THE ESTABLISHMENT AND DEVELOPMENT OF RIGHT REGULATION OF THE INSTITUTE REGISTRATION OF REAL PROPERTY RIGHTS ON THE UKRAINE’S LAND TILL TO FIRST PART XVII CENTURY

Abstract

This article goes out to historical analysis of obtaining real property right and developing legal regulation of registration real property right from the time of Kyiv Rus till to middle of XVIII century on modern Ukraine’s territory. The mentioned historical legal analysis contains a chronological order of legal evolution of real property rights from its foundation by the legislation of Kyiv Rus, developing during the time of Galicia-Lithuanian domain, improving Rzeczpospolita by its lawyers, and implementing the communal forms of ownership of real estate during Cossacks. The author analyzed the historical way of develops of legal regulation of real property rights on Ukraine’s land by comparison of historic legal, systematic structural, and logical legal methods. Depending on the government’s system and political situation, it was changed social relationships above objects of real properties. The classification of the objects to movable and real property was pursued gradually, with the term “ownership” was disconnected from the term “possession”, it appeared an emergency of the modern conception of the composition of the property rights (the possession and the using). It is creating the concept of registration of real property rights, as the mechanism of recognition and confirmation of the fact of changing the property rights which remotely identify the mechanism such registration. Therefore, with help from this scientific research was established that the term “property rights” and its composition were formed during a long period of time and influence by a lot of factors. Depending on the government’s system the conception of registration of real property rights many times changed with a way of obtaining such rights. And if on the beginning the nidification of the property rights or changing this property rights regulated by customary law, then beginning from the acceptance the Statutes of Lithuania such regulation was made by written laws (laws).