财产权的宪法保障

Mykola Dobriev
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引用次数: 1

摘要

这篇文章专门分析了关于财产权保障的宪法规范。保障所有者的权利和合法利益以及公民的其他自然权利和自由的重要性,以及在侵犯时对其进行有效保护的重要性,被视为加强国家法律和秩序的标准之一。今天,一个民主法治国家和一个强大的公民社会的特征之一就是每个人的财产权利得到保障的状态和程度,而确立的经济财产关系要求在立法层面为其赋予必要的符合所有者目的和目的的法律色彩。然而,产权的法律巩固往往不会导致其无条件行使。为了防止出现一种对所授予的权利进行声明的状态,应在宪法规范中对保障加以管制,并根据现有公共关系的具体情况及时反映在部门立法中,进而由执法机构完全执行。似乎有可能区分两个层次的产权保障:宪法和法律执行。在宪法一级,主要规定是为了保护财产。在执法实践方面,直接执行宪法所载的财产保障。《乌克兰宪法》确立了财产权保障制度,其中包括:1)一般保障(政治、社会经济、意识形态)和2)特殊保障(法律、法律),其中包括各种所有制形式的管制和体制保障(平等保护和发展);仅根据乌克兰法律确定所有权的法律制度;财产所有人使用财产的自由;非法剥夺财产权的不可侵犯性和不可能性;司法保护)。摘要
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Constitutional guarantees of property rights
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
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