Constitutional guarantees of the inviolability of property rights on the example of Ukraine, Poland and Germany
Abstract
In the course of the modern state building processes, European integration of Ukraine, as well as negative events unfolding as a result of Russia's armed aggression, the property right as one of the fundamental constitutional rights is experiencing restrictions and transformations. The purpose of the scientific research is to highlight the content of the guarantee (principle) of the inviolability of property rights, and how they are embedded in the Fundamental Laws of Ukraine, Poland and Germany. The following general and specifically legal methods of scientific knowledge form the methodological basis of the study: the system-structural method, the method of comparison and logical-legal method. The analysis of constitutional guarantees regarding the inviolability of property rights on the example of Ukraine, Poland and Germany was conducted in the article. According to the results of the conducted research, it is proposed the following separation of the guarantees regarding the inviolability of property rights stipulated by the constitutions guarantees of legislative consolidation of rights and procedures; immediate principles and guarantees of effectuation of the property rights; guarantees of administrative support; guarantees of protection and defense of the property rights. Significance of results and the prospects for further research. The proposed classification makes it possible to more widely define the constitutional guarantees of the property rights, which also makes it possible to provide the legal protection to a wider range of public relations regarding the property.
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References
Bartczak, K. (2022). Changes in business models implied by the use of digital technology platforms. Entrepreneurship and Sustainability Issues, 9(4), 262-281. http://doi.org/10.9770/jesi.2022.9.4(14)
Basic Law for the Federal Republic of Germany. (1949). https://www.gesetze-im-internet.de/gg/.
Besshtanko, A.V. (2002). The concept and classification of constitutionally permissible restrictions on the right to private property. Bulletin of the Omsk University, 1, 105-108.
Bocharova, N. (2020). Constitutionalization of intellectual property in terms of information society and knowledge economy. National Aviation University.
BVerfG 2 BvR 403/02. (2002). https://cutt.ly/qVOWKgH.
Dakhova, I. (2018). Restrictions on the exercise of human rights and freedoms: constitutional regulation and case law of the European Court of Human Rights. Law Forum, 4, 17-25. http://doi.org/10.5281/zenodo.1467599.
Dobrev, M. (2021). Constitutional guarantees of property rights. Ukrainian Journal of Constitutional Law, 1, 25-30. http://doi.org/10.30970/jcl.1.2021.4.
Gaevskaya, Y. (2016). Restrictions on property rights in the context of constitutional principles. Scientific Bulletin of Kherson State University. Legal Sciences Series, 4(1), 41-45.
Germany − Federal Constitutional Court Act. (1951). https://cutt.ly/4VObWYe.
Gorobets, N. (2018). Protection of property rights in the practice of the European Court of Human Rights. National Academy of Sciences of Ukraine.
Ivershenko, L. (2006). The constitutional right of man and citizen to private property in Ukraine and ensuring its implementation by law enforcement agencies. National University of Internal Affairs.
Jarosz-Zukowska, S. (2014). Guarantee of Protection of Property and Other Property Rights. In Implementation and Protection of Constitutional Freedoms and Rights of an Individual in the Polish Legal Order (págs. 531-559). University of Wroclaw.
Jarosz-Zukowska, S. (2018). Ownership in the period of political transformations in Poland from the perspective of the jurisprudence of the European Court of Human Rights. Atla 2.
Khutor, T. (2020). Civil forfeiture of unfounded assets through the lens of property rights protection. TOV Red Zet.
Kinal, J. (2022). Peculiarities of e-commerce development: a case of Poland. Entrepreneurship and Sustainability Issues, 9(3), 50-63. http://doi.org/10.9770/jesi.2022.9.3(3)
Kirichenko, Y. (2018). Constitutional and legal regulation of human rights in Ukraine in the context of harmonization with the legislation of European states. Zaporizhzhia National Technical University.
Kopylenko, A. (2019). Current study of intellectual property law in the constitutional and legal aspect. Public Law, 2(34), 162-164.
Kozlovska, L. (2021). Constitutional doctrine of land ownership in Ukraine. Bulletin of the Constitutional Court of Ukraine, 3, 89-101.
Krawczyk, A. (2022). Proposal of Redefinition of the Terms Geomatics and Geoinformatics on the Basis of Terminological Postulates. ISPRS International Journal of Geo-Information, 11(11), 557. http://doi.org/10.3390/ijgi11110557.
Maidanyk, R. (2013). Judicial precedent in the countries of continental law. Legal Ukraine, 2, 44-49.
Mura, L., & Hajduová, Z. (2021). Small and medium enterprises in regions - empirical and quantitative approach. Insights into Regional Development, 3(2), 252-266. https://doi.org/10.9770/IRD.2021.3.2(6).
Myronenko, V. (2019). Rights of ownership, use and disposal of property according to civil legislation. Entrepreneurship, Economy, and Law, 1, 29-33.
Nawiasky, H. (2021). Bavarian constitutional law. Walter De Gruyter. https://doi.org/10.1515/9783112600962.
Nikolenko, L. (2021). Determining the place of judicial precedent in the system of sources of Ukrainian law. Bulletin of NTUU "KPI" Political Science. Sociology Law, 3(51), 63-68.
Nurtas, M., Baishemirov, Z., Tsay, V., Tastanov, M., & Zhanabekov, Z. (2020). Applying neural network for predicting cardiovascular disease risk. News of the National Academy of Sciences of the Republic of Kazakhstan-Series Physico-Mathematical, 4(332), 28-34.
Orlyuk, O. (2016). Compliance with Intellectual Property Rights as a Moral Basis for Social Progress. Almanac of Law, 7, 33-37.
Ozimok, I. (2020). Constitutional right of land ownership in Ukraine and foreign countries: comparative legal research. National University of Internal Affairs.
Pakhomova, T., Hryhorieva, V., Omelchenko, A., Kalenyk, M., & Semak, L. (2023). The formation of digital competence by means of information and communication technologies among students of higher education. Revista Eduweb, 17(2), 78-88. https://doi.org/10.46502/issn.1856-7576/2023.17.02.7.
Savchenko, Y., Bisaga, Y., Biega, V., Berch, G., Nechiporuk, O., & Pifko, O. (2021). Constitutional right to private property in Ukraine and the European Union: a comparative legal study. RIK-U LLC.
Sikimić, M. (2022). Security of European critical infrastructures outside the European Union: a review of the Western Balkans national laws. Insights into Regional Development, 4(2), 63-72. https://doi.org/10.9770/IRD.2022.4.2(5).
Soroka, N. (2019). Copyright and related rights in the information society: European experience. Law.
Sovgyrya, O., & Shuklina, N. (2019). Constitutional Law of Ukraine. Yurinkom Inter.
Stepanchuk, O., Bieliatynskyi, A., Pylypenko, O., & Stepanchuk, S. (2016). Peculiarities of city street-road network modelling. Procedia Engineering, 134, 276-283. https://doi.org/10.1016/j.proeng.2016.01.008
The Constitution of the Republic of Poland. (1997). https://www.sejm.gov.pl/prawo/konst/angielski/kon1.htm.
The Constitution of Ukraine. (1996). https://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%
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