The Institute of property rights protection in administrative law

Abstract

The article is devoted to the study of the institution of property rights protection in administrative law. The legal institute of property rights protection in administrative law is considered as a set of administrative and legal norms regulating homogeneous social relations related to the protection of property rights. In the system of administrative law, they form an independent separate group, permeated with internal unity, with a common goal - to ensure a holistic effective regulation of social relations related to the protection of property rights, which allow for the possibility of applying to an individual or legal entity measures of administrative liability for the commission by that person of offenses encroaching on property.
 It is established that: 1) the institute of property rights protection, as a systemic, integral entity, is a unity of naturally arranged and interrelated elements, to which we have referred the sources, objects of legal relations, as well as special entities whose activities are aimed at organizing appropriate protection of property rights through the use of administrative and legal measures and means; 2) the institute of property rights protection in administrative law operates with universal administrative and legal measures and means. This universality lies in the fact that they combine the «power» of the State structures with which they are usually associated, and which involve the direct application of various measures of State coercion with a preventive effect. Their combined use makes it possible to protect property rights at the sectoral level in the most complete and comprehensive manner.
 It is stated that the State regulation of property rights protection in Ukraine belongs to a wide range of relations which are the subject matter of both civil, criminal and administrative law. The legal system of Ukraine has created a whole range of institutions for the protection of property rights. Taken together, they form the legal basis for state property protection. At the same time, the use of administrative and legal measures and means by the executive authorities in the course of property rights protection is the most effective in terms of the ratio «funds spent - results obtained from their use».