Perm University Herald. Juridical Sciences. 2019. Issue 2 (44)

L. V. Shchennikova, Kuban State University

Introduction: the author focuses on the civil law principle of inviolability of property, which ensures both the legitimacy of a person’s connection with a thing and its continuous functioning. However, as emphasized in the article, for the effective implementation of this key principle, it is necessary to discern and take into account the social function of property rights associated with the just distribution of resources and establishment of the moral principles of modern civil society. Purpose: to trace the regularities in civil regulation of social relations associated with forcible termination of property rights; to develop scientifically-based recommendations for improving this institution in order to effectively implement the principle of inviolability of property and taking into account both the material and social aspects of its manifestation. Methods: general scientific (dialectic) method of cognition of scientific concepts of private law; special scientific methods of cognition: formal legal, historical legal methods, method of comparative law. Results: the author's conclusions highlight the need to: recognize protection for only such an ownership right that has the legal grounds for its emergence;  establish guarantees against unlawful seizure of not only private but also public property; provide for socialization of property, seen in the system of grounds for the alienation of property for social purposes; specify it to be mandatory for the courts to apply only those grounds for forcible termination of the right of ownership which are enshrined in the civil legislation of the country. It is proved that the current system of grounds for termination of property rights actually lacks the system nature and needs further development. Naturally, in the Civil Code should appear general norms containing socially necessary goals in achieving which forcible seizure of property from the owner is permissible. A review of foreign civil law research suggests that in modern conditions inviolability of property rights is understood not by oversimplifying but through the prism of numerous social tasks that the state must solve through flexible legislative regulation of relations concerning ownership of material goods. At the same time, a special role is assigned to national legislation governing forcible seizure of property from subjects of property rights. It has been established that three standards of expropriation are necessary to follow: stipulation by law, realization of public law interests, and adequate effective and prompt compensation. The analysis of judicial practice allows us to assert that in cases of forced seizure of property the court should investigate all the circumstances proving that seizure is the only necessary means serving public interests. Only a detailed analysis reflected in a judicial act can prove that the principle of inviolability of property in this category of cases is effectively implemented.