НЕКОТОРЫЕ АСПЕКТЫ ОПРЕДЕЛЕНИЯ СПОСОБОВ ЗАЩИТЫ ПРАВА СОБСТВЕННОСТИ НА НЕДВИЖИМОЕ ИМУЩЕСТВО

Abstract

The issues of choosing and determining the best ways to protect property rights to real estate remain relevant at the present time, the constant and rapid development of social relations and legal norms that are a reaction to social changes. At the same time, the mechanisms of legal regulation are being transformed in a significant way in order to effectively restore violated rights. As a result of the described protsesses, a situation occurs when it is difficult to determine not only the norm to be applied, but also the methods of restoring the violated law and order in relation to a specific person. This article is devoted to the problem of determining the appropriate ways to protect the ownership of real estate, based on the analysis of the law enforcement practice of arbitration proceedings and doctrinal developments on this topic. The author, using the example of specific court decisions, presents the approaches of a law enforcement officer in assessing the correctness of the chosen methods of protecting rights. The work done in the course of the study makes it possible to assess the importance of the correct choice of the type of claim that should be applied to the competent authorities in the combination of certain circumstances, for the effectiveness of judicial protection, the role of the first instance court in helping the parties to determine the correct and effective method of protection in specific circumstances. violated or contested right. The paper considers examples of the practice of courts considering economic disputes, according to the types of methods for protecting the rights to real estate of business entities, public law entities and other participants in arbitration proceedings. In addition, the article analyzes general and special rules for choosing the appropriate ways to protect subjective rights and legitimate interests.