Abstract
The right of ownership is recognized and protected by law in the Republic of Uzbekistan. Generally recognized principles, property rights, and freedom of contract are not strictly recognized. Which presuppose equality, autonomy of will and property independence of participants in civil law relations. Arbitrary interference in private affairs is not allowed. The freedom of ownership, use and disposal of property is conditioned, including the ability to alienate one's property into the ownership of other persons. Have their right to transfer property rights to someone, while remaining the owner, as well as their ownership rights, and the possibility of the right to use and dispose of. This article analyzes the concept and genesis of the origin of property rights, and also substantiates the importance of protecting this right by the judicial power of any state. The author has studied the constitutional foundations, regulatory and legal mechanisms for ensuring the protection of property rights by the court. According to the results of the analysis, relevant conclusions were drawn and proposals were developed.
Highlights
The problem of protection of fundamental human rights and freedoms is one of the universal ones – these are values, which are subject to priority protection in all spheres of public and state life
In the context of the implementation of the state’s policy of improving the activities of courts in the field of protecting rights and interests of private and legal persons, special importance is attached to judicial protection of property rights
Art. 19 of the Constitution of the Republic of Uzbekistan provides: “the rights and freedoms of citizens enshrined in the Constitution are inviolable, and no one can be arbitrarily deprived of it without a court order” [4]
Summary
The problem of protection of fundamental human rights and freedoms is one of the universal ones – these are values, which are subject to priority protection in all spheres of public and state life. In the general scale of humanitarian values, human rights occupy a central place in the same level as a value of a person himself. The rights and freedoms of citizens, as well as their legal duties, constitute the most important social, political and legal institution, which serves as an indicator of maturity of a society. One of basic human rights is the right to own, use and dispose of property. This postulate, which previously caused a lot of controversies, is universally recognized in the heyday of product-money relations
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