Зміст цивільно-правової охорони майнових прав внутрішньо переміщених осіб

Abstract

It has been proved that the protection of the rights of internally displaced persons is to provide such persons with a set of guarantees regarding the possibility of ownership and realization of their rights, as well as the possibility of protecting them, in case of their violation. In this regard, the legal protection of property rights and provision of the possibility of its implementation are considered at different levels: international and legal, national and local. The author has grounded the statement on the need to allocate two areas of protection of property rights of internally displaced persons: national and international. It has been concluded that the protection of property rights of internally displaced persons is carried out in two ways: public (as an element of the general system of ensuring law and order) and private (as a mean of the mechanism for providing and protecting the rights and legitimate interests of a person). The content of civil and legal protection of property rights of internally displaced persons has been determined in the article; and propositions for improving the legislation in the field of protecting property rights of these persons have been formulated. It has been indicated that the mechanism of civil and legal protection of property rights of internally displaced persons includes: development of theoretical principles of its construction; development and vindication of the integrity of draft regulations; harmonization of legislation that regulates property relations with the participation of internally displaced persons with international law; timely introduction of amendments and alterations to the current legislation in accordance with the undertaken obligations; creation of an appropriate infrastructure to ensure the effectiveness of legislation; educational work to promote the provisions of the legislation and the need of its compliance; prophylactic work to prevent the current legislation, legal rights and interests of the subjects of property rights; timely consideration of cases on violation of their rights, decision-making and their implementation.