Perm University Herald. Juridical Sciences. 2016. Issue 3 (33)

Title: ON THE CONCEPT AND CHARACTERISTIC FEATURES OF DEFECTS IN THE MECHANISM OF CIVIL REGULATION OF PROPRIETARY RELATIONS
Authors:

Kozhokar I.P. 
Saratov State Academy of Law

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ORCID: 0000-0002-0903-7032 ResearcherID: G-7621-2016
«Scopus» & «Web of Science» article:      

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Requisites: Kozhokar I. P. K voprosu o ponyatii i kharakternykh osobennostyakh defektov mekhanizma grazhdansko-pravovogo regulirovaniya veshchnykh otnoshenij [On the Concept and Characteristic Features of Defects in the Mechanism of Civil Regulation of Proprietary Relations]. Vestnik Permskogo universiteta. Juridicheskie nauki – Perm University Herald. Juridical Sciences. 2016. Issue 33. Pp. 298–303. (In Russ.). DOI: 10.17072/1995-4190-2016-33-298-303
DOI: 10.17072/1995-4190-2016-33-298-303
Annotation: Introduction: the author examines the most common issues associated with the problem of defects in the mechanism of civil regulation of proprietary relations. The study is based on the general concept of defects in the mechanism of civil regulation, as well as on attributes of the proprietary right which are due to the specificity of the subject and method of legal regulation of these relations. Purpose: to analyze the issues connected with definition of the concept, nature and main features of defects in the mechanism of proprietary relations civil regulation taking into account the basic conception of defectiveness of the mechanism of civil regulation of social relations, as well as the concept of rights and duties. Methods: the methodological framework of the research is based on a set of methods of scientific cognition, the dialectical method being the major one. The following methods are also used: general scientific methods (analysis, synthesis, analogy, comparison) and specific scientific methods (formal-legal, technical-legal). Results: some problems of defectiveness of the mechanism of proprietary relations civil regulation have been considered, the objective and subjective reasons for the existence of defects in this mechanism have been identified. It has been found that the regulatory component of the mechanism under study is directly dependent on the socio-economic and political development of the state in a particular historical period of time. Conclusions: the defects under study have been defined, their characteristic features have been revealed. According to the author, defects in the mechanism of civil regulation of proprietary relations are a specific legal reality manifesting itself in substantial flaws in particular elements of this mechanism or in links between its elements, these flaws arising from the specificity of the subject and method of property law as a branch of civil law and entailing disruptions in the efficient functioning of the entire civil regulation mechanism.
Keywords: property law; proprietary legal relations; defects; legal regulation mechanism
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