Protection of property rights in economic proceedings.

Abstract

The article is devoted to the study of the protection of property rights in economic proceedings. Based on the analysis of the provisions of the Economic procedural code of Ukraine, the Civil code of Ukraine and court practice of consideration by commercial courts of cases on claims for recognition of the right of ownership in case of loss of legal documents, the recognition of the right of ownership in ownerless thing, the object of unauthorized construction, on the acquisitive prescription on the basis of lack of dispute on the right identified by the court's position about the impossibility of dealing with such cases in the proceedings due to the absence of a dispute about the law. It is noted that for the above-mentioned categories of cases, it is impossible to involve the defendant in the case, due to his absence.

On the basis of the conducted research, it is proposed to introduce the consideration of cases by economic courts concerning the protection of property rights of economic entities in case of loss of legal documents, the need to separate the property in kind from joint ownership, recognition of ownership of a ownerless property, unauthorized construction, by acquisitive prescription is separate proceedings. It is clarified that the actual basis for the protection of property rights in this order should be recognized as the absence of any other than judicial method of restoring the violated right.

The features of determining the ways to protect property rights under claims that are caused by the contract, the validity of which is terminated at the time of appeal to the court, are studied. The expediency of applying mandatory legal methods of protection of rights in the case of protection of property rights in connection with nonreturn to the owner of the property under the contract after the termination of the contract is noted.