Publication date: 01.05.2024
Content of ownership
Property rights in Ukraine are an important aspect of the rule of law. It guarantees citizens the right to own, use and dispose of their property.
Property rights are the rules that govern how we can own, use and dispose of our property. They allow us to do different things with our property, such as sell it, use it or give it to someone else. Property rights also protect our property from unlawful interference and prevent us from infringing on other people's rights to their property.
A citizen's right to property is enshrined in the Constitution of Ukraine. It defines forms of ownership, equality of subjects of ownership, guarantees of ownership and obligations of owners.
Content of ownership
1. The right of possession - the owner has the right to possess the property.
The right of possession is the ability of the owner to have direct actual contact with the thing, guaranteed by law. This means that the owner can use the property as he wishes. Beneficial possession may be legal or illegal.
Legal ownership is based on the relevant legal documents, which is why it is also called "titled". For example, it can be a contract of sale or the right of ownership established by an inheritance or donation contract.
Illegal possession has no legal basis and is therefore called "untitled". This can be due to arbitrary seizure of property, forcible possession or false documents. This possession may be in good faith or in bad faith, depending on whether the possessor knew of the illegality.
2. Right of use - the owner can use the property.
The right of use is the possibility of using a thing provided by law to meet the needs of the owner or other persons. This can mean the use of the property for various purposes, such as residence, production or commercial activities. The right of use can be granted not only to the owners, but also to other persons on the basis of various legal documents, such as contracts or administrative decisions.
3. The right of disposal - the owner can transfer the property to other persons.
The right of disposition is the ability of the owner of a thing to determine its fate by selling, gifting, or otherwise transferring rights to this thing. Also, the owner can decide how to dispose of his property, including its destruction.
The owner has the right to own, use and dispose of his property, but he is also obliged not to harm other people or the environment. In addition, the owner is responsible for the maintenance of the property and the risk of its accidental loss.
In cases where it is provided by law, the activity of the owner may be limited or terminated, or he may be instructed to allow other persons limited access to his property.
The right of ownership consists of the rights to own, use and dispose of property, as well as the related obligations to maintain and preserve the thing.
In the event of a conflict regarding the right of ownership, the courts give preference to documents and their corresponding design. The law also provides for mandatory registration of ownership of certain types of property (real estate, vehicles, etc.).
Restrictions on ownership
Compulsory expropriation of property can be applied only exclusively for reasons of public necessity and on the condition of prior compensation of the value of the property.
Confiscation of property can be applied only by a court decision.
Property rights are an integral part of the rule of law and contribute to the development of civil society.
Legal service "Consultant" provides legal assistance in any situation. Our lawyers, having conducted a legal analysis of a specific situation, will provide representation and defense in court and will participate in a court hearing in any city of Ukraine. A lawyer in court and a legal process with a lawyer are a guarantee of quality protection of your rights and interests.
