Priority areas of housing for citizens in conditions of war and postwar transformation

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State organization “V. Mamutov Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine”

PRIORITY AREAS OF HOUSING FOR CITIZENS IN CONDITIONS OF WAR AND POSTWAR TRANSFORMATION

Anastasiia Volkova

Candidate of Juridical Sciences,

Researcher of economic and

legal problems of urban studies

Abstract

housing need citizen right

The issue of providing citizens with minimal guarantees and ensuring the observance of socio-economic human rights becomes particularly relevant in the context of war and post-war transformation. Rights such as freedom of movement, pension and social security, employment, education, an adequate standard of living, housing, equality, and protection against discrimination, among many others, have become critically vulnerable. The war has only intensified the burden and responsibility of the state in implementing effective measures necessary to achieve the goal of protecting these rights. The focus is placed on the housing sector in Ukraine, which has been in a crisis for an extended period. It is argued that the implementation of legal and practical measures by the state, necessary for the effective protection of the right to housing, has only partially occurred due to the armed conflict that unfolded in 2014 in Eastern Ukraine, leading to mass internal displacement of Ukrainian citizens within the country. The article establishes that full-scale military actions have further exacerbated the housing issues faced by citizens. In challenging circumstances, the impact of war should not only be on the basic needs of individual citizens but also on the effective functioning of the entire state mechanism. War should not lead to a reduction in the level of protection of rights recognized by the European Social Charter, both within Ukraine and beyond its borders. Monitoring the restoration of destroyed or damaged housing at the community level, assessing the housing needs of citizens, and addressing other challenges require immediate attention at the state level. The article asserts that the focus of the state should be on creating new doctrinal approaches to housing provision based on international human rights standards and taking into account the best scientifically grounded practices and experiences of European countries. It emphasizes that the current housing needs have diversified, with temporary crisis accommodation during the period of housing recovery or the search for rented housing becoming increasingly relevant.

Keywords: housing, housing policy, armed conflicts, war, post-war reconstruction.

Introduction

The internal displacement that has persisted in Ukraine for the past nine years has fundamentally altered the lives of millions of people and necessitated an increased commitment from the state to protect their rights and freedoms.

During emergencies, such as armed conflicts, safeguarding civil, political, economic, social, and cultural rights is of paramount importance. Population displacement and the destruction of social infrastructure resulting from armed conflicts often significantly undermine access to education, employment, housing, healthcare, or other services essential for maintaining a dignified standard of living and securing means of livelihood.

Neglecting economic, social, and cultural rights during conflicts and other emergencies can lead to further human rights violations and, in turn, escalate into additional conflicts (Office of the United Nations High Commissioner for Human Rights, 2023).

International armed conflicts are regulated by the Geneva Conventions of 1949. These are four independent international treaties:

1. The Geneva Convention on the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (ratified on 03.07.1954, entered into force for Ukraine as an international treaty on 03.01.1955) (Organization of the United Nations, 1949a).

2. The Geneva Convention on the Amelioration of the Condition of the Wounded, Sick, and Shipwrecked Members of the Armed Forces at Sea (ratified on 03.07.1954, entered into force for Ukraine as an international treaty on 03.01.1955) (Organization of the United Nations, 1949b).

3. The Geneva Convention on the Treatment of Prisoners of War (ratified on 03.07.1954, entered into force for Ukraine as an international treaty on 03.01.1955) (Organization of the United Nations, 1949c).

4. The Geneva Convention for the Protection of Civilian Persons in Time of War (ratified on 03.07.1954, entered into force for Ukraine as an international treaty on 03.01.1955) (Organization of the United Nations, 1949d).

The adoption of the aforementioned conventions took place on August 12, 1949, in Geneva, Switzerland, during the Diplomatic Conference attended by representatives of over 60 countries worldwide. Today, all countries worldwide participate in the Geneva Conventions of August 12, 1949, and the Conventions, along with their Additional Protocols, form the foundation of international humanitarian law.

Denial or disregard of the fundamental norms declared in these conventions places a state beyond the bounds of civilized society. The actions of individuals, when qualified as war crimes alongside aggression, genocide, and crimes against humanity, are considered international crimes and fall under the jurisdiction of the International Criminal Court.

The Geneva Conventions of 12 August 1949 are in force together with three Additional Protocols:

1. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), of 8 June 1977 (Organization of the United Nations, 1977a).;

2. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), of 8 June 1977 (Organization of the United Nations, 1977b.).

3. Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Adoption of an Additional Distinctive Emblem (Protocol III) (Organization of the United Nations, 1949e).

Each Additional Protocol is an independent international treaty that involves a distinct procedure for a state party to accede to it, as outlined by the participating states of the Geneva Conventions. The level of state participation in the Additional Protocols is lower than in the 1949 Geneva Conventions.

International humanitarian law is applicable in times of armed conflict and is established by states specifically to impose certain limits on violence during war, mitigate suffering, and protect the victims of war. In light of the above, by ratifying the Geneva Conventions and Additional Protocols, Ukraine assumes legal obligations under these documents not only as a “High Contracting Party” but also as a subject of customary international law. This is because, in situations of armed conflict, both international human rights law and international humanitarian law are applied.

In today's complex circumstances, the impact of war should not only affect the livelihood of individual citizens but also the effective functioning of the entire state machinery. War should not lead to a reduction in the scope of protection of rights recognized by the European Social Charter, both within Ukraine and beyond its borders. One such right, enshrined in the European Social Charter, is the right to housing.

Literature review

Numerous scientific works are dedicated to the overall issue of citizens' housing provision. However, the legal regulation of housing provision for citizens is addressed in these works prior to the mass internal displacement of Ukrainian citizens in 2014. Considering the foregoing, the author contends that research conducted before 2014 has become outdated and necessitates reexamination in light of contemporary events. The full-scale military actions have intensified the scholarly activity on housing provision for citizens, yet these publications often lack a comprehensive scope. The majority of these studies predominantly focus on illuminating international experiences in forming housing systems or practices of providing citizens with social housing. In light of the above, this study remains relevant and calls for further exploration in subsequent academic publications.

Materials and methods

In addition to general scientific research methods such as analysis, synthesis, analogy, generalization, and forecasting, the author employed specific methodologies, including data analysis, statistical methods, and comparative analysis. These were used to underscore the fundamental impact of full-scale military actions on the issue of citizens' housing provision. Extensive destruction or damage, including to civilian residential buildings, and as a consequence, the loss or damage of housing for a significant portion of the population, are characteristic features of any war. All these methods contribute to delineating the overall picture and the issues surrounding citizens' housing provision in the context of war and post-war transformation. The method of systems analysis facilitated the identification of the interrelationship between the right to housing, citizenship, and the state in times of war. It is established that full-scale war further exacerbates the challenges related to citizens' housing provision. Monitoring the restoration of destroyed or damaged housing at the community level, assessing citizens' housing needs, and addressing many other challenges currently demand immediate attention at the state level.

Results and discussion

With the aim of ensuring the effective realization of the right to housing, the Parties to the European Social Charter commit to taking measures focused on:

1. Facilitating access to housing of an appropriate standard;

2. Preventing homelessness and reducing it with the gradual aim of its elimination;

3. Establishing housing prices that are affordable for low-income individuals (Council of Europe, 1996).

According to the practice of the European Committee of Social Rights, the effective realization of the right to housing requires positive intervention by the state. The state must implement legal and practical measures that are necessary and correspond to the goal of effectively protecting the right. As stated in the decision in the case of the Association “Autism-Europe,” the measures taken must meet three criteria: (1) reasonable timelines, (2) measurable progress, and (3) funding commensurate with the maximum use of available resources. During times of war, the rights guaranteed by Article 31 of the European Social Charter become increasingly crucial for their recipients (Smush-Kulesha et al., 2022).

The social contract between the state and society, wherein the state undertakes the obligation to create conditions under which every citizen should have the opportunity to have adequate, quality, comfortable, and, most importantly, affordable housing, has long been part of the housing policy of many developed countries worldwide. Article 47 of the Constitution of Ukraine guarantees the right of everyone to housing (Verkhovna Rada of Ukraine, 1996). It is the state's responsibility to create conditions under which every citizen can build, acquire, or lease housing. However, the crisis in the housing sector and housing policy in Ukraine necessitates a comprehensive review of the entire legal framework for citizens' housing provision. In the author's view, the state's implementation of legal and practical measures necessary for the effective protection of the right to housing has occurred partially only due to the armed conflict in Eastern Ukraine in 2014, leading to mass internal displacement of Ukrainian citizens within the country.

No European country faces as many challenges in the field of housing provision as the state of Ukraine does currently. The effective response to these challenges is the primary task of our state. The focus of the state should be on creating new doctrinal approaches to housing provision, based on international human rights standards and taking into account the best and scientifically grounded practices and experiences of European states. This has been repeatedly emphasized by expert circles.

Mr. Maciej Yanchak, Head of the Council of Europe Office in Ukraine, during an onsite meeting of the Working Group on Improving the Basic Principles of Housing Policy (held on November 23-24, 2023, as part of the Council of Europe Project “Promoting Housing Solutions for Persons Affected by the War in Ukraine,” jointly with the Ministry of Community Development, Territories, and Infrastructure of Ukraine), noted that the ongoing lack of security combined with the destruction of buildings and infrastructure could result in people remaining displaced for an extended period ( Council of Europe,2023). It is crucial to clearly understand that the realization of the right to affordable housing is closely linked to the exercise of other human rights, such as the right to freedom of movement and choice of residence, the right to protection against interference in private life and housing, the right to education, and so on. The presence of effective mechanisms for implementing state housing policy is a guarantee for addressing a range of social and economic issues for citizens.

As of mid-June 2023, Ukraine had registered 4,871,807 internally displaced persons (hereafter IDPs), with 60% being women and 40% men. Every fifth among the registered IDPs (21.6%) is a child aged under 17. The same percentage applies to individuals older than 65. The war forced even 700 people aged 100 and older to leave their homes ( Ukrinform, 2023a). However, according to officials' estimates, the actual number of IDPs is significantly higher, as approximately 2 million citizens, though subjected to forced displacement, did not register as IDPs for various reasons (Ukrinform, 2023b).

The accounting number of IDPs is dynamic and does not always correspond to the real situation. According to the International Organization for Migration, as of May 25, 2023, there were 5.1 million IDPs in Ukraine. Overall, 50% of all IDPs are concentrated in just five regions of Ukraine, with the highest estimated number of actual IDPs present in the Kharkiv and Dnipro regions (approximately 689,000 and 625,000 IDPs, respectively). Seven percent of all IDPs (around 353,000 individuals) had previously left Ukraine, returned to the country, but remained internally displaced (International Organization for Migration,2023a).

Extensive destruction or damage, including civil residential buildings, and as a consequence, the loss or damage to the housing of a significant part of the population, is a characteristic feature of any war. Ukraine faced these challenges as early as 2014. The full-scale war further intensified the issue of housing provision for citizens. Monitoring the restoration of destroyed or damaged housing at the community level, assessing citizens' housing needs, and many other challenges currently require immediate resolution at the state level.

Even before full-scale warfare, one of the problems repeatedly highlighted by the author was the absence at the state level of official information on the housing needs of IDPs. Today, this issue requires a comprehensive solution, as not all citizens have acquired IDP status and are in need of housing. It is also essential to consider the housing needs of citizens whose homes were destroyed or require repair.

The figures reflecting the damages incurred by the military actions on the housing stock and infrastructure of Ukraine are staggering. As of September 1, 2023, the total amount of documented direct damages to Ukraine's infrastructure caused by full-scale military operations has risen to $151.2 billion (based on replacement cost). The ongoing destruction of residential buildings, educational institutions, and infrastructure due to the war contributes to the increasing overall damage. Compared to June 2023, the direct damages have increased by over $700 million, from $150.5 billion to $151.2 billion (Kyiv School of Economics, 2023a).

According to the Kyiv School of Economics Institute (hereafter KSE Institute), as of the end of May 2023, the direct damages inflicted on Ukraine's housing stock due to the war amount to over $54 billion. This constitutes more than one-third of the total direct damages to Ukraine's infrastructure and assets, as calculated by the KSE Institute analytical team. Of the total direct damages to the housing stock, the lion's share--$46.6 billion--results from the destruction and damage to multi-apartment buildings. The latest data indicate that a total of 18.6 thousand such buildings were affected: 13.2 thousand were damaged, and 5.4 thousand were completely destroyed. Over $7 billion in direct damages is attributed to the destruction and damage of private houses, which now number over 144 thousand, with nearly 59 thousand being destroyed. Additionally, 345 dormitories were affected by hostilities, with estimated direct losses of $0.5 billion. The cumulative number of damaged housing objects as of June 2023 exceeds 163 thousand. The total area of damaged or destroyed objects is 87 million square meters, constituting 8.6% of Ukraine's total housing stock area. Regions most severely affected in terms of housing stock destruction are Donetsk, Luhansk, Kharkiv, Kyiv, Mykolaiv, and Chernihiv. In the capital, during the period of the full-scale invasion, 454 residential buildings were destroyed or damaged, with the damages amounting to $734 million (Kyiv School of Economics, 2023b).

Considering that the count of destroyed or damaged housing increases daily, an accurate tally of such housing is currently challenging. In June 2022, the Ministry of Community and Territory Development of Ukraine issued an order for the development of a monitoring system for damages and destruction, which should include information on residential and public structures.

Concerning legislative initiatives aimed at addressing housing issues for citizens, it is noteworthy that last year the National Council for Recovery of Ukraine from the Consequences of War, which is an advisory body to the President of Ukraine, developed the Ukraine Recovery Plan (hereafter the Plan) in accordance with the Presidential Decree of April 21, 2022, No. 266/2022 (The Cabinet of Ministers of Ukraine, 2023a). The Plan's horizon extends to the year 2032, and its implementation cost was estimated at $750 billion.

The Plan envisions the post-war recovery of Ukrainian cities and villages as a comprehensive process designed to ensure modernization and further development over the next decade. New challenges related to the war, such as providing balanced resettlement for internally displaced persons, relocating businesses and enterprises across all regions of the country, and creating a socially oriented business environment as a prerequisite for community economic development, are intended to be combined with the adoption of the best and most modern global approaches and practices in urban planning, architecture, and UN Sustainable Development Goals. Human-centric approaches, rational spatial planning, ensuring a balance between resettlement and job opportunities, sustainable urban mobility, inclusivity, energy efficiency, environmental friendliness, and numerous other contemporary development trends are expected to guide this significant recovery.

Among the key principles underpinning the Plan, the following are highlighted:

- Immediate commencement and gradual development;

- Incremental development of fair prosperity;

- Integration into the EU;

- Building back better at the national and regional levels;

- Stimulating private investments (Restoration of Ukraine, 2023).

The plan consists of 23 sections developed by respective working groups. One such section is titled “Construction, Urban Development, Modernization of Cities and Regions of Ukraine” and is coordinated by the Ministry of Community Development, Territories, and Infrastructure of Ukraine. Despite the extremely critical state of the housing sector, housing as a category was not explicitly mentioned in the title of the aforementioned plan section, causing some concern for the author. Ensuring citizens' housing needs in conditions of war and post-war recovery requires a separate block and the development of a corresponding concept.

The aforementioned section of the plan includes an introductory part (general vision, key principles, overall analysis) and four chapters (each covering from four to six issues): 1) recovery and stimulation of regional development; 2) regulation in construction; 3) housing, energy efficiency, civil protection; 4) infrastructure of life support systems. For each issue, a goal is established, corresponding to objectives for three time intervals: one, three, and ten years, with defined measures and measurable indicators of achievement.

The section “Housing, Energy Efficiency, Civil Protection” outlines six issues, but the author has focused attention only on the first three, which constitute the subject of this study. Specifically: 1) destroyed and damaged housing; 2) a portion of the population lacking housing and resources for its provision; 3) inefficient maintenance and servicing of multi-apartment buildings.

In general, the aforementioned section, concerning the outlined issues, sheds light on a considerable number of questions that require resolution. However, many of these issues existed prior to the development of the Plan, and they have been emphasized in expert circles. Analyzing the mentioned problems, the following points should be noted:

- The purpose of addressing the issue of destroyed and damaged housing is its restoration or compensation if restoration is deemed impractical. The author believes that implementing this solution will be complicated by the lack of funding, especially given the significant volume of destroyed and damaged housing. The involvement of multiple ministries in the formation and implementation of housing policy today may lead to the fragmentation of housing policy. Moreover, in not all cities where housing has been destroyed or damaged, restoration may be feasible.

- The Plan's goal is to provide housing for internally displaced persons (IDPs) and individuals whose housing has been damaged, leaving aside those who had no housing and resources for its provision.

- The Plan's task for 2022 was to identify the housing needs for temporary residence of IDPs and individuals whose housing was damaged. However, these data are currently unavailable.

- The Plan also documented the need for the development of non-profit housing through the creation of stable and viable non-profit municipal housing funds and/or municipal housing enterprises in urban communities in Ukraine with effective and sustainable economic budgets. However, there is no clear plan for implementing this idea.

- There is a lack of prioritization for the restoration of damaged infrastructure objects and housing stock.

In the context of declining revenues to the state budget and the absolute unpredictability of the timeline for the conclusion of military operations, the practical implementation of the Plan's measures is particularly acute. Currently, a situation has emerged where the majority of the country's population is becoming increasingly vulnerable, and resources, including financial ones that would enable people to “survive” without external assistance, are gradually depleting. Overall, among internally displaced persons (IDPs) who were employed before the war, 60% have lost their jobs since displacement (since February 2022) (International Organization for Migration, 2023b).

We believe that housing policy in the conditions of war and post-war transformation should involve the implementation of effective and efficient housing programs. The main goal should be the rapid restoration not only of the housing stock but also of the infrastructure, addressing social, economic, and environmental issues comprehensively.

Returning to the question of compensation for destroyed housing, it is necessary to note that significant legislative work has been done in this direction. Currently, the issue of compensation for destroyed housing is regulated by the following legislative acts: Law No. 2923-IX dated February 23, 2023, “On Compensation for Damage and Destruction of Certain Categories of Real Estate Due to Hostilities, Terrorist Acts, Sabotage, Caused by Armed Aggression of the Russian Federation against Ukraine, and the State Register of Property Damaged and Destroyed Due to Hostilities, Terrorist Acts, Sabotage, Caused by Armed Aggression of the Russian Federation against Ukraine” (hereinafter referred to as Law No. 2923) (Verkhovna Rada of Ukraine, 2023), and the Cabinet of Ministers of Ukraine Resolution No. 600 dated May 30, 2023, “On Approval of the Procedure for Providing Compensation for Destroyed Real Estate Objects” (hereinafter referred to as Resolution No. 600) (The Cabinet of Ministers of Ukraine, 2023b).

If Law No. 2923 establishes the general legal and organizational principles for providing compensation for damage and destruction of certain categories of real estate due to hostilities, terrorist acts, sabotage caused by armed aggression of the Russian Federation against Ukraine, from the date of the introduction of martial law in Ukraine, Resolution No. 600 directly approved the procedure and algorithm for awarding compensation.

Cabinet of Ministers of Ukraine Resolution No. 380 dated March 26, 2022, “On the Collection, Processing, and Registration of Information on Damaged and Destroyed Real Estate Due to Hostilities, Terrorist Acts, Sabotage Caused by Military Aggression of the Russian Federation” (The Cabinet of Ministers of Ukraine, 2022a). (hereinafter referred to as Resolution No. 380) introduced the collection and registration of information on real estate damaged and destroyed due to hostilities, terrorist acts, sabotage caused by military aggression of the Russian Federation. Resolution No. 380 also approved the Procedure for submitting informational notifications about damaged and destroyed real estate due to hostilities, terrorist acts, sabotage caused by military aggression of the Russian Federation (hereinafter referred to as Procedure No. 380) to further apply mechanisms for restoring violated property rights of individuals. Cabinet of Ministers of Ukraine Resolution No. 505 dated April 29, 2022, “On Amendments to Resolutions of the Cabinet of Ministers of Ukraine dated March 20, 2022, No. 326 and dated March 26, 2022, No. 380” (The Cabinet of Ministers of Ukraine, 2022). made changes to Procedure No. 380 and envisaged the creation of the State Register of property damaged and destroyed due to hostilities, terrorist acts, sabotage caused by military aggression of the Russian Federation, to ensure the collection, accumulation, accounting, processing, storage, and protection of information about damaged and destroyed real estate. Cabinet of Ministers of Ukraine Resolution No. 624 dated June 13, 2023, approved the Procedure for maintaining the State Register of property damaged and destroyed due to hostilities, terrorist acts, sabotage caused by armed aggression of the Russian Federation against Ukraine (The Cabinet of Ministers of Ukraine, 2023c).

As of September 27, 2023, information on 213,000 affected objects has been entered into the Register of damaged and destroyed property. The leaders in the number of registered objects are Kharkiv (26,000), Kyiv (20,000), and Donetsk (20,000) regions. The fewest applications are submitted in Ternopil, Zakarpattia, and Chernivtsi regions. According to the Chair of the Committee on the Organization of State Power, Local SelfGovernment, Regional Development, and Urban Planning, Olena Shuliak, the number of applications for compensation continues to increase. As of September 10, Ukrainians submitted 42,000 applications, and by September 27, it increased to 46,000. In three weeks, the number of applications increased by almost 10%. However, the processing pace of applications by commissions has significantly accelerated, and as of September 27, half of the submitted applications (23,000) had already been processed.

The number of approved compensation applications has significantly increased by 30% in almost three weeks. As of September 10, 2023, there were 13,000 approved applications, and by September 27, 2013, it had risen to 17,000. The total approved compensation amount has also grown by 23%, from 1.148 billion UAH on September 10, 2023, to 1.417 billion UAH on September 27, 2023. During the period from September 10 to September 27, 2023, the number of compensation applications for destroyed real estate increased by 27%, with 2,900 applications on September 10, 2023, and 3,685 on September 27, 2023. A total of 82 housing certificates have been issued since the beginning of the “eRecovery” (Ukrainian: “yeVidnovlennia”) phase (the government assistance program for owners of damaged or destroyed housing due to hostilities). The average certificate amount, which can be exchanged for a new apartment or used for building a new private house, is 1,444,000 UAH.

However, the number of denied compensation applications has significantly increased. While there were only 12 denials as of September 10, 2023, there were 138 by September 27, 2023. As of early September 2023, the state has already disbursed one billion UAH to applicants under the compensation program for damaged or destroyed housing. This pertains to compensations for repairs to apartments and houses, where the restoration cost does not exceed 200,000 UAH (Shulyak, 2023). Despite the ongoing hostilities in Ukraine, the country's recovery process has already commenced.

In the context of this study, it is essential to address certain aspects of providing citizens with temporary housing. In cases where housing is destroyed or damaged, or individuals have moved from areas of active hostilities or occupied territories, they have the right to temporary housing. However, it must be acknowledged that until 2022, there was a practical shortage of such housing for the displaced persons themselves. Despite numerous funding programs, provisions for temporary and social housing, government compensation initiatives for damaged or destroyed housing, and financing efforts, these were clearly insufficient to address the issue, considering the large number of individuals in need of such housing. Unfortunately, it is evident that Ukraine cannot currently resolve this matter independently without active involvement from international organizations and partners, both financially and in other aspects.

Today, the discussion extends to the diversification of housing needs. Temporary crisis accommodation during the period of restoring damaged housing or searching for rented accommodation has become relevant. Despite the numerous challenges currently facing the state, positive dynamics in terms of housing provision for citizens are still occurring.

To ensure housing for displaced persons, active collaboration occurs between the authorities at various levels and the State Property Fund of Ukraine (hereafter referred to as SPF). In each region, the SPF provides a list of state-owned properties that can be utilized for accommodating internally displaced persons (IDPs). For instance, in the Cherkasy region, there are 481 state-owned properties, including dormitories, hotels, sports halls, etc., with a total area of 740.8 thousand square meters. The SPF encourages local authorities to explore all possibilities for housing displaced persons, including the transfer of residential real estate objects that currently remain in state ownership and are not subject to privatization into communal ownership. Among such properties are numerous apartments that could be used for accommodating displaced persons. This action would enhance the local authorities' capabilities in addressing the housing issues of the displaced. The SPF also collaborates with charitable organizations that lease state-owned properties for accommodating displaced persons. Once the lease expires, the properties are returned to the SPF in a renovated state, making them financially attractive investments (State Property Fund of Ukraine, 2023).

Conclusions

In summary, it is essential to note that the issue of the state ensuring citizens' minimum guarantees for the observance of socio-economic human rights becomes particularly pertinent in the context of war and post-war transformation. Rights such as freedom of movement, pension and social security, employment, education, an adequate standard of living, housing, equality, and protection against discrimination, among many others, have become critically vulnerable. The war has only intensified the burden and responsibility of the state in implementing effective and efficient measures necessary for the goal of protecting these rights.

Recommendations. The issue of housing provision for citizens in the context of war and post-war transformation presents a multitude of challenges, necessitating the refinement of existing mechanisms and the development of new ones. Today, it is crucial to legislatively establish an anti-crisis mechanism for fulfilling the state's duty to provide housing for citizens. Urgently needed is the monitoring of available temporary housing and the determination of the number of citizens in need of such accommodation. We consider it advisable to develop and implement a unified online platform regarding the availability of free and affordable housing for citizens who need it and have a right to it. Considering the developed mechanisms for compensation for destroyed or damaged houses, it is imperative to explore possible options and mechanisms for securing financial support from international donors and organizations. Given the extensive damage to housing, the involvement of civil and/or international organizations is necessary to expedite the assessment of the priority of buildings requiring reconstruction.

Monitoring the restoration of destroyed or damaged housing at the community level, facilitating access to housing solutions at the local level through needs assessments, and addressing many other tasks must be resolved at the state level. The scope of issues addressed in this scientific research is challenging to encompass within the confines of a single work. Consequently, further scientific exploration will be pursued within the framework of other research projects.

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18. Verkhovna Rada of Ukraine (2023). On compensation for damage and destruction of certain categories of immovable property as a result of hostilities, terrorist acts, sabotage caused by the armed aggression of the Russian Federation against Ukraine, and the State Register of property damaged and destroyed as a result of hostilities, terrorist acts, sabotage caused by the armed aggression of the Russian Federation against Ukraine: Law of Ukraine. No. 2923-IX. Official Bulletin of Ukraine. No. 33. p. 1751.

19. The Cabinet of Ministers of Ukraine (2023b). On Approval of the Procedure for Providing Compensation for Destroyed Immovable Property: Law of Ukraine No. 600 dated 30.05.2023. Official Bulletin of Ukraine. 2023 No. 60. Art. 3382.

20. The Cabinet of Ministers of Ukraine (2022a). On the collection, processing and accounting of information on damaged and destroyed real estate as a result of hostilities, terrorist acts, sabotage caused by the armed aggression of the Russian Federation against Ukraine: Resolution of the Cabinet of Ministers of Ukraine No. 380. Official Bulletin of Ukraine. 2022. No. 8. Art. 1539.

21. The Cabinet of Ministers of Ukraine (2022b). On Amendments to Resolutions of the Cabinet of Ministers of Ukraine No. 326 and No. 380: Resolution of the Cabinet of Ministers of Ukraine No. 505. Official Bulletin of Ukraine. No. 39. Art. 2089.

22. The Cabinet of Ministers of Ukraine (2023c). Some issues of ensuring the functioning of the State Register of Property Damaged and Destroyed as a Result of Hostilities, Terrorist Acts, Sabotage Caused by the Armed Aggression of the Russian Federation against Ukraine, Resolution of the Cabinet of Ministers of Ukraine. No. 624. Official Bulletin of Ukraine. No. 61. Art. 3437.

23. Shulyak O. (2023). The number of applications for which compensation was agreed for property damaged by the war increased by a third. The official web portal of the Servant of the People political party. Retrieved from: https://sluga-narodu.com/ kilkist-zaiavok-za-iakymy-pohodyly-kompensatsiiu-za-poshkodzh Retrieved from: https://www.ne-viynoiu-mayno-zrosla-na-tretynu-olena-shuliak-infohrafika/

24. State Property Fund of Ukraine (2023). The State Property Fund provides effective tools to provide housing for internally displaced persons. Unified web portal of executive authorities of Ukraine. Retrieved from: https://www.kmu.gov.ua/news/ fond-derzhavnoho-maina-nadaie-diievi-instrumenty-dlia-zabezpechenniazhytlom-vymushenykh-pereselentsiv#:~:text=%D0%A4%D0%BE%D0%BD%D 0%B4%20%D0%B4%D0%B5%D1%80%D0%B6%D0%B0%D0%B2%D0%BD%D0 %BE%D0%B3%D0% BE%20%D0%BC%D0%B0%D0%B9%D0%BD%D0%B0%20 % D 0 % A3 % D 0 % B A% D1 % 8 0 % D 0 % B 0 % D1 % 9 7 % D 0 % B D % D 0 % B 8% 2 0 %D0%B0%D0%BA%D1%82%D0%B8%D0%B2%D0%BD%D0%BE,%D0%92%D0%9F %D0%9E%20%D0%A3%D0%BA%D1%80%D0%B0%D1%97%D0%BD%D0%B8%E2% 80%9D%20%D0% B2%20% D0%A7%D0%B5%D1 %80%D0%BA%D0%B0% D1%81% D1 - %8C%D0%BA%D1%96%D0%B9%20%D0%BE%D0%B1%D0%BB%D0%B0%D1%81% D1%82%D1%96.

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