Сучасні проблеми адміністративно-правового захисту прав та законних інтересів громадян України у сфері власності

Abstract

The article is devoted to the problem of defining modern problems of administrative and legal protection of the rights and legitimate interests of Ukrainian citizens in the field of property and theoretical justification of ways to solve them. It was established that the scientific study of issues of administrative and legal protection of the rights and legitimate interests of Ukrainian citizens in the field of property is an important condition for improving domestic legislation and the practice of its application. Special attention is paid to the impact of modern challenges and threats on the sphere of protection of property rights. It is argued that the entire system of public legal institutions, the modern system of administrative and legal protection should be aimed at guaranteeing human rights to own, use and dispose of their property. It is appropriate to include legal methods and means of preventing encroachments in the sphere of property as components of the administrative-legal protection of property rights; termination of administrative offenses encroaching on property rights; application of administrative liability measures to violators in accordance with the procedure established by law and compensation for the damage caused. It was emphasized that today there are quite frequent facts of violation of the rights and legitimate interests of citizens in the field of property. Such violations are related to the challenges of wartime, the problems of citizens realizing the right to own real estate and land plots, the bureaucratization of the procedures for registering the right to own land, the facts of "raider" seizure of property, the deprivation of single elderly people, convicted of crimes, orphans and others housing and other objects of property rights, the imperfection of the administrative-delict legislation and the system of state institutions that oppose offenses in this area, etc. Emphasis is placed on the change of legal approaches to determining the sub-department of consideration of cases on administrative offenses in the sphere of property. Special attention needs to be paid to the elimination of alternative sub-department of consideration of cases on administrative offenses in the field of property, duplication of functions of various authorities and officials in this field. Special attention is devoted to the formation of a strategy for increasing the effectiveness of the activities of bodies that are endowed with managerial and jurisdictional functions in the field of property, carry out the prevention of offenses committed in this field, due to the optimization of their structure, the development of new standards of interaction with citizens.