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Features of the legal protection of property rights in Ukraine and the European Union

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Category: Economy and Management

Last Updated on 07 January 2019

Published on 26 December 2018

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Authors:

V.Zarosylo, Cand. Sc. (Jurid.), orcid.org/0000-0003-2452-264X, Kyiv State College of Tourism and Hotel Management, Kyiv, Ukraine, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Yu.Korostashyvets, Cand. Sc. (Jurid.), orcid.org/0000-0002-9861-091X, Kyiv State College of Tourism and Hotel Management, Kyiv, Ukraine, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

L.Maksymova, Cand. Sc. (Jurid.), Assoc. Prof., orcid.org/0000-0001-7660-6779, Kyiv University of Tourism, Economics and Law, Kyiv, Ukraine, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

S.Nechyporuk, Cand. Sc. (Jurid.), orcid.org/0000-0002-1972-2877, National School of Judges of Ukraine, Kyiv, Ukraine, e‑mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Abstract:

Purpose. To develop strategy of development of Institution of right of ownership which will act as an important part of the national security strategy. To consider legislative ways of increasing the investment attractiveness and economic potential of Ukrainian enterprises, the level of social protection of the population. Based on the experience of property rights protection in the European Union member States, to prove that the basis for the legal protection of property rights should be economic feasibility rather than the political situation of the Executive branch and the legislature.

Methodology. The authors used the method of comparative legal analysis, which allowed comparing the features of legal protection of property rights in Ukraine and the countries of the European Union and coming to certain conclusions. The historical and legal method allowed the authors to establish the patterns and trends of property rights protection in general and in separate elements. The logical-legal method of scientific knowledge allowed the authors to draw conclusions that are necessary to underpin the social significance of the Institution of property rights in Ukraine.

Findings. The authors found three causes of instability of the Institution of property rights in Ukraine:

1. The Institution of the right of ownership is formed and evolves exclusively within the borders of legal science, while in the states of the European Union, property rights are seen primarily through the lens of economic theories.

2. Relatively short history of development of legal protection of property rights and the impact of post-Communist ideology.

3. Lack of formation of traditions of respect for private property and the right to protection of property in the educational programs of secondary and higher educational establishments.

The identified causes do not only fail to contribute to the development of the institution of property rights and its legal protection, but also undermine the economic and national security of Ukraine.

Originality. The authors found that the legal protection of property rights is an important characteristic of the economic security of Ukraine. The authors proposed the strategy to develop the Institution of right of ownership, which has an important influence on the security strategy of Ukraine. The development strategy of the Institution of law of ownership includes the following main provisions: legislation that provides legal protection of property rights in Ukraine, should proceed from economic and social theories; basics of legal protection of property rights should be included in educational curricula in secondary educational establishments so that students know the constitutional norms which protect them from property and moral damage; it is necessary that in the models of the educational landscape, the Institution of the right of ownership was considered as one of the foundations of economic and, consequently, national security strategy of Ukraine; the Ukrainian national idea should include not only a national and cultural component, but also an economic one. In the modern realities, the economic power of the state is the defining characteristic of its geopolitical ambitions.

Practical value. The results obtained during the research can be used: a) in the research field on issues of protecting ownership rights; b) in the sphere of law-making to improve laws and regulations governing property rights in Ukraine; c) in judicial practice for uniform application of the provisions of the civil law when considering disputes connected with legal protection of property rights in the courts of General jurisdiction and economic courts.

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