CONCEPT OF CIVIL -LEGAL PROTECTION OF THE RIGHT TO OWNERSHIP FROM VIOLATIONS NOT RELATED TO DISPOSSESSION

Abstract

The author of the article has defined civil-legal protection of the right to ownership as a legal result of the owner’s activities, competent state authorities’ law enforcement activities, which leads to the restoration of the violated right to ownership, its recognition and the imposition of negative consequences of a property or organizational nature on the offender. The author has singled out civil-legal methods of protecting the right to ownership from violations not related to dispossession in a narrow and broad sense. It has been proved that civil-legal methods of protecting the right to ownership from violations not related to dispossession in a narrow sense include claims within property relations under negatory and prohibitory actions. Civillegal methods of protecting the right to ownership from violations not related to dispossession in a broad sense include other claims within property and obligation legal relations under various actions, if violations of the right to ownership are not related to the owner’s deprivation of the right to possess own property (on recognition of the right of ownership, on compensation for property damage, on reimbursement in regard to the decrease in the value of a land plot, residential building, other buildings as a result of activities that led to the decrease in the level of environmental and noise protection of the territory, deterioration of the natural properties of the land, etc.). It has been argued that claims for the recovery of property from someone else’s illegal possession, claims for the transfer of things acquired through purchase and sale, things’ custom manufacturing, if the right to ownership arose before the transfer of the thing, claims for the return of things provided for use under a contract, do not belong to civil-legal methods of protection from violations not related to dispossession.