Open AccessInvoluntary termination of private property rights under the civil legislation of Ukraine
Author(s) -
Oleksandr Mykhailov,
Anna Hryb,
Анастасія Олександрівна Рябошапченко
Publication year - 2020
Publication title -
revista amazonía investiga
Language(s) - English
Resource type - Journals
ISSN - 2322-6307
DOI - 10.34069/ai/2020.27.03.7
Subject(s) - ukrainian , civil code , legislation , private property , property rights , context (archaeology) , law , political science , business , human rights , civil law (civil law) , order (exchange) , law and economics , economics , public law , geography , finance , philosophy , linguistics , archaeology
The article investigates theoretical and practical problems of civil regulation of involuntary termination of private property rights. Private ownership is one of the essential human rights. That is why it is extremely important to provide its appropriate protection. It is especially important in terms of current Ukrainian realities in the context of continuous hostilities, the temporary occupation of part of the country's territory, rapid economic reforms aimed at bringing the Ukrainian economy closer to the standards of the European Union. The involuntary termination of private property right should be an exception used in very rare cases, established by law. Considering this, the article analyzes established by Ukrainian legislation cases of involuntary termination of private ownership from the point of view of human rights protection. Some imperfections in the legal regulation of involuntary termination of private property are revealed and ways of improvement of the current state are suggested. It is concluded that involuntary termination of private ownership takes place in a limited number of cases, but it does not directly follow from Art. 346 of the Civil Code of Ukraine. It was offered to supply Art. 346 of the Civil Code of Ukraine with the provision that ownership shall be terminated by compulsory order only on the grounds and in the manner provided by the Civil Code and the Laws of Ukraine.