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Legal mechanisms for ensuring private property rights for persons who have experienced violence due to their political activities

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Письменна Марія
Письменна Марія
Attorney
Ukraine / Kyiv

i

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Publication date: 10.06.2024

Lawyer

Legal mechanisms for ensuring private property rights for persons who have experienced violence due to their political activities

Introduction

The right to private property is one of the fundamental human rights enshrined in numerous international and national legal acts. It provides for the protection of property and material values ​​belonging to a person on legal grounds against any illegal encroachments. However, in the context of armed conflicts and political persecution, this right is often violated. Individuals who have experienced violence due to their political activities may face unlawful deprivation, damage or destruction of their property. In this regard, it is necessary to consider legal mechanisms that ensure the protection of the right to private property for this category of persons.

Legal opinion 

The right to private property is guaranteed by the Constitution of Ukraine, which stipulates that no one can be unlawfully deprived of the right to property, and also defines exceptional cases of forced alienation of objects of private property rights.

An important legislative act in this area is the Civil Code of Ukraine, which regulates the acquisition and protection of property rights, defines the methods of such protection and the procedure for their application.

Legal opinion of a lawyer 

According to the current legislation, persons who have experienced violence due to their political activities have the same right to the protection of private property as other citizens of Ukraine. Any illegal encroachment on their property rights must be stopped, and the damages must be compensated.

In case of violation of the right to private property, victims can apply to the court to protect their interests. The Civil Code of Ukraine gives every person the right to apply to the court for the protection of his civil right or interest.

Consultation of a lawyer and analysis of documents / legal analysis of the situation  

In order to effectively protect their right to private property, individuals who have experienced violence as a result of their political activities are advised to consult with a qualified lawyer. During the consultation, the lawyer will be able to analyze the available documents and the situation as a whole, provide a legal opinion on possible ways to solve the problem, and prepare the necessary legal documents.

In particular, a lawyer can help with the drafting of official statements to law enforcement agencies about the facts of the violation of property rights, as well as with the preparation of a civil lawsuit to the court with the demand to protect the violated right, stop illegal actions and compensate for the damages.

The involvement of an experienced lawyer will significantly increase the chances of successful protection of the right to private property and restoration of violated rights for persons who have suffered violence due to their political activities.

Conclusion  

The right to private property is an inviolable right of every person, which is guaranteed by the Constitution of Ukraine and other legislative acts. Persons who have suffered violence due to their political activities cannot be unlawfully deprived of this right. In case of violation of the right to private property, victims can apply to the court for its protection. However, for the most effective defense of your interests, it is recommended to use the advice of a lawyer who will be able to analyze the documents, provide a legal opinion and prepare the necessary legal documents.

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