Peculiarities of property rights protection, their specific application to objects

Abstract

The article examines the issue of the specifics of the protection of property rights, the specifics of their application to objects.
 Article 13 of the Constitution of Ukraine declares that the fundamental principle of in the field of protection of property rights there is a provision that the state provides equal protection of all subjects of property rights. In recent years, the question of protection of property rights has gained important theoretical and practical importance. The analysis of modern judicial practice shows that there is no unified position of judicial bodies on the resolution of disputes related to the violation of property rights. Courts of general jurisdiction and commercial courts, when considering disputes related to the protection of violated rights, ambiguously apply the norms of current legislation, therefore, the uncertainty of judicial authorities in the matter of the uniform application of the provisions of civil law to disputes of this category leads to the violation of the constitutional rights of owners.
 It is emphasized that the protection of property rights is a complex of civil legal means, which are aimed, on the one hand, at ensuring the normal economic use of property and maintaining property rights in an intact state, and, on the other hand, at restoring violated property relations, overcoming obstacles to their normal functioning and compensation for damages caused to the owner.
 As a conclusion, it is said that the protection of property rights acts as an independent subjective right that arises at the moment when there is a threat of its violation or dispute. This right includes powers, each of which involves the active implementation of positive actions.
 In the field of legal relations related to the protection of property rights, the objects of protection are directly the rights to certain objects. It is these rights that can be violated by other persons, and it is for their protection that the civil law provides for various means that a person can use to protect his violated or disputed rights, which are subject to protection by the law of interests.
 Subjects of legal relations related to the protection of property rights are, on the one hand, persons who have property rights to a specific object, and persons who retain property in accordance with relevant contracts or laws, and who, accordingly to legal norms, have the right to demand protection of their violated subjective rights. On the other hand, these are persons whose actions led to the unlawful violation of subjective rights to property objects.