Journal article Open Access

Principles of Administrative-Legal Mechanism of the Protection of Property Rights

Iryna M. Zharovska

The article deals with the problem of the essence of the administrative-legal mechanism of the protection of property rights. It was stated that the problem in the field of property, in transition economies states, is particularly relevant. First of all, Ukraine still has a significant influence of the post-communist ideology, the construction of the economic and financial system, labor market principles, and so on. Secondly, the chosen direction of European integration necessitates updating of methodological, nomenclature, organizational and legal approaches in the field of property rights.

Human rights and freedoms are valuable to the state and society. At the present stage of the development of the doctrine of human rights and state-building processes, less important and more significant rights are not allocated. All of them need consolidation, security and protection. Among them, the economic rights of the subject are of paramount importance, as they form the basis for the proper living standard of a person. The basis for the provision of economic rights is property, so the protection of property rights is a subjective right of every person and citizen.

The following principles are noted.

  1. Legitimacy as the fundamental principle of the functioning of all state-legal phenomena. The mechanism of protection is closely interdependent with the state-power sphere, the construction and organization of the powers of state authorities.
  2. Democratic treatment. The content of the principle of democratic treatment is that the legislation reflects the interests of as many people as possible. It rises from the principle of democracy. Subjects that implement the protective functions of the state must be elected or appointed in an appropriate manner; democratic treatment involves the self-government of citizens, that is, the opportunity to participate in decision-making, concerning their rights and legitimate interests, including the sphere of property. It is important that democratic institutions were real rather than formal, where public would have an impact on the functioning of the subjects of the mechanism of protection, this is a question of the effectiveness of public councils under public authorities, public monitoring, public expertise, etc.
  3. Man-centeredness, as a transition to a new paradigm of development, when it's neither technology, nor an economy, but a person in its new quality will become the purpose and meaning of progress.
  4. Justice as a characteristic of the social organization of the mechanism of protection of property rights, since the content of justice is reduced to the distribution of rewards and punishments, which is called distributive justice, and the justice of the decision-making process, called procedural justice, is considered.

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