Modern problems of administrative and legal protection of the rights and legitimate interests of Ukrainian citizens in the field of property

I. Lychenko, Viktoriia Melnychenko
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Abstract

The article is devoted to the problem of defining modern problems of administrative and legal protection of the rights and legitimate interests of Ukrainian citizens in the field of property and theoretical justification of ways to solve them. It was established that the scientific study of issues of administrative and legal protection of the rights and legitimate interests of Ukrainian citizens in the field of property is an important condition for improving domestic legislation and the practice of its application. Special attention is paid to the impact of modern challenges and threats on the sphere of protection of property rights. It is argued that the entire system of public legal institutions, the modern system of administrative and legal protection should be aimed at guaranteeing human rights to own, use and dispose of their property. It is appropriate to include legal methods and means of preventing encroachments in the sphere of property as components of the administrative-legal protection of property rights; termination of administrative offenses encroaching on property rights; application of administrative liability measures to violators in accordance with the procedure established by law and compensation for the damage caused. It was emphasized that today there are quite frequent facts of violation of the rights and legitimate interests of citizens in the field of property. Such violations are related to the challenges of wartime, the problems of citizens realizing the right to own real estate and land plots, the bureaucratization of the procedures for registering the right to own land, the facts of "raider" seizure of property, the deprivation of single elderly people, convicted of crimes, orphans and others housing and other objects of property rights, the imperfection of the administrative-delict legislation and the system of state institutions that oppose offenses in this area, etc. Emphasis is placed on the change of legal approaches to determining the sub-department of consideration of cases on administrative offenses in the sphere of property. Special attention needs to be paid to the elimination of alternative sub-department of consideration of cases on administrative offenses in the field of property, duplication of functions of various authorities and officials in this field. Special attention is devoted to the formation of a strategy for increasing the effectiveness of the activities of bodies that are endowed with managerial and jurisdictional functions in the field of property, carry out the prevention of offenses committed in this field, due to the optimization of their structure, the development of new standards of interaction with citizens.
在财产领域对乌克兰公民的权利和合法利益进行行政和法律保护的现代问题
文章主要论述了界定乌克兰公民在财产领域的权利和合法利益的行政和法律保护的现代问题以及解决这些问题的理论依据。研究表明,对乌克兰公民在财产领域的权利和合法利益的行政和法律保护问题进行科学研究是完善国内立法及其应用实践的重要条件。论文特别关注了现代挑战和威胁对财产权保护领域的影响。有观点认为,整个公共法律机构体系、现代行政和法律保护体系都应旨在保障人类拥有、使用和处置其财产的权利。应将防止侵犯财产领域的法律方法和手段作为行政和法律保护财产权的组成部分;终止侵犯财产权的行政违法行为;根据法律规定的程序对违法者适用行政责任措施,并对造成的损害进行赔偿。会议强调,当今在财产领域侵犯公民权利和合法利益的事实屡见不鲜。这些侵犯行为与战时的挑战、公民实现拥有房地产和土地所有权的问题、土地所有权登记程序的官僚化、"强盗 "侵占财产的事实、剥夺单身老人、罪犯、孤儿和其他人的住房和其他财产权客体、行政处罚法和反对该领域违法行为的国家机构系统的不完善等有关。重点是改变法律方法,确定审理财产领域行政违法案件的分部门。需要特别注意消除财产领域行政违法案件审理分部门的替代性、该领域各部门和官员职能的重 复性。应特别关注制定一项战略,以提高在财产领域具有管理和管辖职能的机构的活动效率,并通过优化其结构、制定与公民互动的新标准来预防在这一领域的违法行为。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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