Protection Of Private Property Research Articles

Constitutional and legal mechanisms for the protection of private property

The article analyzes such problems of modern constitutional law as the formation of mechanisms for protecting the right of private property, as well as the potential of constitutional regulation of the institution of private property. To study the essence of the mechanisms for protecting private property rights, it is necessary to define a number of concepts. First of all, it is necessary to establish what is meant by the concept of "protection of human rights". Examining constitutional mechanisms for the protection of human and civil rights, including in the field of protection of private property, it is necessary to remember that they operate in a certain socio-economic, political, social aspect, which in turn can both enhance and reduce the effectiveness of human rights defenders. institutions (human rights mechanisms). If there is an unstable political, socio-economic situation in the country, there is a loss of value orientations and more, then the corresponding mechanisms for protecting certain rights will be powerless. For a long time, such an unstable socio-economic situation existed in the Russian Federation, the consequences of which can be observed at the present time, which is why it is necessary to put everything in order, including human rights mechanisms, since they play an essential role in the life of the state. The author suggests some ways to resolve the current situation.

KONSTITUTSIYADA MULK HUQUQINING IFODALANISHI

The Constitution is the main law of our country. The constitution must reflect the right to property and guarantee the inviolability of the property of a person and a citizen. These guarantees, in turn, should be clearly valid and enforceable, and should not be subject to varying interpretations by the implementers. It is these guarantees that increase the trust of a person and citizens in the constitution, laws, and the state. Property rights must be guaranteed by law. In the ongoing constitutional reforms in Uzbekistan, one of the priority tasks is the improvement of constitutional norms relating to the right to property and its provision. In this regard, it seems appropriate to study the scientific and practical aspects of enshrining the norm in the constitution that the inviolability of property can only be violated by alienation by the owner with the preliminary payment of a full and fair price by a court decision. In addition, it is important to express in the constitution the provisions that a thing belonging to a citizen imposes on him not only rights but also certain duties, under which the owner must perform all actions for the benefit of the society using the property. It is also necessary to strengthen the protection of private property, while it is necessary to establish rules regarding the protection and guarantee of private property by law and not by the state.

ОРГАНІЗАЦІЙНО - ПРАВОВІ ЗАСАДИ ДІЯЛЬНОСТІ ПРИВАТНИХ ДЕТЕКТИВІВ В ПОЛЬЩІ ТА УКРАЇНІ

institutional crisis, destruction of anti-corruption legislation and loss of trust in law enforcement agencies - stimulates the development of non-governmental organizations and the emergence of individuals, protect private property, ensure personal safety, protect the lives and health of citizens. These include security agencies, bodyguards and private detectives. The lack of legal regulation of detective activity in Ukraine is a very big legal problem that separates us from the modern European world. The desire of the current government to maintain control over law enforcement agencies and the weak implementation of law enforcement and investigative activities - contributes to the active development of crime in Ukraine. This forces Ukrainian scientists and lawyers to study international experience for the effective implementation of the institute of detective work, in accordance with current international law. The activities of private detectives in European countries - is ensured by the right of citizens of these countries to protect their constitutional rights. Also, in the territory of the European Union, the activities of private detectives are legal and clearly spelled out in law. Legal regulation of private detective work is a very difficult issue. It is difficult to create adequate legal conditions when it comes to the authority of some people - to obtain information about third parties without their consent and knowledge. Therefore, the legislator of a modern European country must find a fine line between personal freedom, the right to privacy and the minimum rights of a person engaged in private detective work. This is necessary for the detective to be able to perform his duties efficiently and reliably. Today in Ukraine there are no laws that would clearly regulate private detective work. However, services that show signs of private detective work are still provided by individuals and agencies. If you look at the sections of ads on the Internet, you can find many suggestions for the provision of detective services.

Diverse stakeholders navigate divergent perspectives on stream restoration success in Western rangelands

Ecological restoration is a value‐driven process; yet social understanding of restoration lags ecological understanding. Restoration goals are driven by which stakeholders have a voice in the restoration process and their individual goals. While conflict among stakeholder visions has been observed, we lack a multidimensional understanding of these visions, where they overlap, and how they diverge. Focusing on stream restoration on private lands, we asked: (1) How do perspectives on measures of restoration success vary among stakeholders, including contractors and designers, scientists, organizations, and landowners? and (2) How do these groups discuss and navigate these differences? We used a mixed‐method interview and Q‐methodology approach to understand the range of stakeholders' approaches for assessing a successful stream restoration. We asked stakeholders to rank their level of agreement with 33 statements about restoration goals, using these to evaluate perspectives about restoration success. We identified four perspectives on successful stream restoration that varied in: the use of science‐driven criteria, risk tolerance, private property protection, and commitment to restoring streams to a previous state. Notably, contractors used deficit model approaches to communicate with landowners, even for private restoration. Institutional and cultural changes to how we approach restoration, suggested by some of the interviews, may provide paths forward. These include a recognition that all restoration objectives are socially defined, even within and among professionals, and that landowners have important local‐system knowledge. Earlier engagement between all stakeholders involved in restoration may help create mutual understanding across parties and stave off disputes about project objectives or implementation.

Rights without Ratification: How the US Government Found Its Way to Peace with Austria in the 1920s

Abstract After the US Senate rejected the Treaty of Versailles in 1920, the US government needed to find an alternate, politically viable route to a legal termination of its state of war with Germany, Austria, and Hungary. This was necessary to reopen diplomatic and trade relations, end domestic wartime legislation in the United States, settle a range of war-induced property claims, and, in Austria, to secure a League of Nations economic restructuring plan. In the Knox-Porter Resolution, or July Resolution, Congress claimed rights based on November 1918 armistices and the subsequent Paris treaties, even as they refused to ratify those actual treaties. This resolution formed the basis of the 1921 US treaties with Austria, Hungary, and Germany. The process of settling property claims dragged on until the end of the decade. The coverage in the New York Times reveals the importance of conflicts between the executive and legislative branches, partisanship and debates over the future of US foreign policy, US politicians’ focus on Germany rather than on the particular circumstances facing Austria, and a commitment to protecting private property rights as elements that shaped and prolonged the process of reaching a US-Austrian peace.

Rights without Ratification: How the US Government Found Its Way to Peace with Austria in the 1920s

Abstract After the US Senate rejected the Treaty of Versailles in 1920, the US government needed to find an alternate, politically viable route to a legal termination of its state of war with Germany, Austria, and Hungary. This was necessary to reopen diplomatic and trade relations, end domestic wartime legislation in the United States, settle a range of war-induced property claims, and, in Austria, to secure a League of Nations economic restructuring plan. In the Knox-Porter Resolution, or July Resolution, Congress claimed rights based on November 1918 armistices and the subsequent Paris treaties, even as they refused to ratify those actual treaties. This resolution formed the basis of the 1921 US treaties with Austria, Hungary, and Germany. The process of settling property claims dragged on until the end of the decade. The coverage in the New York Times reveals the importance of conflicts between the executive and legislative branches, partisanship and debates over the future of US foreign policy, US politicians’ focus on Germany rather than on the particular circumstances facing Austria, and a commitment to protecting private property rights as elements that shaped and prolonged the process of reaching a US-Austrian peace.

Entrepreneurial attitudes as an element of the financial and economic culture of students

The transition to a market economy implied the creation of opportunities for individuals to realize entrepreneurial talent. Over the past thirty years, the interest of young people in doing business has noticeably decreased. At the same time, in the conditions of the labor market compression caused by the crisis, increasing competition for available vacancies, the idea of starting own business may be attractive. The article is based on the results of a large-scale sociological study, which included a mass survey of students of the Financial University under the Government of the Russian Federation, a series of semi-structured interviews with experts and focus group interviews with students. It shows how students feel about entrepreneurship, how right they are, according to experts, in their expectations, and how the discovered ideas and attitudes can affect the development of the economy. According to the survey results, a third of students think about their own business as a way to achieve financial well-being. Young people mostly do not see their relatives and friends as their business partners, since they prefer to conduct business on a formal basis, which they see as a certain guarantee against unfair actions of partners. At the same time, the results suggest that the protection of private property and, first of all, business, is clearly insufficient for young people. This corresponds to their ideas about the disinterest of key economic actors in fair market competition, demonopolization of the economy, reduction of corruption in the public administration system, judicial and law enforcement agencies. Experts express skepticism about the possibility of the majority of young people to open and keep afloat their business, and attribute this to a shortage of material and educational resources, and most importantly — of the social capital that corresponds to the specifics of the current economic system.

Reform of State-Owned Enterprises – New Threats and New Opportunities for the Development of Uzbekistan’s Economy

The purpose of this article is to identify new threats and opportunities in the reform of state-owned enterprises in Uzbekistan to improve the efficiency of state-owned enterprises and the national economy as a whole. In the course of this study, the problem of corruption, methods of reforming state enterprises in developing countries, their consequences and directions of development were studied. And also, a critical view is given and recommendations are proposed for the reform of state-owned enterprises in the domestic economy. Based on the results of the analysis and analysis of state programs, special problems were identified in state-owned enterprises in the field of subsoil use, extractive industries and the activities of enterprises with a state share. The results of the study indicate the need to strengthen supervision over the activities of state-owned enterprises, since their profitability or unprofitability directly affects the degree of associated fiscal risks. State- owned enterprises often perform quasi-fiscal functions, attracting funds from both the state budget and external sources to finance industry projects. In the field of reforming state-owned enterprises of Uzbekistan, key conclusions have been made regarding the communication to the public, the goals, objectives and the need for ongoing transformations. There is no doubt that the reform of state-owned enterprises requires significant changes in legislation in the field of antimonopoly regulation and protection of competition, the banking and financial system, improving the protection of private property and consumer rights, social protection of the most vulnerable segments of the population and the unemployed.

The Scene of Eviction: Reification and Resistance in Depression-Era Narratives of Dispossession

AbstractBecause evictions pervaded US working-class cityscapes during the Great Depression, newspapers actively covered their developments and aftermaths, trading in eviction as a commodifiable experience that could entertain readers at the expense of pathologizing evictees and naturalizing summary process. Against this eviction reportage, this essay identifies a disconnected coterie of authors and artists who represented evictions and anti-eviction protests in their works, mapping out an urban geography that attends to the sociospatial and historical politics of forced ejection. In the writings of H. T. Tsiang and Ralph Ellison in particular, eviction constitutes a spatial politics of violence and exclusion, revealing the state’s protection of private property and bourgeois class interests over the well-being of its working-class and unemployed residents. Illustrating the sociospatial politics of eviction, these authors exploited and contested popular genres of eviction reportage, which narrated dispossession as a pathology of the poor to legitimate the state’s violent protection of private property. Challenging this pathologization as well as the scapegoating of Communist agitation, this essay contends that these texts account for how the juridical architecture of eviction itself creates the space and social mechanisms for anti-eviction resistance to take place. In so doing, this article positions housing and homeless justice as a politics central to the aesthetic experimentations and legacy of 1930s proletarian modernisms.

CIVIL-LEGAL ASPECTS OF THE PROTECTION OF PRIVATE PROPERTY

In this article, the author analyzes domestic and foreign regulations for the protection of private property and their main provisions. The article also draws attention to some theoretical sources made by the author in the field of protection of private property, while also focusing on the theoretical aspects of the protection of private property rights belonging to the owner.

Unbundling institutional determinants of innovation

AbstractWhy are some nations wealthy, while others remain mired in poverty? Prior literature suggests technological innovation and strong institutions are uniquely conducive to long‐term economic growth. Property rights institutions (PRIs) afford protection from expropriation by the government and political elites, while contracting institutions (CIs) allow private parties to conduct commercial transactions. In this study, we systematically examine the relative effects of PRIs and CIs on innovation. Using an instrumental variable (IV) approach and two‐stage least squares regression framework, our results suggest that PRIs have a strong positive effect on innovation, while CIs do not. Constraint on executive, protection from expropriation of the government, and protection of private property are proxies for PRIs, while legal formalism, procedural complexity, and number of procedures are proxies for CIs. We find strong empirical evidence that PRIs have statistically significant effects both on innovation intensity and time lag in innovation adoption, while the impacts of CIs on these measures of innovation are generally insignificant. Our findings are relevant to policymakers today as developing countries look to innovation to reignite their economies and avoid the middle‐income trap.

The Beginning of Private Security and the Development of the Hungarian Private Security Sector up to the First Legal Instrument with the Status of Law

Aim: The aim of the current study is to present the progress of the modern private security, with the review of the fosterer (catalyst) and impedimental factors, focusing on the development of the legal regulation.Methodology: During our research we analysed the law material of socialism, reviewed scientific works and press articles.Findings: The framework for the sector is usually determined on national level, but endeavouring to optimally regulate it is crucial as it can be a hotbed of unlawful performance and misuse, while overregulation can thwart efficient and effective operation. For instance, determining initial profit obligations for enterprises later proved to be an interfering factor and was repealed in 2005. Private property has always needed protection throughout history and this need for protection is one of the main catalysts for the expansion of private security.The other is the growing sense of criminality as the common subjective security- preconception deteriorated.Value: The milestone in the history of the profession in Hungary is the Act XXXXIV of 1994 on the Police that expressis verbis proclaims that the protection of public security does not belong to the exclusive tasks of the Police as private sector has to take part in private property protection. Act IV of 1998 officially recognized property protection as a profession. This study emphasizes these facts. The legal background of Hungarian private security will be reformed soon. The legislation creates new norms (legal tools of defence, methods) according to the characteristics of defended values (values, threats). It is crucial to learn the historical background and development of private security in the process of creating proper, effective new law.

Platforma za "Okončanje ratnog perioda" na prostorima bivše SFRJ sprovođenjem ratifikovanog Ugovora o pitanjima sukcesije uz posebni osvrt na "Anex G"

The reason for writing this paper is the (non) application of the Agreement on Succession Issues, especially its Annex G, which refers to private property and acquired rights. The authors analyzed the legal norms from a theoretical point of view, and then, by researching case law and analyzing the decisions made, they pointed out the (non) application of the ratified Agreement on Succession Issues. Respecting the assumed international obligations, valid international law, legality and justice, as well as the credibility of the European Union, it is necessary in practice to ensure more efficient and direct application of Annex "G" of the Agreement on Succession Issues which stipulates that SFRY successor states will protect private property. and acquired rights of citizens and other legal entities. Result of the author's paper is the Platform for "Ending the War Period" on the territory of the former joint state of SFRY by implementing the ratified Agreement on Succession Issues with Annexes of "A - G" with special reference to Annex "G" Private property and acquired rights, as a convalidation enacted laws and their legal consequences. The aim of the paper is for the representatives of the states of the former SFRY to adopt the proposals of the future Declaration on the basis of the mentioned Platform, which the authors presented in the conclusion of the paper.

Національна безпека України: економічний вимір

The article reveals the essential characteristics of economic security, its components, role and features. The vision of national security of Ukraine as a set of interconnected components allows to put on the agenda its economic dimension as one of the main among others: military, energy, information, consolidating – political. The evolution of organizational and legal bases and institutions of public administration created to ensure economic security in the face of threats and their counteraction in independent Ukraine is traced, the effectiveness of their activities is assessed, the weaknesses of Ukraine’s economic system . The interdependence and coherence of Ukraine’s economic security and national economic interests and their direct impact not only on the economic but also on the political sovereignty of our state have been proved. It is argued that understanding the essence of the state’s economic security as a means of protecting one’s own interests, political elite and the slow growth of the economic culture of ordinary citizens are threats to Ukraine’s economic security. Emphasis is placed on the need to complete the reforms, in particular, strengthen the protection of private property, change the law enforcement system and carry out urgent reforms and measures – large-scale privatization, corporate governance of state enterprises, overcoming low economic literacy, economic deregulation, innovative modernization, institutions, further economization of foreign policy to expand the geography and increase the capacity of Ukrainian exports, increase the efficiency of economic diplomacy. It is emphasized that the protection of the state lacks not so much a professional assessment of the economic dimension of national security and the declaration of reforms, as patriots-reformers and their support and understanding of society.

Non-criminal murders: A sociological essay about the use of self-defence in Argentina

This article seeks to examine the use of the figure of self-defence in the practices of the Buenos Aires criminal justice system. As we will show with the analysis of some paradigmatic cases, through the use of this exceptional figure, this criminal justice system produces certain murders as non-criminal acts to, paradoxically, safeguard individual life as a hegemonic value. Moreover, we will observe that the use of this legal figure reveals that killings to protect private property may not have a criminal character either. This in turn suggests that private property is also a hegemonic value for this criminal justice system, and that the allegedly supremacy of individual life over private property in its value scale should be at least questioned.

Protecting concessionary rights: General principles and the making of international investment law

AbstractThis article engages with the history of international investment law in the first half of the twentieth century. It traces how international lawyers inscribed their vision of an international legal order protecting private property of Western companies against attempts at nationalization in the wake of socialist revolutions and the decolonization of large parts of the world. The article focuses on the role of ‘general principles of law as recognized by civilized nations’ as building blocks for an international legal order today called international investment law. Rather than describing a direct line between contemporary standards of protection and the invocation of general principles, the article develops conditions of possibility for the emergent field of international investment law. These conditions are located both in arbitral practice, as well as in international legal scholarship of the early twentieth century. Based on the analysis of such arbitrations over disputes resulting from concession agreements and scholarly writings in the interwar period, the contribution draws out the modes of authorization upon which the legal claims advanced by international lawyers rested. At the heart of the vision were ideas of ‘modernity’, ‘civilization’, ‘equity’, and ‘justice’ that enabled a hierarchization of difference, locating Western claims to legality above rivalling claims of socialist and ‘newly independent’ states. These ideas ultimately constituted the paradox of a ‘modern law of nature’ that claimed timeless universality while authorizing the ordering of foreign property in line with Western conceptions of modernity.

Legal origins and innovation: Global evidence

This paper presents cross-country evidence on whether and how legal origins affect technical innovation. Using panel data on 120 countries between 1996 and 2019 and the Least Square Dummy Variable (LSDV) approach, we find that common law countries generally perform better in both technology innovation inputs and outputs than their civil law counterparts. Interestingly, we further present that French civil law countries exhibit the worst innovative performance, whereas German and Scandinavian civil law countries might even exceed common law countries in technical innovation. At least, there is no solid evidence to show that common law countries outperform German and Scandinavian civil law countries in technical innovation. Our findings further show that legal origins affect technical innovation via the political channel and the adaptation channel, and that legal origins’ actual role in technical innovation correlates with their impacts on financial development and private property protection. Our study offers new insight into legal origins’ economic consequences.

The end of rent sharing: corporate governance reforms in South Korea

ABSTRACT As the imprisonment of Samsung’s heir, JY Lee, clearly indicates, South Korean conglomerate groups (chaebol) face enormous difficulties in protecting their private property via father-son inheritance of the entire group. High party polarization (i.e. intense competition between ideologically divided political parties) within Korean democracy has continuously threatened the chaebols’ private property and family succession system, criticizing the unusually high economic concentration enjoyed by the top ten chaebols. Using the rent sharing view (RSV) of corporate governance, this contribution to the special issue examines key variables in the evolution of Korean corporate governance: the impact of the traditional corporate governance (TCG) and the new holding company system (HCS) on intragroup trading (IGT), non-dividend incomes hoarded by owning families, ownership-control disparity (OCD) and family succession. We find that private property protection through rent sharing continues to overshadow chaebols’ choices about their future corporate governance structure, while the new HCS fails to curb IGT, non-dividend incomes, OCD and family succession.

Early Australian rabbit-proof fences: paling, slab and stub fences, modified dry stone walls, and wire netting

AbstractFences were critical in the fight against rabbits in colonial Australia. Initially, domestic rabbits were farmed in pens or paddocks fenced with paling fences or walls. Wild-caught rabbits imported from England escaped and became serious pests from the 1850s. As their status changed from protected private property to a major pest, the functions of fences changed to fencing rabbits out. Legislation requiring or specifying rabbit-proof fences lagged several years behind recognition of rabbits as a problem. Most log and brush fences in infested districts were burnt to destroy rabbit harbour. Dry stone walls were modified in many ways; paling, slab, picket and stub fences were all tried, but were unsuccessful, and by 1886 netting was standard. Using examples from the rich agricultural Western District and the considerably poorer Mallee Region of Victoria, this article describes the many forms of rabbit fences used between the 1850s and the mid-1880s. All of the experimentation with different structures was by individual landholders, with colonial governments conspicuous by their lack of involvement until they erected rabbit-proof barrier fences.

Revolutionary Masculinity and Racial Inequality: Gendering War and Politics in Cuba

Revolutionary Masculinity and Racial Inequality: Gendering War and Politics in Cuba