Защита имущественных прав несовершеннолетних: анализ системности правоприменительной практики

Abstract

Introduction: the problem of protecting the property rights of minors is currently one of the most urgent in civil and family law. Due to the lack of full capacity and insufficient level of psycho-physiological development, children cannot protect their violated property rights on their own. For this reason, this function is assigned to their legal representatives. At the same time, persons who are obliged to protect the property rights of children do not always act in their interests. In this regard, the authors set a goal: based on the analysis of materials of the judicial practice, to identify the circumstances in which the property interests of minors are violated and the problems of bringing to justice persons who have committed such acts. Results: the features of the judicial consideration of cases on the protection and restoration of violated property rights of minors are investigated, the absence of legislative consolidation of the responsibility of persons who have violated the property rights of children, allowing the judicial authorities to apply a sanction commensurate with the illegal act, is established. Conclusions: based on the analysis of the legislation and materials of the judicial practice, the problems of protecting the property rights and legitimate interests of minor children are formulated. Based on the results of the study, the authors have proposed recommendations for improving the legislation.