framework provides a comprehensive basis for the protection of residential ownership, challenges persist in judicial interpretation, enforcement, and adaptation to emerging housing models, including digital registration, shared ownership, and rental platforms. The findings contribute to the broader discourse on property law theory and housing policy, emphasizing the need for a balanced, rights-based, and adaptive regulatory approach. This article is of relevance to legal scholars, lawmakers, and practitioners engaged in civil, constitutional, and urban law.