Publication date: 01.05.2024
Protection of property rights
The right of ownership is one of the most important rights of citizens of Ukraine, as it provides them with the opportunity to own, use and dispose of their property as they wish. However, this right is often violated, which requires effective legal protection.
Types of violations and encroachments on property rights
Illegal possession of property can be open theft, forgery of property documents, fraud or illegal use of property without the owner's permission.
Illegal use of property without the permission of the owner or illegal interference with property rights through fraudulent schemes or corrupt practices.
Types of liability for violation of property rights
Civil liability
A person who has violated the right of ownership may be brought to civil liability. This may include compensation for damages, moral damages, etc.
Criminal and administrative liability
In cases of violations of property rights, which include criminal or administrative offenses, the perpetrator may be held criminally or administratively liable. Offenders may be punished by fines, imprisonment or other sanctions.
Ways of protection against violations of property rights
Appeal to law enforcement agencies
If a violation of property rights is detected, you should immediately contact the police or other relevant authorities.
Judicial protection
If you believe that your right to property ownership has been violated or disputed by another person, or you have lost a document that confirms your right to property, you can file a lawsuit.The court will consider the case and may make a decision on the following issues:
1. Recognition of your right to property ownership.
2. Claiming property that belongs to you, if it is illegally in someone else's possession, or compensation for its value.
3. Division of joint property or allocation of shares from it.
4. Determining the size of shares in joint ownership.
5. Establishing the order of ownership, use and disposal of joint property.
6. Cancellation of invalid property transfer agreements.
7. Recognizing illegal actions or acts of authorities that violate your property rights.
8. Transfer of rights and obligations of the buyer, which were concluded without observing your right of preemption.
9. Transfer of property into personal ownership in cases where the law provides for its alienation.
10. Termination of another person's right to share in joint property.
11. Cancellation of agreements on alienation of housing from the joint housing fund without observing your right to purchase.
12. Compensation for damages caused to property or to you personally due to violation of your property rights.
These clauses cover a wide range of situations where property rights are violated and help to restore their rightful position through legal protection.
Out-of-court settlement of disputes
Property rights can be protected by settling disputes through mediation or arbitration. It is also important to take legal measures to protect property, such as registering property rights and using legal advice.
Defense by a lawyer in cases of violation of property rights
Consultation with a lawyer
First of all, you should contact a lawyer for advice and to determine a defense strategy.
Representation in court
A lawyer can represent the client's interests in authorities, law enforcement agencies, and in court, helping to collect evidence, prepare the necessary documents, and conduct the case.
Conclusion
The right to property is one of the most important rights of citizens, which requires effective protection against any violations and encroachments. Protection of property rights in Ukraine is ensured by legislation and the activities of law enforcement agencies, courts and professional legal consultants. A responsible attitude to property rights contributes to the stability and development of society, therefore it is important to ensure effective protection of this right at all levels.
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.
