Individual Property Rights Research Articles

The legal regime for cryptocurrencies in Kazakhstan and impossible control of their circulation

Development of a legal framework for cryptocurrencies in Kazakhstan is described in this article: from very first steps in 2018 when financial intermediaries were just warned from use of Bitcoins and alike in their transactions to prohibition of their circulation established into 2020, with cancellation of the prohibition and strengthening regulation of crypto mining in 2023. Authors show that neither existence nor absence of a legislative restriction of cryptocurrencies’ circulation can help the State to control respective turnover. Respectively, no efficient solution can be said existing to both support a public order and protect individual property rights to cryptocurrencies. Keywords: Republic of Kazakhstan, cryptocurrency, Law on Informatisation, digital assets, AIFC, digital mining, regulation, legal framework.

Animal Property Rights as a Decolonial Project

Abstract This work undertakes a normative assessment of the problem of colonization of the habitats of free-roaming (“wild”) animals and proposes a normatively guided institutional solution. The first part of the article identifies the colonial wrongs associated with the colonization of animal habitat. The article contends that the defining injustice of the colonization of animal habitats consists in the violation of the animals’ collective and individual property rights—that is, their “habitat rights.” These rights are grounded in the interest the animals have in their habitat: They depend on it for the fulfilment of their basic needs. It is argued that any institutional solution regulating human-animal relations needs to be appropriately contextualized as a decolonial enterprise. Thus, the article proposes to codify the framework of habitat rights using the existing decolonial policies. A sketch of such a solution based on the native title doctrine is further provided.

Islamic Perspective On Land Law In Indonesia

This writing has an Islamic view of land ownership in Indonesia, the discussion of which is not only the view of positive Indonesian law, but the view of Islamic Law. The aim is that it can be used as a legal comparison to broaden insight into the concept of land ownership. By comparing legal systems, we can find similarities or differences, so we can find out which one is better. The final conclusion of the writing is that there are several things, namely, First, that the concept of land ownership in positive law in Indonesia, including the Republic of Indonesia, in various applications/rules seeks to regulate the utilization, allocation and use of land for the benefit of humanity in Indonesia, and hereinafter known Ownership rules have a religious communalistic element, referring to the rule of collective rights of members of the customary law community over land, which in the customary law literature is called Ulayat Rights. The rules/concept of land ownership in customary law are: there are Ulayat rights, then the subject is the customary law community, then the object includes all land belonging to the customary law community. The rules/concept of land ownership from the perspective of Islamic law is that everything belongs to Allah Almighty, which is empowered to servants/humans, as humans we must use Allah's law, implement individual and public property rights in a balanced manner, finally there is no system of ownership/landlords. Especially for land rights related to community development, the principle of Community Based Resources Management, namely the principle of structuring natural resources of land and plantations based on the local community, should be expected. In this way, the Land Law will provide guarantees for the development of the ummah, which in turn creates a State that is bandatum toyyibatum wa Rabbun Ghafur, and spreads Rahmad for nature and all the ummah around it.

독일 헌법사에서 법률유보의 의의

This study examines the development of major theories related to legal reservationin Germany from a constitutional perspective and presents implications and challenges toKorean public law from the basic perspective seen in the discussion of German public law onlegal reservation. In order to achieve the above research objectives, a literature researchmethod is attempted to review the books, papers, and precedents of Korea, Japan, and Germany on this topic. In the early days, the realm of legal reservation was limited to limitedbasic rights such as individual freedom and property rights, and its main significance was tosecure the legislative realm of the representative body, the parliament, from the executivepower of the administration. However, since then, the center of the discussion on legalreservation in Germany has emphasized the substantive discipline of administrative activitiesby law, trying to control administrative power under the detailed discipline density necessaryto achieve the purpose of protecting the rights and interests of the people. And today, legalreservation is not just a control principle of administrative power, but also a constitutionalprinciple. As such a constitutional principle, the basic perspective seen in the discussion ofGerman public law on legal reservation has great implications for us, in particular, as aconstitutional principle, efforts to promote an organic interpretation of related provisions in theconstitution based on legal reservation are one of the important tasks of Korean public law inthe future.

Regulatory islands: a case study in tactical community zoning

Despite the clear environmental and economic benefits of denser forms of housing, the ability to construct such housing remains elusive. Restrictive zoning policies and local coalitions of Not in My Backyard activists make the construction of dense housing within established neighbourhoods a near impossibility in jurisdictions throughout the United States. The purpose of this article is to illustrate how architects might leverage community coalition building and the critical interpretation or ‘hacking’ of local zoning ordinances to realise dense, infill housing projects even within otherwise highly conservative policy environments. Using Pier Vittorio Aureli’s history of settlement form and property rights as an initial contextual framework, the article outlines how infill housing might adopt an alternate view of housing development, subverting the primacy typically assigned to individual private property rights and financial speculation. Sited on an infill lot within one of Lincoln, Nebraska’s older neighbourhoods, the project relies on a non-normative, strategic implementation of a Community Unit Plan zoning mechanism to enlist neighbourhood support and establish higher levels of allowable density. This, in combination with the implementation of a Community Land Trust, allows the project to introduce a greater quantity and diversity of housing types that offer possibilities for home ownership, affordable rental opportunities and even temporary or supportive housing in areas historically dedicated solely to single-family housing models. Ultimately, the significance of the project rests not in its formal novelty but in its demonstration of an immediate and attainable means through which denser forms of housing might be realised.

LEGAL ASPECTS OF INTELLECTUAL PROPERTY AND MANAGEMENT TOOLS

This study examines the legal aspects of intellectual property (IP) and management instruments. It is demonstrated that intellectual property represents the outcome of an individual's or collective's intellectual and creative activities, encompassing defined rights to innovative inventions, creative works, trademarks, designs, and other personal intellectual assets. The primary objects and subjects of intellectual property are identified. It is clarified that, considering the objects of ownership, the property rights of individuals or legal entities manifest in both ownership of tangible property and ownership of the results of creative activities. The legal regime governing the results of an individual's or collective's intellectual creativity aligns with the legal regime of property rights and comprises the following entitlements of the owner: the right of possession, the right of use, and the right of disposal. Conceptual principles within the system of intellectual property law are proposed. It is justified that the principles of intellectual property relate to the protection of the rights of subjects regarding the results of creative activities; therefore, they should demonstrate the rule of conduct within the framework of creation, possession, use, and disposal of intellectual property. It has been determined that the most critical economic process for intellectual property subjects is commercialization, as well as effective and efficient management of intellectual property objects. It is established that managing intellectual property involves a targeted process within a complex multi-component system with multifactorial relationships in the creation, possession, use, and distribution of intellectual property objects in the relevant environment. Intellectual property management should focus on effective planning, decision-making, and control regarding intellectual property objects in the appropriate economic environment. The stages of the intellectual property management process are proposed, along with the fundamental tools necessary for ensuring effective management within the economic system.

TINJAUAN YURIDIS PEMECAHAN TANAH LEBIH DARI LIMA BIDANG UNTUK HAK MILIK PERORANGAN

The emergence of a regulation of the Minister of Agrarian Affairs and Spatial Planning or the Head of the National Land Agency on the prohibition of land division of more than five parcels for individual property rights is a way to overcome the rampant housing or disguised lots that have sprung up so far. The regulation is stipulated in Regulation of the Minister of Agrarian Affairs and Spatial Planning or Regulation of the Head of the National Land Agency Number 16 of 2021 concerning the Third Amendment to Regulation of the Minister of Agrarian Affairs or Head of the National Land Agency Number 3 of 1997 concerning Provisions for the Implementation of Government Regulation Number 24 of 1997 concerning Land Registration. The purpose of this writing is to find out how the juridical review of land splitting of more than five parcels for individual property rights and what the legal consequences are for individuals who split more than five parcels of land. This research uses normative juridical approach with legislation. The result of this research is that the ownership of property rights to individual land or the division of individual land parcels is not allowed to exceed five parcels except if the base of the right comes from the transfer of inheritance rights or the base of the right with the building rights certificate. Apart from that, the division of more than five parcels must also be balanced with permits from the authorized agency, and usually with the base of the Building Rights Title, but in the current era there are still many Individual Property Rights whose ownership exceeds five parcels. However, with the emergence of the Regulation of the Minister of Agrarian Affairs and Spatial Planning or Regulation of the Head of the National Land Agency Number 16 of 2021, the regulation is more strictly applied in practice. Keywords: Land Division of More than Five Parcels, Agrarian.

Justice of the Peace Courts in the Adjudication of Property Disputes in the Ottoman Countryside (1839–1914)

Abstract This article examines the institutionalization of justice of the peace courts in the 19th-century Ottoman Empire on the one hand, and on the other investigates the adjudication of property disputes in the lowest administrative units (villages and communes), within the context of establishing a regime of individual and exclusive property rights. Such an analysis historicizes the transformation that justice of the peace courts underwent in the 19th century. It therefore seeks to free these courts from being regarded as an ahistorical extrajudicial and/or judicial dispute settlement mechanism (sulh).

Disputes over Burial Mountains

This article examines legal decisions in lineage property disputes from the Korean Empire period (1897–1910) to the first two decades of the Japanese colonial rule to trace the effect of Japanese efforts to implement property rights reforms in colonial Korea. Lineage properties were heavily concentrated in the mountains in the form of communal burial sites; thus, to ease acceptance of colonial rule, such Japanese objectives as forest cultivation needed to accommodate long-established Korean practices of mountain burial. In addition, Japanese perceptions of Koreans as primitively collective in their property relations led to initial suppression of the rights of heirs over lineage property. The colonial court's subsequent gradual and uneven invocation of the principle of exclusive individual property rights became a source of both legal and physical conflicts. The case of how lineage property rights were reorganized in colonial Korea shows the compromised nature of the colonial property regime as it sought to balance traditional claims and modern concepts of property ownership, with long-term consequences for property rights in Korea.

Organizational and administrative procedures for determining the damage and extent of damage to real property as a consequence of russian aggression

One of today's urgent needs is to provide compensation and indemnification to citizens of Ukraine for damage and destruction of specific categories of real estate objects caused by the military aggression of the Russian Federation. The state tries to protect the property rights of Ukrainians, guaranteeing them the right to compensation or compensation for destroyed or damaged property through national protection methods. In practice, we are still far from applying the procedure for obtaining compensation for damages. However, we must do everything today to record the relevant facts and prepare the necessary documents. Since war crimes do not have a statute of limitations, we are only at the beginning of the formation of practice in this direction. For this purpose, the theoretical principles were analyzed, and practical recommendations were given regarding organizational and management procedures for determining damage and real estate damage due to Russian aggression. Methodology. This research was conducted using an analytical method, which involved a comprehensive analysis of normative legal acts and Ukraine's institutional base. The focus was on the potential for creating a system to protect the property rights of individuals and legal entities in the aftermath of the Russian Federation's aggression. The research object was the legislators and normative-legal national and international documents pertaining to property rights protection. The research results show that in Ukraine, there are legal, institutional, and technical prerequisites for creating a system for calculating damaged and destroyed real estate caused by the Russian Federation's military actions. For the full functioning of the damage compensation system, the existing legislative and regulatory legal framework must be supplemented with legal acts that would allow the regulation in the legal field of the issue of institutional and technical provision of property rights, considering the international system of jurisdiction. Scientific novelty and practical significance. The main problematic tasks that must be solved to build and operate an effective reimbursement system of real estate value are defined. Considering that the solution to this problem is of international importance, the defined system of measures aims to improve the ways of solving this problem. Keywords: aggression, compensation, damages, compensation, property rights, regulatory acts, real estate.

All Aboard: Understanding Property Rights in Texas After Texas Central

Our forefathers intended the United States Bill of Rights to protect individuals from government overreach. Specifically, the Fifth Amendment, as applied to the States via the Fourteenth Amendment, in part protects individuals from unnecessary takings. Eminent domain authority—its more common name—has long been recognized as a power to be used cautiously and only when necessary. Although most often associated with government exercise, states are permitted to grant this unyielding authority to private entities via their state constitutions and statutes. Despite Texas serving as a beacon for individual property rights, the Texas Supreme Court’s recent decision in Miles v. Texas Central Railroad & Infrastructure, Inc. creates concern for the future of private property rights in Texas. This Note reviews the history of mass transportation in Texas, highlights eminent domain law, analyzes the recent decision, and points out the negative consequences likely to follow.

KONSEP KEPEMILIKAN HARTA DALAM ISLAM

Property in Islam is a significant concept that encompasses various aspects such as ownership, distribution, and utilization. Islam emphasizes the importance of legal and transparent ownership, where wealth must be acquired through honest and ethical means. Unethical practices like theft and usury are strictly prohibited. Fair distribution of wealth is also emphasized, as seen in the obligation of zakat, a mandatory payment given to those in need. Islam promotes the idea that wealth should not be selfishly retained by a few, but should be fairly distributed to benefit society as a whole. Additionally, Islam highlights responsible utilization of property. While recognizing individual property rights, Islam also emphasizes the responsible and conscientious use of wealth. Overall, the concept of property in Islam is grounded in principles of integrity, fairness, and responsible stewardship.

Operationalising Progressive Ideas About Property: Resilient Property, Scale, and Systemic Compromise

Property theory is at a crossroads. In recent decades, scholars seeking to advance progressive ideas about property have embraced ‘Progressive Property’ theories that seek to advance the goals of social justice and the common good, offering a vital counter-weight to utilitarian and neo-conservative accounts of property. Progressive Property theories seek to correct an imbalance in American property discourse which—across the temporal scale—has sustained a range of narratives and normative commitments, but which has veered towards extreme acquisitive individualism and the rhetoric of property absolutism since the 1970s. The idea that individual property rights are not absolute but defined by the requirements of social justice is uncontroversial in many European jurisdictions, reflecting their normative foundations in traditions of European social welfarism and Catholic social teaching. In Property Rights and Social Justice: Progressive Property in Action, Walsh foregrounds a system designed for normative hybridity, and evaluates the practical possibility of balancing commitments to social justice within a system that upholds private property rights.
 In this Article, we build on Walsh’s account to consider the implications of her insights for scholars seeking to advance progressive ideas about property in the U.S. context across three registers of scale: rhetorical, jurisdictional, and physical. Applying Resilient Property Theory (“RPT"), we reflect on how the dominance of rhetorical methods in the last half-century has foregrounded ideological conflicts between competing normative commitments in U.S. property scholarship, locating scholars seeking to advance progressive ideas about property on a battleground that has been prepared to benefit others. Building on Walsh’s approach of “widening the doctrinal lens,” we argue that RPT offers a new methodological toolkit for advancing progressive ideas about property: by widening the legal lens; widening the contextual lens; and widening the methodological lens. We argue that each of these approaches, as they engage with material and hierarchical scales, offers opportunities to identify and advocate for compromise positions between respect for private property rights and social justice considerations, enabling active political and legal engagement with normative diversity and respecting and taking seriously different legal conceptions of the good.

Property rights of the spouses: concept and content

In the paper the property rights of spouses are studied, their specific features are identified, as well as the features of individual property rights of spouses. On the basis of the conducted scientific research, the author came to the conclusion that the property rights of spouses are those powers of a property nature, which are defined by family legislation or other sources of family law, arise in connection with the state registration of marriage and can be exercised by the spouses or one of them as bearers of these rights; rights that arise in connection with the exercise of the right of joint ownership of the property of the spouses or the right of personal private ownership of the property of one of the spouses or from alimony obligations of the other spouse. The paper highlights the general and special features of property rights of spouses, including that can be alienated in a contractual manner (regarding rights to proper property), inalienability and personal character (regarding the right to maintenance). The property rights of spouses include: property rights of spouses arising from the right of personal private ownership of certain property, property rights of spouses arising from the right of joint ownership of property acquired during marriage, the right of one of the spouses to enter into an agreement with the other person regarding the disposal of their a share of the right of joint co-ownership of the spouses in the case of its determination and allocation in kind or determination of the procedure for using joint property, the right of the spouses to divide the property that is the object of the right of joint co-ownership, as well as to determine the methods and procedure for dividing the corresponding property, the right to dispose of joint property and determine its legal regime after the death of one of the spouses and both of them by concluding a will of the spouses, the right to maintenance in the event that the disabled spouse needs financial assistance, the right to maintenance of the wife during pregnancy, the right to maintenance of one of the spouses with whom the child lives, the right to determine the methods of providing maintenance to one of the spouses.

An Analysis of the Implementation of a Quality Management System in Intellectual Property Organization

Intellectual property includes the legal rights and protection afforded to innovation and creativity, such as patents, trademarks, copyrights, and trade secrets. An „intellectual property protection organisation” refers to an institution whose management focuses its activities and efforts on the protection of intellectual property rights (IPR). These organisations’ primary mission is to provide support and services for the protection and administration of the intellectual property rights of individuals, companies, or other entities. Quality Management System (QMS) is a strategic approach adopted by organisations to ensure the quality of products or services offered. This system aims at the satisfaction of activities and the achievement of organisational objectives, in accordance with international standards, such as ISO 9001:2015. Analysis of the implementation of a Quality Management System (QMS) in intellectual property organisations, including a complex and strategic process involving the evaluation, planning, and detailed implementation of the system to ensure success and compliance with organisational standards.

A Latin American Third Way? Juan José Arévalo's Spiritual Socialism, 1916–1963

AbstractScholars and US officials mocked Juan José Arévalo Bermejo, the first democratically elected president of Guatemala (1945–51), for the opacity and alleged incoherence of his “spiritual socialism.” He was eclipsed by his successor, Jacobo Árbenz Guzmán, who introduced sweeping land reform to Guatemala and whose overthrow in a CIA-orchestrated coup in 1954 launched the Latin American Cold War. But Arévalo's ideology is not only decipherable but potentially of great value—when we trace its origins back to Karl Christian Friedrich Krause, a forgotten philosopher who was Hegel's contemporary, and the Argentine intellectuals who developed Krause's abstract theories into an approach to governance that shaped Argentina's experience in social democracy under Hipólito Yrigoyen, while Arévalo was living in exile there. Arévalo's social reforms, which improved the standard of living for workers and peasants without sacrificing individual liberties or property rights, reflect a Krausean philosophical commitment to harmonious nationalism based on ethical relationships rather than hierarchies. The experiment was foreclosed by the 1954 coup and a lesser known, US-backed coup in 1963 that denied Arévalo a second term in office. This analysis of Arévalo's writings and governing practices shows their relevance to Latin America's search for a third way between revolutionary class struggle and neoliberal authoritarianism.

KEPASTIAN HUKUM JAMINAN HAK TANGGUNGAN ATAS SERTIFIKAT HAK PAKAI DI ATAS HAK MILIK PERORANGAN TERKAIT PENOLAKAN PEMBIAYAAN OLEH PERBANKAN.

Seeing the increasing focus on the economic sector, it requires a guarantee rights institution that is able to provide legal certainty. In the UUHT, land rights can be made into mortgages, property rights, business use rights, building use rights and use rights over state land, while PP 18 of 2021 explains usufructuary rights can be used as collateral for mortgage rights. In the phenomenon that occurs, usufructuary rights over individual rights experience rejection by the banking system when they are used as collateral for mortgage rights. Based on these problems, the formulation of the problem is how to implement guarantees for usufructuary certificates over individual property rights related to refusal of financing by banks and how legal certainty guarantees mortgage rights over usufructuary certificates over individual property rights related to refusal of financing by banks. The theory used is Legal Certainty from Gustav Radbruch and Satrio's Guarantee Law Theory. The method used in this study is normative juridical research, namely library law research or secondary data with sources of primary, secondary and tertiary legal materials, supported by interviews. The research approach used is the statutory approach, conceptual approach, analytical approach and case approach, and legal material collection techniques are carried out by identifying and inventorying positive legal rules, literature books, journals and other sources of legal materials. For technical analysis of legal material, it is carried out by means of legal interpretation (interpretation) of grammatical interpretation and systematic interpretation and methods of legal construction. The results of research on usufructuary rights on individual land cannot be encumbered with mortgage rights, this makes it ambiguous between the UUHT and PP 18 of 2021. There needs to be an affirmation in PP 18 of 2021 as well as the guarantee of usufructuary rights so that they can be in line with UUHT

The Concept Of Property Ownership In The Perspective Of Ibn Taimiyah

In life without us realizing in the life of a human being will not be separated in terms of muamalah which activity is concerned with needs. The concept of ownership is crucial in economics. This field of ownership is not only related to economic aspects but also social and political aspects, so ownership is an important position of microeconomic theory in Islamic economics as well as capitalist economics. The research design used is a literature study. research conducted to examine data by studying, understanding, and examining theories or assumptions in relevant materials or literature sources. The research methodology uses qualitative research methodology. The purpose of this method is to explain what happened and Discovering generalizations requires investigation, recording, analysis, and interpretation of previous events. In property rights i.e. individual property rights (milkiyyat al-fardiyyah), common property (milkiyyat al-ammah), state ownership (milkiyyat al-daulah). The picture above illustrates to us, namely Ibn Taimiyyah's view of the privileges of property in Islam, defining property rights as the authority to use an object based on sharia, such as guaranteeing ownership of abandoned land so that it can be cultivated, inherited, traded. Since this will later be accounted for before God, then return everything to the rules that come from giving the mandate that is God, how to obtain it and how to use it.
 Keywords : Possession, property, Ibn Taimiyah

Administrative responsibility in the system of state provision of protection of an individual’s intellectual property rights

The article examines the peculiarities of the functioning of the institute of administrative responsibility as an important element of the system of state-legal protection of intellectual property rights as a separate group of homogeneous relations, the objects of which are the results of intellectual, creative activity of a person. A group of uniform normative legal acts regulating the studied relations is identified: the Constitution of Ukraine, codes and laws of Ukraine, Decrees of the President of Ukraine, resolutions and orders of the Cabinet of Ministers of Ukraine, standards in the field of intellectual property, departmental normative legal acts, international treaties and agreements. It has been established that in our country it is expedient to continue improving the system of regulatory and legal support for the protection of intellectual property, and such a system itself should be aimed at reorienting the administrative and legal activities of executive authorities to increase the transparency of the decision-making process regarding bringing offenders to administrative responsibility, which will become effective as a means of ensuring the lawful activity of individuals and legal entities in the field of protection of intellectual property rights. It is proposed to establish the category “administrative responsibility for violation of legislation in the field of intellectual property” as an implementation of an administrative-legal sanction, which is manifested in the application by the court to a guilty person who has committed an administrative offense in the field of intellectual property, the punishment provided for by the Code of Ukraine on administrative offenses and other by legislative acts, in accordance with the procedure defined by law. The prospects of further research in this area are defined as theoretical improvement of legislation and practical regulation of the functioning of the specified institute as a means of state protection of intellectual property rights of individuals.

Legal Ambiguity and Land Dispossession: Multi-Scale Conflicting Views on Territorial Authority at the Herlen Bayan-Ulaan State Reserve Pasture Area, Mongolia.

Abstract The Mongolian government pursues various objectives that are often assumed to benefit citizens, including socio-economic development, biodiversity conservation and innovative technologies in the agricultural sector to adapt to climate change. But, for pastoralists, these activities have allowed the appropriation of pastoral lands from their home jurisdictions, the process of which is often murky and ambiguous. The vision for development held by different international and national agents sometimes fails to recognise the complexity inherent in converting pastoral land for alternative economic and conservation development. This paper examines a recent legal battle focused on the Herlen Bayan-Ulaan State Reserve Pasture Area, where different stakeholders put forward contested claims of authority over rural jurisdictional territories. The conflict is rooted in the ambiguous and conflicting co-existence of liberal and statist approaches to socio-economic policies applied by the Mongolian government. Whereas the socialist period system's imposition of exclusive state control reduced local actors' (government and residents) control and authority over resources governance, the post-socialist period system promoted 'alternative economic and conservation activities' and protected state and individual property rights, leaving mobile pastoralists with highly ambiguous claims. This paper argues that the state ought to have a specific role of providing an adequate legislative and executive framework to support more complex interdependent multi-scale pastoral institutions. This paper describes the changing role of the state in land governance, wherein the state has assumed all management and financial authority while subjecting pastoralists to conflicting legislative and executive policies. This has eroded the local systems of land and resource governance and created an open access scenario, allowing appropriation of jurisdictional pastoral lands. This trend of exclusive state control has the implication of contradicting and dismantling a longstanding interdependent pastoral institutional environment and has been counterproductive to enhancing natural resource management and the adaptive capacity of local actors to climate change.