RECOGNITION OF PROPERTY RIGHTS AS A WAY OF PROTECTING CIVIL RIGHTS

Abstract

The article is devoted to the study of the problems of effective legal use of such a method of protection of civil rights as the recognition of property rights. Everyone is guaranteed the right to peacefully own their property It is established that the legislator guarantees everyone the right to peacefully own their property and ensures the protection of the rights of all subjects of property rights and management, the social orientation of the economy. It was found that the recognition of the right is one of the ways to protect civil rights, which are enshrined in Article 16 of the Civil Code of Ukraine. Article 392 of the Civil Code details the legal implementation of the recognition of the right as a way to protect property rights. After all, according to Article 392 of the Civil Code, the property owner can file a lawsuit for recognition of his property right, if this right is disputed or not recognized by another person, as well as in case of loss of a document certifying his property right. It has been proven that a claim for recognition of property rights can be filed when an appeal to a notary or local government official with a substantiated written application for a duplicate of a lost or damaged document has not yielded a positive result. It has been established that among scholars there is an opinion that the property owner can apply to the court for recognition of property rights, which will have independent legal significance and will not require any binding decision for other persons, because in this case there is not even such a party as the defendant. Such considerations are unfounded, as they contradict the current Civil Procedure Code of Ukraine, according to Article 175 of which filing a statement of claim without providing information about the defendant is a defect and will leave this statement without action in accordance with Article 185 of the CPC. The opinion on the expediency of supporting the position of scholars is substantiated, according to which in the absence of a dispute over the right to recognize the right of ownership, it is expedient to grant the right to the owners in a separate proceeding with a statement on establishing the fact of property ownership. The logic of the proposal to amend Article 392 of the Civil Code of Ukraine, which concerns the recognition of property rights, and to supplement it after the words «if this right is disputed by another person, as well as in case of loss of a document certifying his ownership» with the following words: «or to install in another way «. It is established that the recognition of property rights in the absence of a dispute over the right can not be limited to the right to go to court in a separate proceeding to establish ownership of property rights, but may also include other means, including extrajudicial, such as obtaining a duplicate document property.