{"title":"财产权的宪法保障","authors":"Mykola Dobriev","doi":"10.30970/jcl.1.2021.4","DOIUrl":null,"url":null,"abstract":"The article is devoted to the analysis of constitutional norms on guarantees of property rights. The importance of guarantees of the rights and legitimate interests of owners, along with other natural rights and freedoms of citizens, their effective protection in case of violation, is considered as one of the criteria for strengthening law and order in the state. Today, one of the features of a democratic state governed by the rule of law and a strong civil society is the state and degree of guarantee of everyone's right to property, and established economic property relations require providing them with the necessary legal color that meets the goals and objectives of the owner at the legislative level. However, the legal consolidation of property rights often does not lead to its unconditional exercise. In order to prevent the emergence of a state of declarativeness of the granted rights, guarantees should be regulated in constitutional norms, which would be timely reflected in sectoral legislation, based on the specifics of existing public relations, and, in turn, perfectly implemented by law enforcement agencies. It seems possible to distinguish two levels of guarantees of property rights: constitutional and law enforcement. At the constitutional level, the main provisions are established to protect property. At the level of law enforcement practice, there is a direct implementation of property guarantees enshrined at the constitutional level. The Constitution of Ukraine establishes a system of guarantees of property rights, which includes: 1) general guarantees (political, socio-economic, ideological) and 2) special (legal, legal) guarantees, which in-clude both regulatory and institutional (equal protection and development) all forms of ownership; determina-tion of the legal regime of ownership only by the laws of Ukraine; freedom of use by the owner of property; inviolability and impossibility of unlawful deprivation of property rights; judicial protection). Abstract","PeriodicalId":246696,"journal":{"name":"Ukrainian Journal of Constitutional Law","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2021-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Constitutional guarantees of property rights\",\"authors\":\"Mykola Dobriev\",\"doi\":\"10.30970/jcl.1.2021.4\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The article is devoted to the analysis of constitutional norms on guarantees of property rights. The importance of guarantees of the rights and legitimate interests of owners, along with other natural rights and freedoms of citizens, their effective protection in case of violation, is considered as one of the criteria for strengthening law and order in the state. Today, one of the features of a democratic state governed by the rule of law and a strong civil society is the state and degree of guarantee of everyone's right to property, and established economic property relations require providing them with the necessary legal color that meets the goals and objectives of the owner at the legislative level. However, the legal consolidation of property rights often does not lead to its unconditional exercise. In order to prevent the emergence of a state of declarativeness of the granted rights, guarantees should be regulated in constitutional norms, which would be timely reflected in sectoral legislation, based on the specifics of existing public relations, and, in turn, perfectly implemented by law enforcement agencies. It seems possible to distinguish two levels of guarantees of property rights: constitutional and law enforcement. At the constitutional level, the main provisions are established to protect property. At the level of law enforcement practice, there is a direct implementation of property guarantees enshrined at the constitutional level. The Constitution of Ukraine establishes a system of guarantees of property rights, which includes: 1) general guarantees (political, socio-economic, ideological) and 2) special (legal, legal) guarantees, which in-clude both regulatory and institutional (equal protection and development) all forms of ownership; determina-tion of the legal regime of ownership only by the laws of Ukraine; freedom of use by the owner of property; inviolability and impossibility of unlawful deprivation of property rights; judicial protection). 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The article is devoted to the analysis of constitutional norms on guarantees of property rights. The importance of guarantees of the rights and legitimate interests of owners, along with other natural rights and freedoms of citizens, their effective protection in case of violation, is considered as one of the criteria for strengthening law and order in the state. Today, one of the features of a democratic state governed by the rule of law and a strong civil society is the state and degree of guarantee of everyone's right to property, and established economic property relations require providing them with the necessary legal color that meets the goals and objectives of the owner at the legislative level. However, the legal consolidation of property rights often does not lead to its unconditional exercise. In order to prevent the emergence of a state of declarativeness of the granted rights, guarantees should be regulated in constitutional norms, which would be timely reflected in sectoral legislation, based on the specifics of existing public relations, and, in turn, perfectly implemented by law enforcement agencies. It seems possible to distinguish two levels of guarantees of property rights: constitutional and law enforcement. At the constitutional level, the main provisions are established to protect property. At the level of law enforcement practice, there is a direct implementation of property guarantees enshrined at the constitutional level. The Constitution of Ukraine establishes a system of guarantees of property rights, which includes: 1) general guarantees (political, socio-economic, ideological) and 2) special (legal, legal) guarantees, which in-clude both regulatory and institutional (equal protection and development) all forms of ownership; determina-tion of the legal regime of ownership only by the laws of Ukraine; freedom of use by the owner of property; inviolability and impossibility of unlawful deprivation of property rights; judicial protection). Abstract