Protection of rights of ownership under Ukrainian and European law: theory and practice

Volodymyr NAHNYBIDA; Zhanna CHORNA; Svitlana LOZINSKA; Roksolana IVANOVA; Volodymyr BOBRYK

Authors

Volodymyr NAHNYBIDA Academician F.H. Burchak Scientific-Research Institute of Private Law and Entrepreneurship of the National Academy of Law Sciences of Ukraine https://orcid.org/0009-0005-0131-6060
Zhanna CHORNA Associate Professor at the Department of Civil Law and Procedure, Leonid Yuzkov Khmelnytskyi University of Management and Law, Khmelnytskyi, Ukraine
Svitlana LOZINSKA Associate Professor at the Department of International and European Law, Leonid Yuzkov Khmelnytskyi University of Management and Law, Khmelnytskyi
Roksolana IVANOVA Associate Professor at the Department of International and European Law, Leonid Yuzkov Khmelnytskyi University of Management and Law, Khmelnytskyi, Ukraine
Volodymyr BOBRYK Senior Researcher at the Department of Private Law Problems, Academician F.H. Burchak Scientific-Research Institute of Private Law and Entrepreneurship of the National Academy of Law Sciences of Ukraine

Keywords:

Notaries, practice of the European Court of Human Rights, Internet platform, methods of protection of rights of ownership, approaches to protection of rights of ownership

Abstract

The relevance of this scientific research in the protection of rights of ownership is determined by the specifics of enshrining regulatory provisions in the current legislation, as well as in connection with the active use of rights of ownership and the mechanism for its protection on the Internet platform and in social media. The purpose of this research is a detailed study of the theoretical and practical segment of the mechanism for implementation of the protection of rights of ownership of individuals, as well as a study, on the basis of this research. The regulatory and legal provisions were analysed, the main approaches responsible for the mechanism for implementation of the protection of rights of ownership of individuals were discovered, and the main problems preventing the proper effective functioning of this mechanism in the protection of rights of ownership of individuals were identified.

Author Biography

Volodymyr BOBRYK, Senior Researcher at the Department of Private Law Problems, Academician F.H. Burchak Scientific-Research Institute of Private Law and Entrepreneurship of the National Academy of Law Sciences of Ukraine

https://orcid.org/0000-0002-2152-9937

References

ABAKUMOVA, E.B. State legal protection of the rights of entrepreneurs in public legal relations. Actual Problems of Economics and Law, 2018, vol. 4, pp. 828-841.

Case No. 638/3309/15-c. Unified State Register of Judgments, 2021. Available from: <https://www.uacourt.openregister.info/nevyznachena-kategoriya--2?document=44979829>.

Civil Code of Ukraine of 2003, 2021. Available from: <http://surl.li/kixz.>

DERBYSHEV, D.A. and TIMOFEEVA, R.I. Delimitation of the concepts of intellectual rights and property rights. Fundamental and Applied Research in the Modern World, 2016, pp. 16-3, pp. 154-156.

Dutch Civil Code of 2011, 2021. Available from: <http://surl.li/acivv.>

French Civil Code, 1804. 2021, Available from:

German Civil Code, 1900. 2021, Available from:

GRAZIADEI, M. The European Court of Justice at Work: Comparative Law on Stage and Behind the Scenes, Journal of Civil Law Studies, 2020, vol. 13, no. 1, article 2.

IMAMOVA, D. I. Legal framework for the protection of property rights. Economics and Law, 2021, vol. 5, pp. 23-27.

KOCHARYAN, S. Protection of the practice of judges of Ukraine, the practice of SPSL for an hour to look at the right violation of the right of power. Entrepreneurship, Statehood and Right, 2021, vol. 2, pp. 49-54.

Law of Ukraine No. 3477-IV “On the execution of decisions and application of the practice of the European Court of Human Rights” of 2006, 2021. Available from: <https://zakon.rada.gov.ua/laws/show/3477-15#Text.>

MARCHENKO, V. The food is served by the notary for the subjective civil rights. Entrepreneurship, Statehood and Right, 2020, vol. 3, pp. 31-35.

MINNIKES, I.V. Ownership as a set of powers. Journal of Law, 2017, vol. 1, pp. 2-9.

Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms of 1952, 2021. Available from: <http://www.echr.ru/documents/doc/2440801/2440801.htm.>

Rating of the countries of the world according to the index of property rights protection, 2021. Available from: <https://gtmarket.ru/ratings/international-property-right-index.>

Resolution of the Supreme Court No. 910/10987/18 of 2020, 2021. Available from: <http://search.ligazakon.ua/l_doc2.nsf/link1/VS200028.html.>

Resolution of the Supreme Court No. 910/17274/17 of 2018. 2021. Available from: <https://zakononline.com.ua/court-decisions/show/82095858.>

Resolution of the Supreme Court No. 923/82/19 of 2020, 2021. Available from: <https://zakononline.com.ua/court-decisions/show/87478664.>

ROMANOVA, V.V. Legal responsibility of the state. Legal Science and Law Enforcement Practice, 2016, vol. 3, pp. 23-29.

RYZHIK, A.V. Institutionalization of the interests of owners in Russian civil law. Moscow: Russian Academy of Advocacy and Notary, 2017.

SALHI, B., RIGUEN, R., KACHOURI, M., JARBOUI, A. The mediating role of corporate social responsibility on the relationship between governance and tax avoidance: UK common law versus French civil law. Social Responsibility Journal, 2019, vol. 16, no. 8, pp. 1149-1168.

VOLODIN, A.B. Protection of property rights in the practice of the European Court of Human Rights. Prospects for the Development of Science in the Modern World, 2018, pp. 18-22.

YULBERDINA, L.R. and LATYPOVA, D.R. Property and property right: The problem of the correlation of concepts. Integration of Sciences, 2017, vol. 3, pp. 40-42.