Property rights to others' property in the context of updating the civil legislation of Ukraine

Abstract

Ukraine has constitutionally established its European integration aspirations, and therefore ensuring effective and proper legal regulation of property rights to other people's property in the context of updating the civil legislation of Ukraine are important issues. Carrying out reforms in the context of European integration processes is intended to change and improve approaches to both the grounds for acquisition and termination of real property rights. Therefore, it is appropriate to identify trends in their development, taking into account proposals for their reform, since any significant change in this area will inevitably lead to a new quality of legal regulation of the studied relations. Regulation of property rights to other people's property should be carried out taking into account the impact on this sphere of legal relations of the "normative content" of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their member states, on the other hand.
 It has been expressed in the article a position on certain aspects of the legal regulation of the acquisition of ownership by acquisitive prescription, servitude, emphyteussis, superficies, acquisition or preservation of property without sufficient legal grounds. The issue of proper legal regulation of forced termination of rem rights to property has become especially relevant in modern conditions. Therefore, special attention has been paid to requisition as a basis for terminating real property rights.
 The author concluded that the departure from the concept of the absoluteness of property rights was dictated by the change and expansion of the list of property rights, which in the modern period cannot be considered closed. The Civil Code of Ukraine emphasizes that other property rights to other people's property may be established by law. Interpreting this provision, one can come to the conclusion that the list of property rights defined in Art. 395 of the Civil Code of Ukraine is established by law, and not by agreement of the participants in property relations.