Execute: Julia Prykhodko & Irina Nykyforenko

6508/2 , 4- group

Ownership - is regulated by law social relations of possession, use and disposition of property. According to Art. 41 of the Constitution of Ukraine, everyone has the right to possess, use and dispose of their property, and the results of their intellectual and creative activity.

The property is an economic category, which is one of the manifestations of social relations on the appropriation of wealth.

OWNERSHIP views as to the objective and subjective aspect:OWNERSHIP views as to the objective and subjective aspect:

In the objective aspect of ownership - is the body of law governing social relations of ownership, use and disposition of property.

In the subjective aspect of ownership - a set of office holder of the ownership, use and disposition of property.

Ownership - is the actual presence of things on the farm owner and his ability to influence it directly. Languages can be legal and illegal.

Use - the right to withdraw the things their useful properties.

Resolution - the right to determine the legal or actual fate of the property.

The combination of these powers in the face suggests the owner of the property.

Стаття 316 Цивільного кодексу. Поняття права власності

1. Правом власності є право особи на річ (майно), яке вона здійснює відповідно до закону за своєю волею, незалежно від волі інших осіб.

2. Особливим видом права власності є право довірчої власності, яке виникає внаслідок закону або договору управління майном.

Article 316. Notion of the Ownership Right1. Ownership Right shall be the right of an individual in a thing (property) that he/she enjoys incompliance with the effective legislation on his/her own will irrespective of the will of thethird persons.

Article 317. Content of the Ownership Right1. The owner shall have the right to own, use and dispose of his property.2. The content of the ownership right shall not be affected by the owner’s place of residenceand the location of the property.

CIVIL CODE

Article 318. Subjects of the Ownership Right

1.Subjects of the ownership right shall be the Ukrainian people and other participants to civil relations specified in this Code.

2. All subjects of the ownership right shall be equal before the law. 

Article 321. Inviolability of the Ownership Right

1. The ownership right is inviolable. No one can be illegally deprived of this right or restricted in its implementation.

2. The person can be deprived of the ownership right or restricted in its implementation only in cases and per the procedure established by the law.

3. Forced alienation of the objects of ownership right may be applied only as an exception for the reasons of public necessity on the ground and per the procedure established by the law and on the condition of preliminary and full compensation for its value, except as provided in part two of Article 353 of this Code.

OWNERSHIP TYPES

Article 324. Ownership Right of Ukrainian People

1. Earth, its mineral resources, atmospheric air, water and other natural resources located within the boundaries of Ukraine, natural resources of its continental shelf, exclusive (marine) economic zone shall be the objects of ownership right of Ukrainian people.

2. Bodies of the state power and local governments shall be delegated the ownership right on behalf of the state within the limits established by the Constitution of Ukraine.

3. Every citizen shall have the right to use the natural objects of the ownership right of Ukrainian people pursuant to the law.

Article 325. Right of Private Property

1.Physical and legal persons shall be the subjects of private property.

2. Physical and legal persons may be the owners of any property except for specific types of property that cannot be in their possession pursuant to the law.

3. Composition, quantity and value of property that can be owned by physical and legal persons shall have no limitations.The law may establish a limited size of the land parcel that can be owned by physical or legal persons.

Object of private property are :

 - Individual enterprises based on the personal property of an individual , and only her work;

- Family businesses based on ownership and labor citizens of Ukraine - members of one family living together ;

 - Private companies , based on the property of the individual citizen of Ukraine, with the right hiring labor;

 - Peasant (farmer 's) economy ; - Companies based on ownership of foreign citizens;

 - Property belonging to citizens , including citizens engaged in entrepreneurial activities without forming a legal entity.

Article 326. Right of the State Property

1.The state shall own the property including monetary funds possessed by the Ukrainian State.

2. Relevant bodies of the state power shall exercise the property right on behalf and to the interests of the Ukrainian State.

Article 386. Principles for Property Right Protection

1.The state shall provide equal protection of rights for all subjects of the property right.

2. An owner that has grounds to foresee a possibility of violation of his/her property right by another person may apply to court with the request to prohibit performing the actions that may violate his/her right or to undertake specific actions to prevent this violation.

3. An owner whose rights are violated shall have the right for compensation of his material and moral losses.