Prepared by studients:

Natalie Gura

Oleg ZhukovAnastasia Palchevska

Ways of property rights protection

Objective: To investigate and analyze

the classification of protection ways of

the different ownership types.

Problem: To consider issues related to the protection of

property rights in the civil law. Explore and analyze existing

jurisprudence classification of protection methods of the

property rights. Identify the major areas of property rights

protection , which are intended to return the property from

illegal possession, removal of obstacles in the

implementation of the proprietary interest or restore

property of the affected owner.

Right of ownership– this is one of the basic human rights.

After natural rights, this is the first right which is protected by

the power. Thus, according to the Art. 13 of the Constitution of

Ukraine, "the state protects the rights of all subjects of property

rights" and Art. 41, "no one shall be unlawfully deprived of

property rights."

The Civil Code of Ukraine from 16.01.2003:

Article 15. The right to the protection

of civil rights and interests

1. Everyone has the right for protection

of civil rights in the event of any

violations, non-recognition or

contestation.

Article 16. Protection of civil rights

and interests of the court

1. Everyone has the right to go to court

to protect property or personal non-

property rights and interests.

Article 321. The inviolability of property

rights

1. The right to property is inviolable. No

one may be unlawfully deprived of that

right or limited in its implementation.

2. A person may be deprived of property

rights or limited in its implementation only

in cases and in the manner prescribed by

law.

Article 316. The concept of ownership

1. Ownership is the right to a thing (property) which it exercises under

the law as they would, independently of the will of others

Art. 16 Civil Code of Ukraine specifies clearly that ways of

protecting civil rights and interests may be :

• recognition of the right;

• recognition of the transaction null and void;

• termination in violation of any law;

• restore the situation that existed before the violation;

• enforcement of the obligation in kind;

• change of relationship;

• termination of relationship;

• compensation and other methods of compensation for property

damage;

• compensation for moral (non-proprietary) damage;

• recognition unlawful decisions, actions or omissions of the

public authority, authority of the Autonomous Republic of

Crimea or local governments and their officers and employees.

Who protects property rights in Ukraine :

Ways to protect civil rights and interests established by law, realized by this power

Protection Authority, that says nothing about the form of protection law.

Thus, in ch. 1, Art. 16 Civil Code of Ukraine stipulates that every person has the

right to go to the court to protect his/her personal property or non-property rights

and interests.

In Art. 17 18 19 Civil Code of Ukraine there are positions about the protection of

civil rights and interests of the President of Ukraine, state authorities, authorities of

the Autonomous Republic of Crimea and local governments, as well as by making

notaries writ in the debt paper;

Also in these articles talking about self-defense, which states that a person has the

right to defend his/her civil rights and the rights of another person from violations

and unlawful acts.

Forms of property rights protection :

There are jurisdictional and non-jurisdictional forms of civil rights

protection. The main difference between them is that the protection

of property rights in the jurisdictional form carried out by various

specially authorized for this type of actions by state competent

authorities with characteristic of each one of the procedural order

activity, while protecting the rights and interests in the non-

jurisdictional form proceeds within the

financial relationship and as rule by the

participants of relationship.

The most famous is the separation of civil and legal ways to protectproperty rights, which has its roots since the Roman private law, on theproprietary and contractual-legal means. In Roman law traditionallyisolated such main proprietary legal ways of protecting property rights :vindicatory and negatornogo claim.

Classification of the property rights protection ways

Replevin - a non-contractual claim of the not the actual owner of the

property to the beneficial owner about the property restitution in kind. First

of all, requires that the owner has been deprived of actual dominion over

their property, which dropped from his possession.

Replevin is non-contractual in nature and protects ownership as an

absolute subjective right.

Negatornogo action is a lawsuit of the owner about the

removing any obstacles to the exercise of the right to use

and dispose of property, if the violation is not related to

deprivation of property (Art. 391 CC of Ukraine).

Negatornogo claim presented holder, provided that person

has a property in his/her possession, but the wrongful

conduct of others prevents him to exercise the right to use

and / or dispose.

Contractual-legal ways of protection divided into contractual and non-contractual (non-

consensual). In contractual obligations authorized person can defend his/her title by

forcing the debtor to fulfill the obligation in kind; termination of the contract; application

of measures of liability under the contract or other activities under the contract or by law

To non-contractual (non-consensual) obligations legal doctrine considers public promise

of reward, preventing threat of the damage to another's property, rescue and care of

another person, damage, endangering (threat) to the life and health of individuals and

their property and the property of the entities. Here is a tort liability (eg, return wrongly

received or saved property, compensation, etc.).

E. A. Sukhanov shared methods of protection, depending

on the nature of violations of property rights and the

content protection that is provided. Allocated:

• proprietary protection of property rights (replevin

and negatornogo claims), and a claim for recognition of

ownership as a special way to protect civilians (including

material) rights;

• binding legal ways.

Meanwhile, E. A. Sukhanov provides a separate group of other ways of

property rights protection, because they are special and can not be used in the

first two groups.

For example, how to protect property rights of dead people and people listed

as missing or dead. Independent group of civil legal ways of proprietary rights

protection is claims to public authorities, the requirements set to public bodies.

Ukrainian scientists also contributed to the development of approaches to the

property rights protection classification .

Very detailed classification of the ways to

protect property rights is the O. V. Zeri’s

classification , who presented it taking into

account the traditional division and the

legislative confirmation of special methods in

special cases of the owners rights violation.

Proprietary methods:

• main: replevin;

negatornogo action;

• Subsidiary: a claim for recognition of ownership;

claim to exclude property from the list;

actions for the protection of co-owners rights

in the case of separation, division or sale of

common property.

2) A binding legal ways:

Contracting: Damages caused the failure or improper

implementation of the contract;

return things submitted for use under the

contract;

non-contractual: ways of property rights protection in tort

liabilities;

return wrongly received or stored property.

3) Special methods of protection:

•claims for recognition agreements null and void;

• ways of the property rights protection of dead people and

people listed as missing or dead;

• ways of the rights protection of owners from lawful or

unlawful interference by the public authorities, adjudging legal

act that violates the right of ownership.

•legal protection of intellectual

property;

• development of the patent

system;

• organization of national

invention competitions and

innovation and so on.

Protection of intellectual property is a tool of legal and economic regulation

of inventive activity, since it allows to keep ownership and make a profit from

inventions or innovations. Protection System includes:

Article 418 of the Civil Code. The concept of intellectual property rights

1. Intellectual property rights -is the person’s right for the result of intellectual,

creative property or other object of intellectual property as defined by this

Code and other laws.

3. Intellectual property is inviolable. No one shall be deprived of intellectual

property rights or limited in its implementation, except cases provided by

law.

A very important role of the legal regulation of intellectual property, as it protect

and stimulate the development of intellectual potential. Measures of protection

of copyright are implemented at the international level, where most countries are

governed by the rules of the World Intellectual Property Organization (WIPO).

In Europe, the Organization invention (innovation) activity has actually become

the prerogative of the European Union, reflecting the extreme urgency of the

problem.

Today in the world, including Ukraine, there

are three main types of existing intellectual

property protection:

•patents that secure the right to author ‘s

invention;

• copyright, which extends the PA works in

the field of science, literature and art;

• mark on manufactured products

businesses.

Conclusions:

Ownership - is one of the basic human rights. After natural rights, it is the first right which is protected by the state.

Art. 16 Civil Code of Ukraine specifies clearly that ways of protecting civil rights and interests are: recognition of the right, recognition of the transaction null and void; termination in violation of any law; restore the situation that existed before the violation; enforcement of the obligation in kind; change of relationship; termination and other relationships.

Ways of the civil rights and interests protection established by law, realized by this power Protection Authority. Everyone has the right to go to court to protect personal property or personal non-property rights and interests .

There are a variety of methods and of property rights protection, and thereforemany of its classifications which are somehow based on Roman law, that istested for years. Ukrainian scientists also made some contributions inresearching this issue.

Among the methods of protection are distinguished: proprietary protection ofproperty rights (vindicatory and negatornogo actions) as well as an action fordeclaration of ownership rights as a special way to protect civil (includingmaterial) rights; binding legal ways. Also "other" or "special" ways aredistinguished separately with different theories.

Protection of intellectual property is a highly relevant issue for today, so now inthe world including Ukraine, there are three basic types of protection ofintellectual property: patents, copyright and trademark.

Ukrainian system of property rights protection is not perfect and needs somework, especially in the era of "digital" property when the legal framework mustadapt to the new standards.

Thank you for your attention!