Violation Of Property Rights Research Articles

Protection of intellectual property rights in the field of national security and defense of Ukraine

It is considered the formation of an economic-legal mechanism for the protection of intellectual property rights in the field of national security and defense of Ukraine and it is substantiated that this mechanism is a complex system in a broad sense, where there is a combination of integrated innovative activity of the state scientific and production structures of the Ministry of Defense of Ukraine with the Ukrainian National Office of Intellectual Property and Innovations in the direction of protection of intellectual property rights, and also it has a basis of innovativeness (innovative-intellectual activity) taking into account the relevant principles and priorities. The effectiveness of the mechanism in the conditions of creating an innovative and intellectual environment in the field of defense with the cycle «science – technics – technology – production – defense» is determined as a targeted combination of highly qualified leading specialists and scientists in the appropriate organizational-functional and technical-technological production structure, which is aimed at innovative-intellectual activity and technical-technological entrepreneurship, where the economic component is taken into account – receiving remuneration during the commercialization of intellectual property rights objects in the form of profit, royalties, combined payment, which are intended to stimulate the subjects of right to protect intellectual property rights. Attention is focused on the activities of subjects that have violated intellectual property rights in the aspect of the directions of violations. These directions allow us to look for effective ways of countering such activities in the field of national security and defense of Ukraine. It is noted that the formation of an economic and legal mechanism for the protection of intellectual property rights in the sphere of national security and defense of Ukraine will contribute to effective countermeasures against violations of property rights of intellectual property in this important field of activity. Important criteria for the effectiveness of the protection of intellectual property rights are outlined, which are: the level of professionalism and personal responsibility of judges, the level of creative thinking and creativity of judges, the level of court independence, the level of software, organizational, personnel, legal and information support of the court apparatus. Arguably, the lack of appropriate legislative regulation and experience in the commercialization of military and defense technologies and equipment using IPPR is pointed out in Ukraine, creates opportunities for violations of property rights of intellectual property, which lead not only to the lack of effective protection of the rights of IPPR subjects, but also affect on the defense capability of the state. The economic and legal mechanism for the protection of intellectual property rights in the field of national security and defense of Ukraine is presented, which requires coordination of the efforts of all subjects authorized to protect and protect intellectual property. It is noted that the development of the sphere of intellectual property has a decisive influence on the state of national security, which is linked to organizational measures to neutralize internal sources of threats and protect against external threats to national security.

재건축초과이익환수제도의 존재와 폐지의 담론

According to the management status of apartment complexes in Seoul at the end of 2023, there are 960 apartment complexes that are over 30 years old, accounting for 25.4% of the total, and the number of apartment complexes that will be over 30 years old within the next 10 years is expected to reach 57.5%. Therefore, it is expected that the controversy over reconstruction will continue in the future. However, in 2006, the Act on Recovery of Excessive Reconstruction Profits came into effect, and the Reconstruction Excessive Profits Recovery System, which recovers up to 50% of development profits resulting from reconstruction, has consistently raised unconstitutional claims regarding infringement of property rights, violation of the principle of equality, and double taxation. It has been done. Under this background, the National Assembly proposed on June 5, 2024, the 'Abolition of the Act on the Recovery of Reconstruction Excess Profits', which would abolish the recovery of excess profits from reconstruction. Recently, the Minister of Land, Infrastructure and Transport also stated his position that the comprehensive real estate tax and reconstruction excess profit recovery system should be abolished. Therefore, this study examines the theoretical discourse on the maintenance or abolition of the reconstruction tax profit recovery system, which is the subject of controversy.

Geodata Processing Methodology on GIS Platforms When Creating Spatial Development Plans of Territorial Communities: Case of Ukraine

The article offers a detailed expert analysis on handling spatial information of territorial communities amid administrative and land reforms. The authors have developed multiple methodological recommendations and justified the selection of efficient tools for contemporary GIS systems. It also delves into the essence of GIS technologies, the nuances of working with geodata, and provides a concise overview of the world's most prevalent GIS platforms. The paper outlines an algorithm for developing a land resource management strategy for communities in preparation for land reform. Through the analysis and visualization of spatial data, the paper highlights enhancements in economic valuation and the ability to pinpoint risks and infringements of property rights. The study selects the Cadastr.UA system on the Soft.Farm platform, developed by Ukrainian company Quart Soft, as a notably user-friendly and promising GIS for land accounting and auditing. Research based on the experimental practical application of most functions of GIS Cadastr.UA indicates that this system aligns well with the needs for land plot accounting and auditing within the framework of Ukraine's Public cadastral map. The paper details the practical implementation of GIS technologies, using Cadastr.UA as a case study, and illustrates how to employ selected GIS tools in various scenarios and tasks.

JUSTICE IN PROPERTY MATTERS IN KOSOVO: A LESSON FROM A POSTWAR COUNTRY

Background: In the realm of property matters, or more precisely, the infringement of property rights and the pursuit of adequate justice, Kosovo stands out as one of the most unique cases. Its uniqueness stems not from a singular circumstance, law, or period but from a complex interplay of events, laws, and historical periods. The primary objectives of this paper revolve around property disputes stemming from ethnic conflicts, discriminatory laws, and wartime circumstances. The paper is grounded in two fundamental hypotheses. Firstly, it seeks to examine the property disputes that have arisen because of these conflicts, discriminatory laws, and war, particularly targeting certain segments of the population. Secondly, it aims to explore strategies for avoiding such consequences in the future and recovering material damages incurred. The context under observation is also important because of the significant involvement and influence of the international administration. In this sense, the case of Kosovo can serve as a typical example, theoretically and practically, for other societies and countries facing similar challenges. Lessons from the positive aspects of Kosovo's case should be considered while avoiding repeating numerous mistakes to prevent these countries from experiencing the consequences of such oversights. Methods: The foundational sources used to develop this paper encompass scholarly works such as textbooks and scientific papers, legislative acts including international conventions, and judicial practice. Given the paper’s unique nature and the problem it addresses, it further draws upon a range of research and reports from reputable international organisations that have systematically monitored the situation as impartial observers. The paper adheres to a specific methodology, with the historical method being indispensable in matters related to property. Through this method, the evolution of ownership, ideas, community consciousness, political and social movements that influenced the law, and international missions approaches that contributed to shaping distinctive legislation in Kosovo known as 'UNMIK Regulation’ are unveiled. This study predominantly employed the analysis method, synthesis method, and comparative method. The analysis method scrutinises relevant legal provisions and case law, while the synthesis method has been utilised within the framework of comparative methods. To a certain extent, the descriptive method was also employed to furnish readers with a clear overview of the events and relevant implementation mechanisms related to property rights. Results and Conclusions: The paper delineates three major types of property disputes arising from the unique circumstances characterising Kosovo: property claims deriving from ‘repressive measures’ (1990-1998), property claims deriving after the war (27 February 1998 - 20 June 1999); and property claims caused by the system of social property (after 1945)– subsequently deriving from its privatisation after 1999. For each of these violations of property rights, their causes, circumstances, and underlying purposes are examined and argued. The paper also discusses approaches for addressing these disputes. While it is concluded that addressing property claims deriving after the war (27 February 1998 - 20 June 1999) has been satisfactory, the same cannot be said for the other two categories of property disputes. In these instances, modern law remains largely silent. Therefore, although this paper is titled ‘justice’ in property matters it primarily grapples with the prevailing of ‘injustices’ in property matters. However, the paper offers ideas and suggestions on how modern law can address these categories of violation of property rights.

Interstate Lawsuits of Ukraine to the ECTHR: Is it Realistic to Achieve Final Judgments?

The article examines the problems and prospects of consideration of interstate applications of Ukraine against the Russian Federation by the ECtHR. The article analyzes that the ECtHR is currently considering five interstate cases initiated by Ukraine against the Russian Federation. However, the Russian Federation does not participate in the proceedings on the claims of Ukraine and does not intend to comply with the ECHR judgments. However, the ECHR will continue to consider the applications submitted to the ECtHR after Russia's withdrawal from the Council of Europe. The article proves that today there is no mechanism for enforcement of the ECtHR judgments on interstate claims of Ukraine by the Russian Federation. Since the Russian Federation does not intend to execute the decisions of the ECtHR voluntarily, there remains the option of either enforcing such judgments by the affected Ukrainians individually on the principle of reciprocity in other countries or creating a supranational mechanism for the execution of such decisions. It is indicated that in the future, the ECtHR will be able to consider and award compensation in all existing cases against the Russian Federation. Affected companies and individuals can file a claim for violation of property rights against the Russian Federation only in respect of actions or omissions before September 16, 2022. Nevertheless, even in light of the Russian Federation's withdrawal from the ECHR, all decisions taken before the exit from the ECHR and the CoE must be implemented. Although after the ECtHR has decided on the merits, it takes a long time to decide on just satisfaction. In conclusion, it is noted that the Russian Federation also does not comply with the interim measures demanded by the ECtHR to cease hostilities in Ukraine immediately. At the same time, this procedural decision is vital for considering the case "Ukraine v. Russia - X" on the merits from a historical perspective.

Peculiarities of property rights protection, their specific application to objects

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.

Оn the question of protection of property rights and determination of subjects of property use: analysis of judicial practice

The article highlights the method of protecting the right of ownership and determining the subjects of use on the example of the analysis of judicial practice. The interrelationship of the right of ownership and the right of use, the order of following the main thing and the accessory thing are determined. Examples of a court case in terms of the court’s determination of the right of ownership and subjects of the right of use are given. The issue of property rights is analyzed in the context of a key aspect of social relations between subjects of civil law. The provision that the state’s attitude to the issue of property rights determines the features of the ruling regime in the country and testifies to the development of civil society has been updated. The inviolability of the right to property and the level of its protection is a kind of litmus test that determines the level of democratic society and the state’s attitude to basic human and citizen rights. Thus, Part 1 of Article 4 of the Civil Code of Ukraine stipulates that every person has the right, in accordance with the procedure established by this Code, to apply to the court for the protection of his violated, unrecognized or disputed rights, freedoms or legitimate interests. According to Part 1 of Article 16 of the Civil Code of Ukraine, every person has the right to apply to the court for the protection of his personal non-property or property right and interest. According to Article 41 of the Constitution of Ukraine, everyone has the right, in particular, to own, use and dispose of their property; the right to private property is acquired in accordance with the procedure established by law; no one can be unlawfully deprived of the right to property, the right to private property is inviolable (parts one, two, four). Analysis of court practice shows that consideration and resolution of civil cases in the field of violation of property rights is complicated by the imperfection of the legal system, the need to improve and change the existing legislation in this field. It was determined that mostly people go to court due to violations related to the lack of registration of ownership rights to real estate, loss of title documents, receipt of title documents by improper entities, presence of self-acting objects in real estate.

Information Placement in Notarial Registries: Issues with Evaluating the Actions of Participants

Within the framework of improving legislation, the Federal Notary Chamber has been entrusted with the responsibility of maintaining a registry of notifications regarding the pledge of movable property and the cancellation of powers of attorney executed in simple written form. It should be noted that these changes have a positive impact on civil transactions. However, there are specific questions regarding the procedure for their implementation. The main issue is that neither the notary nor the person posting the relevant information about the pledge or cancellation of powers of attorney is held responsible for the accuracy of the information, which allows for the possibility of abuse. In defining the purpose of this research, attention should be paid to the evaluation and analysis of the procedural and legal aspects of maintaining the aforementioned registries, identifying specific cases of abuse of rights by individuals posting information in the respective registries. This necessitates finding a solution to the stated problem, namely: clarifying the procedure and limits of actions for the parties involved in the relevant legal relationships in order to prevent the possibility of their misconduct. The research is based on general scientific methods of cognition and legal hermeneutics. During the analysis of current legislation and legal practices, it has been determined that in the existing reality, there is a possibility of abuse by individuals posting information in notarial registries regarding the cancellation of powers of attorney and the registry of notifications about pledges. The legislation does not provide indications of sanctions against individuals who violate the prescribed registry procedure. The presumption of notification from the moment the information is posted in the registry by an interested party, despite possible errors that compromise the accuracy of electronic search or distortions in the information, which prevent proper identification of the sought-after object, leads to violations of property rights of participants in civil transactions.

Research on the Quadrilateral Evolutionary Game of Governance for Small Property Rights Housing on Rural Land in China

Research on the Quadrilateral Evolutionary Game of Governance for Small Property Rights Housing on Rural Land in China

On the possibility of compensation for moral damage in case of violation of property rights: traditional views and innovations of practice

The subject of the study is a set of approaches to the possibility of compensation for moral harm in case of violation of property rights and the approach presented in paragraph 4 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 15 November 2022, No. 33 "On the practice of application by courts of the norms on compensation for moral harm". The author analyses the new approach, addressing the issue of its impact on judicial practice to determine the applicability of this approach. As a methodology, the author uses comparativistics of the approaches and practice of the Supreme and Constitutional Courts of the Russian Federation until 15 November 2022 and the approach presented in paragraph 4 of the above Resolution. The main conclusions of the study are that the new approach is recognised as revolutionary compared to those previously applied. The author concludes that the new approach, despite the contradiction with the rules based on the literal interpretation of the law, is a successful combination of all the main components of the institution in question, necessary for its correct application from the point of view of the meaning and purpose of compensation for moral harm. The new approach establishes an open list of cases in which compensation is possible, but at the same time introduces a certain criterion of applicability, in order to prevent the "emasculation" of this institution as a means of defence, since the procedure for assessing the existence and degree of moral harm is subjective. And the author analyses the impact of the new approach on judicial practice, noting that this approach is not fully understood and therefore accepted by the courts, as it does not coincide with the literal interpretation of paragraph 4 of the mentioned Ruling.

The Application of Common Prosperity Policy; Discussion Based on Limitarianism

This paper explores the concept of Economic Limitarianism, which proposes that social progress can be achieved by imposing restrictions on individual wealth accumulation. It analyzes the policy of "common prosperity" in the context of China as a potential application of Limitarianism to address wealth inequality. The paper examines the historical parallels between Economic Limitarianism and ancient tithing practices, highlighting the belief that the super-rich should allocate surplus funds to address societal needs. However, recent literature suggests limitations in implementing Limitarianism due to the lack of clear criteria for judgment and varying acceptance of inequality across different social states. The "common prosperity" policy in China, which involves providing state dividends from surplus operating income to support the less well-off, is compared to traditional Limitarianism. It is argued that the "common prosperity" policy, with its focus on state-owned enterprises and redistribution rather than wealth restrictions, can mitigate wealth inequality while minimizing violations of property rights and social dissatisfaction. The paper concludes that blindly applying the "common prosperity" policy in countries like the United States may not be advisable due to different national conditions. However, two potential approaches for promoting Limitarianism in capitalist countries are suggested: increasing the number of state-owned enterprises and increasing government revenues through investments in private enterprises. While acknowledging the significance of the "common prosperity" policy for the development of Limitarianism, its applicability outside of China is considered limited.

The Problems of Differentiation of Theft from Appropriation of Found

The article substantiates the need of differentiation of theft and appropriation of the property found, previously lost or forgotten by the owner. The protection of property is one of the most important tasks of criminal law. And practice shows a lot of situations when there are quite complex questions on the qualification of acts related to the violation of property rights. Examples are given that illustrate the position of the courts and law enforcement agencies regarding the fact of differentiation between appropriation of a find and theft of someone else’s property. Based on the analysis of legislation and judicial practice, the author attempts to establish criteria in which cases the appropriation of found is a crime, and when it is not a criminal act. Despite the apparent simplicity, the issue of differentiation between a found and theft in law enforcement is quite complicated. This is also confirmed by the position of the Constitutional Court of the Russian Federation, formulated in the resolution of 2023. Theft, in contrast to the appropriation of the found, is a more socially dangerous act and the qualification of the actions of the persons who appropriated the found, as theft, violates the principles of law and justice. Despite the fact that earlier attempts were repeatedly made to develop criteria for such differentiation and a large number of scientific works on this topic took place, the problem has not yet been solved. Obviously, clear explanations of the rules and criteria for differentiation theft from appropriation of found property are needed at the level of the decision of the Plenum of the Supreme Court of the Russian Federation. As a result of the study, the author proposes a conclusion to establish of criminal liability for the appropriation of found, since it is in this way that the problem can be avoided when differentiation between the acts under study.

QADIMGI SHARQDA INSON VA FUQAROLARNING TADBIRKORLIK BILAN SHUGʻULLANISH HUQUQINI TAʼMINLASHNING HUQUQIY ASOSLARI

The article analyzes the legal guarantees of ensuring the right of people and citizens to engage in entrepreneurship in the Ancient East, the procedures established for its implementation, and the clarification of the legal norms of ensuring this right and the legal basis of ensuring the property rights of people. The guarantees of ensuring this right are highlighted in the “The Code of Hammurabi”, which is the historical and legal monument of the Eastern peoples; the “Avesta” book of Zoroastrianism; and the “The Law Code of Manu”, which is considered the heritage of the Indian people. The main noteworthy aspect of the article is that in the Ancient East, the rules related to the provision and protection of property rights of people and citizens have been studied. Detailed information is provided on the order of punishments and other measures in cases of violations of property rights. The historical-theoretical formation of the right to engage in entrepreneurial activity, its expression as a separate norm in historical-legal documents, and information on the main types of entrepreneurship that existed in ancient times were comparatively analyzed. The issue of the positive impact of ensuring the right of people and citizens to engage in entrepreneurship on the welfare and economic life of society has been studied. Proposals about the main directions of scientific research work to be carried out in this area have been presented.

A Preventive Function of a Negatory Claim

A negatory claim may be applied in case of violation of a subjective right. Giving the negatory claim an uncharacteristic preventive function for the purposes of protecting subjective property rights is not necessary, because the desired goal is achieved by using a different method of legal protection and in relation to another object of legal protection, namely, a legitimate interest. An owner is interested in ensuring that his subjective right is not violated. Therefore, he has an interest in third parties acting in such a way that a violation of his right would be excluded. A violation of such a legitimate interest of the owner is the commission by the debtor of actions that will inevitably lead to a violation of property rights. In view of the fact that a subjective duty does not oppose a legitimate interest, a dispute concerning protection of a legitimate interest provides for the resolution of competition between the protection of the plaintiff’s legitimate interest and the defendant’s freedom of action. The court’s duty in such a dispute is to establish a fair balance between competing legal benefits so that the legitimate interests of one or the freedom of the other are not infringed without sufficient grounds. Prevention of violation of subjective property rights can be carried out by such a general method of protection as the suppression of actions that pose a threat of violation of the right, a special case of which is a claim for the prevention of harm. A special real preventive claim brought to prevent the violation of subjective property rights is possible only if the appropriate method of protection is fixed by law. However, in the conditions of the existence of such a universal method of protection as the suppression of actions that pose a threat of violation of the law applicable to all subjective rights, there is no need to consolidate a special real preventive claim.

농지법상 ‘농지’ 정의와 농지취득자격증명 제도의 위헌성

This paper examines unconstitutional issues related to the Farmland Act for the purpose of protecting people's livelihood & resolving legal obstacles to be faced in the process of returning to farming and returning to village. Various restrictions on farmland from the public welfare perspective of preserving farmland and protecting the national environment, conform to the spirit of the Constitution and are reasonable for substantive justice. However, regulations on farmland, which is private property, are restrictions on the freedom and rights of the people, so they should be limited to the minimum necessary. It is the basic responsibility of the legislature, the executive branch, and the judiciary to find a balance between the protection and restriction of property rights. Recently, the Farmland Act has been revised to strengthen strict regulations, and concerns about not small evils are becoming a reality. Illegal diversion and dumping of agricultural land must be strictly and absolutely prohibited. However, due to the strengthening of the Farmland Act, the issuance of agricultural certificates is strictly rigid even by administrative authorities in rural areas that have nothing to do with speculative areas. In Chapter 2, this paper points out that the uncertainty of the definition of 'farmland' in the Farmland Act against the principle of clarity frequently leads to deviations and abuses of administrative discretion, which is likely to be unconstitutional. Chapter 3 focuses on the unconstitutionality of the regulations related to qualification certificates for acquisition of farmland. First, there is a fundamental infringement of property rights guaranteed by the Constitution by restricting the right to dispose of and acquire the right of ownership. Second, the freedom of residence & relocation and the freedom to choose a job are significantly violated. Third, it severely restricts the “right to live in a healthy and comfortable environment” and the “right to lead a life worthy of human beings”, and as a result, “dignity and value as a human being” and the “right to pursue happiness” are also significantly violated. Next, it is analyzed from the perspective of whether the principle of excessive prohibition is violated, the legitimacy of the purpose, the suitability of the means, the minimum of infringement, and the balance of legal interests. And it is also reviewed whether the right to equality is violated, and it is revealed that the denial of ownership transfer registration of illegally diverted farmland is unconstitutional. In addition, the possibility of unconstitutionality of the provision on limitation period for sanctions under Article 23, Paragraph 1 of General Act on Administration is also critically reviewed. Under the Criminal Procedure Act, there is a statute of limitations for the prosecution of a crime, and there is a long and short statute of limitations for various rights under the Civil Act. Citizens must file claims or lawsuits within a certain period of time to be protected in civil and criminal proceedings as well as administrative trials or litigation. It is to promote 'legal stability' to relieve the anxiety of the parties and excessive consumption of the national administrative and judicial system. In order to prevent the deviation and misuse of the discretion of administrative agencies, it is urgent to apply the limitation period for sanctions under the General Act on Administration. In Chapter 4, apart from the review of legal positivism and interpretive jurisprudence, an additional critical review of legal philosophy and general legal principles is attempted. First, there is a high possibility of unconstitutionality as the fairness in the legal treatment of unauthorized buildings and illegally-exploited farmland is significant. This is because the “Act on Special Measures for the Arrangement of Specific Buildings,” which has been enforced four times so far,

장기미집행 공원 문제 해결 방안에 관한 비교법적 연구

Urban parks are facilities that play an important role, such as providing space for residents in urban areas to engage in social and cultural activities and providing emotional stability. In particular, since it provides green area in urban areas, the importance of urban parks is further emphasized at a time when interest in the environment is high like these days. Urban parks, which play an important role in urban areas, have only confirmed the site of urban parks and have not been constructed as urban parks for a long time. In particular, if the urban park site is private land, the problem of infringement of property rights occurred because the landowner could not perform all development activities. Invalidation of Determination of Urban or Gun Planning Facilities was introduced in July 2000 to solve the problem of property rights infringement in long-term unexecuted park areas. Invalidation of Determination of Urban or Gun Planning Facilities means a system in which a Determination of Urban or Gun Planning Facilities becomes invalid if an urban park site has not been constructed as an urban park for 20 years. Since this legal system has been subject to effective not only private land but also national and public land, the area of urban parks is on the verge of seriously decreasing. To solve this problems, Act On Urban Parks and Green Area and the National Land Planning and Utilization Act were revised to preserve urban parks by introducing Special Cases concerning Developing Activities in Sites for Urban Parks in which the private sector participates in the construction of urban parks and Designation of Urban Natural Park Zones. Despite these efforts, the site area, which is a long-term unexecuted park, reaches 403.9㎢ nationwide, so it is necessary to solve the problem of long-term unexecuted urban parks. However, the finances of local governments are insufficient to turn long-term unexecuted urban parks into urban parks. Therefore, it is necessary to introduce a legal system that allows private sector can construct and manage urban parks with private capital. In order to introduce a system in which private sector can construct and manage urban parks more actively, Park-PFI in Japan is compared. Park-PFI is a legal system prescribed by the Act on Urban Parks in Japan that openly recruits private sector to construct and manage profitable facilities such as restaurants and stores in urban parks and constructs and manages facilities that cannot be profitable. Park-PFI can effective in solving the problem of long-term unexecuted parks by reducing the financial burden of local governments by participating in the creation and management of urban parks. To solve problem about long-term unexecuted urban parks, the writter suggests to compare Korea's urban park legal system with Japan's Park-PFI, derive implications, and present measures suitable for solving long-term unexecuted urban parks.

장기미집행 공원 문제 해결 방안에 관한 비교법적 연구

Urban parks are facilities that play an important role, such as providing space for residents in urban areas to engage in social and cultural activities and providing emotional stability. In particular, since it provides green area in urban areas, the importance of urban parks is further emphasized at a time when interest in the environment is high like these days. Urban parks, which play an important role in urban areas, have only confirmed the site of urban parks and have not been constructed as urban parks for a long time. In particular, if the urban park site is private land, the problem of infringement of property rights occurred because the landowner could not perform all development activities. Invalidation of Determination of Urban or Gun Planning Facilities was introduced in July 2000 to solve the problem of property rights infringement in long-term unexecuted park areas. Invalidation of Determination of Urban or Gun Planning Facilities means a system in which a Determination of Urban or Gun Planning Facilities becomes invalid if an urban park site has not been constructed as an urban park for 20 years. Since this legal system has been subject to effective not only private land but also national and public land, the area of urban parks is on the verge of seriously decreasing. To solve this problems, Act On Urban Parks and Green Area and the National Land Planning and Utilization Act were revised to preserve urban parks by introducing Special Cases concerning Developing Activities in Sites for Urban Parks in which the private sector participates in the construction of urban parks and Designation of Urban Natural Park Zones. Despite these efforts, the site area, which is a long-term unexecuted park, reaches 403.9㎢ nationwide, so it is necessary to solve the problem of long-term unexecuted urban parks. However, the finances of local governments are insufficient to turn long-term unexecuted urban parks into urban parks. Therefore, it is necessary to introduce a legal system that allows private sector can construct and manage urban parks with private capital. In order to introduce a system in which private sector can construct and manage urban parks more actively, Park-PFI in Japan is compared. Park-PFI is a legal system prescribed by the Act on Urban Parks in Japan that openly recruits private sector to construct and manage profitable facilities such as restaurants and stores in urban parks and constructs and manages facilities that cannot be profitable. Park-PFI can effective in solving the problem of long-term unexecuted parks by reducing the financial burden of local governments by participating in the creation and management of urban parks. To solve problem about long-term unexecuted urban parks, the writter suggests to compare Korea's urban park legal system with Japan's Park-PFI, derive implications, and present measures suitable for solving long-term unexecuted urban parks.

The protection of property rights in criminal and civil proceedings: ECtHR practice

The article is relevant in modern conditions since the protection of property rights is one of the main prerequisites for the functioning of the market economy and ensuring the country's economic development. In this regard, it is important to study the practice of the European Court of Human Rights (ECtHR) on the violation of property rights in criminal and civil proceedings, as this can help to improve the legal practice of domestic courts and ensure more effective protection of property rights. The study of the practice of the ECtHR on this topic is an important step for improving the country's legal system and ensuring proper protection of property rights, which is important for the development of society as a whole. The purpose of the research is to study the practice of the European Court of Human Rights (ECtHR) regarding the violation of the right to property in criminal and civil proceedings, as well as the analysis of this practice in order to determine the standards used by the ECtHR when considering cases related to the right to property. The methodological basis of the work consists of general scientific and special methods: the method of analyzing scientific literature, comparative analysis, empirical research methods, system analysis, and legal expertise. The result of the work is research and analysis of the practice of property rights protection in criminal and civil proceedings in accordance with international standards, which will allow to propose possible solutions for improving national practice and legislation in this area.

재산권 보장을 위한 입법의 방향성 논의

Recently, the problem of soaring real estate prices in Korea has emerged as a public concern. As a result, the National Assembly revised the law related to real estate to pursue a change in the existing economic order. The constitution of our country adopts democracy and is based on the principles of national sovereignty and capitalism. These constitutional principles apply to all sectors of the state. The constitution stipulates that 'the economic order of Korea is based on respecting the economic freedom and creativity of individuals and companies.' In other words, the constitution explicitly states that it is based on the private property system and private autonomy. The Constitution and Civil Law also have specific rules for guaranteeing property rights. There are also restrictions on people's property rights and regulations on public use. However, if the people are divided due to the legislative action of the National Assembly, great confusion can occur nationally. Currently, Korea is conducting a post-mortem review of whether the legislation of the National Assembly is unconstitutional. Grana has not introduced a pre-screening system. Therefore, it is necessary to fully review the controversial revisions of the law. To this end, I would like to examine the legislative process and interpretation of the restrictions on property rights in Germany and France. In addition, it reviews decisions on property rights of the Constitutional Court of Korea. Through this, it is necessary to derive a clear criterion for infringement of property rights against laws related to property rights restrictions.

Prerequisites for the effectiveness of interrogation of victims of robbery attacks on citizens’ homes with the use of weapons

Currently, the problem of violations of property rights involving the seizure of other people’s property and breaking into people’s homes with weapons is becoming more acute. Poor investigation of these cases causes a public outcry. Victims are the ones who have the best information about the incident, so it is important to study the prerequisites for interrogating the injured party. The research aims to build a structure of consistently logical, generalised questions for interrogating victims of robberies involving the use of weapons. The methods used are analytical, generalisation, analogy, and synthesis. The general, guiding questions for the interrogation of victims during the investigation of robberies involving weapons are formulated in the study. Such questions are formulated considering the victim’s condition after a robbery attack on a home using weapons, as well as the results of studying the peculiarities of committing these crimes, establishing, and summarising their circumstances. These aspects allow the investigator to obtain holistic, logically connected information about the crime to build a system of evidence. The general, orientation questions for interrogating victims during the investigation of robbery attacks on citizens’ homes with the use of weapons are systematised, divided into types, grouped and summarised, so that it is more convenient for investigators to study and use them during the investigation of such criminal offences for a more effective reproduction of the sequence and integrity of the event, as well as for obtaining complete and reliable testimony during the interrogation of the victim. The author identifies the consequences of using incorrectly formulated questions to the victim by the investigator during interrogation, and the danger of using questions which are not prepared for the relevant criminal offence is clarified. The practical value of the work lies in the fact that the results of scientific research will contribute to the improvement of interrogation of a victim of robbery with weapons