Функція держави з охорони права власності: адмністртивно-правовий аспект

Abstract

The article is devoted to the problem of theoretical substantiation of the function regarding the protection of property rights and the definition of the administrative and legal basis for its implementation. Theoretical studies in this area are the key to making balanced practical decisions. Special attention is paid to the historical and philosophical and legal foundations of the formation of the state's function regarding the protection of property rights, the determination of the role of legislative support of this function at various historical stages of the formation of our state, the role of the state in the field of property in view of the historical realities of the past. It was established that with the declaration of Ukraine's independence there was a need to carry out radical structural changes in the sphere of property rights protection. The new economic conditions demanded the abandonment of the priority protection of the state form of property, the creation of public-law regulators that would effectively oppose encroachments on the right to own, use and dispose of property. The proper definition of the function of the state in the protection of property rights is proposed and the administrative and legal aspect of its implementation is reflected. The peculiarities of the regulatory and legal consolidation of this function in Ukraine and foreign countries are given. The concept of administrative-legal protection of property rights is defined and it is stated that the state has an obligation to create a system of legal methods and means for maintaining the regime of property rights protection. It was determined that the complex of administrative-legal orders regarding the performance of legally significant actions and legal prohibitions in the sphere of property determine the essence of the administrative-legal regime of protection in the sphere of property. Separate ways of protecting the rights and legitimate interests of citizens in the field of property are characterized. The priority tasks of the Ukrainian state within the framework of improving the administrative and legal support for the implementation of the function regarding the protection of property rights have been clarified.