The article deals with topical issues of mortgage agreements, according to which the mortgage is transferred to the mortgage, the right of use of which are underage children, and the study of problematic issues of further recourse to such housing. As a result of resorting to a comprehensive interpretation of individual regulations and court decisions, the degree of legal uncertainty that coexists with such terminological term as “Housing for children to enjoy” has been investigated. The article contains a study of the norms of the law that ensure the realization of the child's right to use the mortgaged property, which in particular concludes that the legislator has identified sufficiently specific restrictions on the rights of parents to dispose of real estate (housing) to which they are entitled to use to the child. It is also noted that the permission of the guardianship authority is required not only if the child is the co-owner of the real estate, but also if there is only registration of the child in the accommodation. Attention is drawn to the fact that the very fact of registration of a child in residential real estate (when the child is not even a co-owner) already speaks of the need for obtaining the permission of the guardianship authority. After all, such actions (deeds) of parents, which by their essence limit the property rights of the child, can in no case be carried out without the permission of the guardianship and guardianship bodies. But if the guardianship authority has been granted permission to enter into a mortgage agreement, which provides for the mortgagee's right to satisfy his claims by selling the mortgage / acquisition of title to it, it means that such authority simultaneously consented to and alienate such property upon the occurrence of the property provided for in such transaction. According to the results of the study, deficiencies in the legislative regulation of the above issues were identified and the risks of violating a child's right to use mortgaged housing were identified. This made it possible to provide guidance on the practical avoidance of situations where a mortgage agreement was invalidated due to a violation of children's rights. At the same time, Ukrainian legislation, some scientific works of scientists were analyzed, which made it possible to speak about insufficient level of attention of scientists to such problems as protection of the rights of the borrower (mortgagee) and members of his family - minor children and, at the same time, introduction of responsibility of parents in the sphere. violation of the rights of the child.
COMPLIANCE WITH THE PRINCIPLE OF LEGITIMATE EXPECTATIONS IN ISSUES OF COURT JURISDICTION OF CASES IN RELATION TO SECURING OF PROPERTY RIGHTS ON THE REAL ESTATE
