Constitutional obligations of the state in the sphere of protection of the proprietary rights of individuals
Abstract
The article is devoted to the investigation of the state’s constitutional obligations in the sphere of protection of property rights of individuals. It is established that notaries groundlessly refuse to certify wills, the subject of which are the property rights of individuals, which leads to a narrowing of their rights and legitimate interests.
In the article the comparative analysis is made of the national civil legislation and contract law-making practice in the aspect of protecting the rights of individuals that are forced to enter into civil law contracts on conditions that are predetermined by business entities have been formulated, legislative proposals have been formulated to optimize these relations in the national sphere of legal regulation in aspect of the state’s fulfillment of its constitutional obligations and the protection of constitutional rights of such physicists people.
It is concluded that individuals can not properly protect their property rights. The Ukrainian state is obliged to strengthen, develop and guarantee the social orientation of the economy, ensure the protection of the constitutional rights of subjects of property rights and management, recognize all subjects of property rights equal before the law. Laws of Ukraine, by-laws, corporate legal acts specify and develop the norms of the Basic Law of the state, due to which law-enforcement practice is formed. But subordinate legal acts can not contradict the Constitution and laws of Ukraine. This approach to the legal regulation of relations in society corresponds to the generally recognized principles of the rule of law and legality. However, the practice of the national state testifies that by-laws often quite “in their own way” specify the norms of the Constitution and laws of Ukraine, which leads to ambiguous law enforcement practice, violation of property rights of a person.
Practice proves that an individual, when concluding a civil law contract, often does not have the right to choose. An individual is compelled to enter into a contract, the contents of which are proposed by the economic entity in an imperative form, or to refuse to conclude such an agreement. At the same time, the terms of the proposed contract are often such that their content raises doubts from the point of view of compliance with regulatory and legal acts of the state. Thus, the state remains aloof, while the existing rights and freedoms of individuals are unjustifiably narrowed, which directly contradicts the prescriptions defined in Article 22 of the Constitution of Ukraine.
Legislative proposals for the settlement of these relations are substantiated by amending the Civil Code of Ukraine with regard to the extension of the scope of the inheritance, which must be inherited by will.
References
Vedomosti Verkhovnoy Rady Ukrainy (2001). Ob otsenke imushchestva, imushchestvennykh prav i professional’noy otsenochnoy deyatel’nosti v Ukraine ot 12 iyulya 2001 g. № 2658-III / Verkhovnaya Rada Ukrainy. Vedomosti Verkhovnoy Rady Ukrainy [On Valuation of Property, Property Rights and Professional Valuation Activities in Ukraine dated July 12, 2001 No 2658-III]. Vedomosti Verkhovnoy Rady Ukrainy, no. 47, art. 251.
Galov, V. V., Zinchenko, S. A. (2003). Sobstvennost’ i proizvodnye veshchnye prava: teoriya i praktika: monografiya [Property and derivate real rights: theory and practice: monograph]. Rostov-on-Don: Izd-vo SKAGS. [in Russian]
Shymon, S. I. (2012). Mainovi prava v konteksti suchasnykh kontseptsii prava vlasnosti v tsyvilistytsi [Property rights in the context of modern concepts of the right to property in civil law]. Chasopys Kyivskoho universytetu prava, no 2, pp. 192–195.
