СУЧАСНИЙ СТАН РОЗВИТКУ ТА ПРОБЛЕМАТИКА ІНСТИТУТУ РЕСТИТУЦІЇ У ЦИВІЛЬНОМУ ПРАВІ УКРАЇНИ

Abstract

This article is a scientific study that is directly related to determining the place of restitution, the range of its problems and forecasts for its further development in modern civil law of Ukraine. The article forms and provides us with a definition of the concept itself, which is considered, both in its general meaning and directly in the civil law aspect of it. In addition, the main features are characterized, the priority function of restitution is determined. Then, types of restitution, in particular bilateral and unilateral, are described. Their place in modern science and law, compared with what was before, also analyzed. The laws where restitution is directly mentioned is analyzed, the corresponding cases are specified. The article distinguishes in detail the concepts of restitution and vindication, describes the features of the last, in particular common and different for both of these concepts. Restitution is also considered as a category of international law in the context of relations between Ukraine and the European Union, formed an author's point of view on this issue, proposed ideas for solving problems and using European experience related to the development of restitution. The results of the research indicate the importance of restitution in civil law, summarize the range of its problems and suggest options for their solution and also describe the hopes for further development of the concept under consideration.