Constitutional guarantees and legal protection of the right to housing under the conditions of the full-scale armed aggression of the Russian Federation against Ukraine: between law and reality

This article explores the transformation of Ukraine’s legal policy in the field of housing rights under the conditions of the armed aggression of the Russian Federation, with a particular emphasis on the protection of the housing rights of internally displaced persons (IDPs) and other property owners affected by the war. The study outlines how the full-scale invasion by the Russian Federation in 2022 became a factor that significantly altered the regulatory framework for guaranteeing the constitutional right to housing. It analyzes the process and consequences of the development and implementation of new institutional mechanisms that the state, having lost the ability to guarantee the inviolability of housing in regions affected by hostilities or temporary occupation, introduced since 2022. Additionally, the article assesses the extent to which the implemented legal instruments are capable of compensating material losses and ensuring the protection of the rights of vulnerable population groups. The object of the study is the regulatory framework and law enforcement mechanisms for ensuring housing rights under martial law. The article argues that under conditions of armed aggression, the state’s ability to realize the right to housing for vulnerable categories of persons who have lost access to or ownership of their property is both a core objective of state housing policy and a key indicator of the public authorities’ institutional effectiveness during wartime. The study focuses on the examination and analysis of mechanisms such as the creation of the Information and Analytical System of Real Estate Objects for Providing Housing to IDPs, the launch of a digital platform for reporting damaged and destroyed real estate via the “Diia” application, legal innovations in compensation procedures, and the introduction of the housing certificate model. Furthermore, the article highlights the specificities of Ukraine’s cooperation with international partners aimed at mobilizing funding for housing provision. For the first time, drawing on a comprehensive analysis of domestic and foreign academic research as well as legislative initiatives undertaken by Ukraine’s public authorities, the article examines the progress, practical outcomes, and existing gaps in the mechanisms for developing and implementing state housing policy after 2022. The article contends that despite tangible achievements in building the regulatory framework and adapting key digital services, the protection of housing rights in areas affected by hostilities remains fragmented. In particular, compensation procedures for damaged and destroyed real estate, mechanisms for remote verification of destruction, and — until the end of 2024 – a unified system for reconciling IDP registration data with the housing stock available for IDP use, remain inconsistent or underdeveloped. The novelty of this study lies in the systemic evaluation of legislative initiatives, the challenges related to the functioning of state electronic registries and official digital services, as well as the institutional aspects of the allocation of responsibilities among public authorities in the field of housing rights provision. The study provides an assessment of the implementation of housing certificates and other compensation mechanisms for damaged and destroyed real estate, the digitalization of procedures for submitting and reviewing compensation claims, the synchronization between the system for registering internally displaced persons and the system for recording real estate assets used to provide housing for this category of citizens. The conclusions reached through this assessment represent a novel addition to academic research. It is emphasized that effective and coherent development of the legal framework and enforcement mechanisms serves as evidence of the state’s readiness to restore sovereignty over occupied territories – in practice, this is reflected in ensuring access to compensation mechanisms for affected individuals, regardless of which party to the conflict currently controls the relevant territory. The findings of this study allow for an assessment of the current effectiveness of legal protection of the right to housing under the conditions of the Russian-Ukrainian war, while also offering directions for improving Ukraine’s legal policy in this field. In particular, the article outlines the need for further legislative elaboration of remote damage verification procedures, diversification of funding sources for compensation mechanisms, and the continued digitalization of housing rights protection processes for IDPs. The arguments and evaluations presented in the article have practical relevance in shaping post-war recovery strategies, especially for institutions responsible for compensation mechanisms and future policy development in the examined area.