The right to private property is the economic basis of modern society. The economy today is built on private property held by citizens and non-state legal entities. The role of the state as an owner is much less.
Normative regulation
In the Constitution, a separate article consisting of 3 paragraphs is devoted to the right to private property. They are developed in the Civil Code and other regulatory acts. In judicial practice, it is precisely the provisions of the Civil Code that apply.
The judicial practice of the Constitutional Court, which is given the right to interpret the basic law of the country, makes its share in the regulation. To date, he has made hundreds of decisions that state the understanding of Art. 35 of the Constitution. Note that the acts of the Constitutional Court are binding on all authorities and courts.
State protection
According to the Constitution, the right to have private property is protected by law. Protection includes the adoption of legislative and organizational measures.
Legislative measures:
- a number of prohibitions on the attempt on property rights, spelled out in the Criminal Code;
- the right to demand compensation in cash or in another form for violation of rights in the framework of the judicial process.
Organizational measures include the creation of a law enforcement and judicial system that should protect the rights of citizens. If they are prosecuted on the initiative of the state, then the defense in court is organized as part of an adversarial process initiated by the person concerned.
What is the right to private property
The right to it includes simultaneously three powers: possession, use and disposal.
Possession is the actual possession of an item. Use - the use of beneficial properties. An order is an opportunity to determine the legal fate of an item (sell, give, refuse, etc.)
In legal science, the principle “it is allowed to do everything except what is prohibited” is applied to the exercise of private property rights. That is, the owner even has the right to destroy the item if this does not violate the rights of others. You can, for example, disassemble a car, but not crash it, risking the lives of others or property.
What objects apply
The right of ownership extends to immovable objects: land, residential buildings and non-residential premises and structures.
Movable objects - cars, other vehicles, other values, for example, jewelry. As in the first case, everyone is allowed to have the right of ownership without restrictions, but the use of certain objects is limited by the norms of legislation. So, for example, a person can be the owner, but is not allowed to drive, until he is 18 years old and he has obtained a driver’s license.
There are items that are allowed to purchase only to citizens who meet a number of requirements. In particular, this applies to weapons, drugs containing drugs.
Some items are generally excluded from civilian traffic. Ownership of them under the right of private property is prohibited.
General and individual
The citizen’s private property right is allowed to be exercised individually and collectively. In the first situation, a person completely owns an object, for example, an apartment. In the second, there are several owners. By virtue of previous laws, the construction of joint ownership without determining the size of the shares of owners is applied.If shares are allotted, the property is considered to be in shared ownership.
The right to a share in an enterprise is exercised through corporatization without a physical division of an object (building and equipment).
Dispossession
The Constitution established a judicial procedure for the deprivation of rights to property. That is, now a private person or authority with competence has the right to file a lawsuit and demand that the defendant be deprived of the right. In the first case, we are talking about a dispute between citizens over property, in the second - about a violation by citizens of legislation, for example, land use. As a rule, the owners of the land are punished for the unsustainable use of the property in this way.
The Constitution permits alienation in return for adequate compensation. A proposal for a cash payment or replacement with a similar object is sent if there is a territory development project (for example, the construction of a road or other socially significant object). If the owner refuses it, the administration or authority in whose jurisdiction the solution of the issue has the right to apply to the court. If the procedure is followed, then the property is transferred to the ownership of the state or municipality. The main dispute in such cases arises about the amount of compensation.
The balance of the order of alienation reflects how much human rights are actually protected, and private property is one of the main ones.
Property Inheritance
The constitution mentions the right to inherit property. A whole section of the Civil Code on the Law of Succession is devoted to this. Periodically, amendments are made to it, which makes the legislation more similar to what is valid in Western countries.
The law provides for the transfer of property by law or by will. The first option excludes any participation of the testator in the distribution or transfer of property rights. The second is based on his will, limited to some extent by law. In addition, it is not necessary to cover all property with a will. In this case, its balance shall be distributed according to the norms of the law.
The law defines the order of inheritance on the principle of kinship, some heirs (pensioners, people with disabilities) have preferences in the form of an obligatory share of the entire hereditary mass.
The owner has the right to deprive one of the successors of the right to inheritance, except for those that are protected by law (applicants for an obligatory share), without explaining the reasons for his act.
Finally
The constitutional rule on the right of ownership introduces into the legislation general provisions, principles, which are then deciphered in the norms of federal laws.
Without exception, everyone has the right to become owners and dispose of property at their discretion, restrictions are exclusive.
Private property may be individual or collective in equal or unequal shares. Deprivation of rights is permitted in exceptional cases.
The inheritance order is regulated by the norms of a separate part of the Civil Code.