Relevant Issues of Property Rights Protection in Ukraine

  • Liubov M. DOLGOPOLOVA Department of Civil Law No 1, Yaroslav Mudryi National Law University, Kharkiv, Ukraine
  • Marina V. US Department of Civil Law No 1, Yaroslav Mudryi National Law University, Kharkiv, Ukraine
  • Sergiy O. GLOTOV Department of Civil Procedure, Yaroslav Mudryi National Law University, Kharkiv, Ukraine

Abstract

The issue of protecting property rights today is one of the most important, and depends both on the state and in on the owners of these rights. Despite the fact that Ukraine strives to join the European Union, its legal system is still far from international standards. For example, if the owner of property does not possess at least initial knowledge in the field of protecting his rights, then his property may be at risk, problems may emerge not only from authorities, but also from other owners, entrepreneurs or legal entities. Another issue that should be noted is intellectual property, the concept and regulation of which is necessary for the successful development of the state and its investment attractiveness. The main goal of this paper is to analyze the status of the issue of property rights protection in Ukraine and create a development strategy that can be an important component of a national security strategy. In the paper, along with questions of legislative support of citizens` property rights, considered legislative methods of increasing the potential of enterprises and the level of social protection of the population. Based on the experience of protecting property rights in the European Union, it is shown that the basis for legal protection should be economic feasibility, and not the political situation of the executive and legislative branches. As a result, measures were developed with the help of which the legislative framework and human rights activities should be improved to the level of the EU countries, where special attention is paid to human rights, and, therefore, the property.

References

[1] Alchian, A. 1965. Some Economics of Property Rights. Politico 30: 816–829.
[2] Alchian, A. 2004. Ownership. Economic Theory. INFRA-M.
[3] Arzamastsev, A.N. 1954. The Protection of Socialist Property under Soviet Civil Law. Leningrad State University. A.A. Zhdanova.
[4] Boshitsky, Yu.L. 2011. The Right of Intellectual Power. Logos.
[5] Bromberg, G.V. 2003. The Basics of Patenting. Exam.
[6] Bromberg, G.V. 2004. Intellectual Property. Main Course. PRIOR.
[7] Chukhno, A.A. 1988. Intensive Development Factors. Political Publishing House of Ukraine.
[8] Edvinsson, L. 2002. Corporate Longitude: What you Need to Know to Navigate the Knowledge Economy. Book House Publishing.
[9] Furubotn, E.G., and Richter, R. 2005. Institutes and Economic Theory. Achievements of a New Institutional Economic Theory. Publishing House of St. Petersburg State University.
[10] Galbraith, J. 1976. Economic Theories and Goals of Society. Progress.
[11] Gavrilyuk, M.I. 2013. Actual problems of reforming the legislation of Ukraine in the field of protection of property rights to land. Science. Society. State 3(3): 9–12.
[12] Honore, A.M. 1961. Ownership. Oxford Essays in Jurisprudence.
[13] Iurynets, J., Belkin, M., and Belkin, L. 2019. Legal protection of copyright and related rights in Ukraine in the context of international law. Science and Innovation 15(6): 59–71.
[14] Kharitonov, E.O. 2000. Civil and Family Law of Ukraine. Odyssey.
[15] Kozyrev, A.N., and Makarov, V.L. 2003.Valuation of Intangible Assets and Intellectual Property. RIC General Staff of the Armed Forces of the Russian Federation.
[16] Podprigora, A.A. 1995. Fundamentals of Roman Civil Law. Venturi.
[17] Pozner, R.A. 2017. Frontiers of the Theory of Law. Publishing House of the Higher School of Economics.
[18] Semchik, V.I. 2002. Once again about the right of power to the earth. Voice of Ukraine 12: 4–5.
[19] Skakun, O.F. 2000. Theory of State and Law. Kharkov: Consum.
[20] Tsygankova, D.Yu. 2010. Legal ideology: aspects of understanding. Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia 8: 183–185.
[21] Ušiak, J., and Lasicová, J., 2016. Identities of central European states in terms of formation of security environment. Annual of Language and Politics and Politics of Identity 10(1):45–59.
[22] Valdaitsev, S.V. 2010.Valuation of Intellectual Property. Economics.
[23] Waldron, J. 1988.The Right to Private Property. Clarendon Press.
[24] Zorya,S.Yu. 2014. Features and problems of state regulation of intellectual property in Ukraine. Modern Problems of Science and Education 6: 4–6.
Published
2020-06-15
How to Cite
DOLGOPOLOVA, Liubov M.; US, Marina V.; GLOTOV, Sergiy O.. Relevant Issues of Property Rights Protection in Ukraine. Journal of Advanced Research in Law and Economics, [S.l.], v. 11, n. 4, p. 1137-1144, june 2020. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/5260>. Date accessed: 21 dec. 2024. doi: https://doi.org/10.14505//jarle.v11.4(50).08.