Krupnyk R. Property rights protection and defense of the land plot owner (possessor) in case of forced alienation of the land plot: civil law aspect

The dissertation is devoted to research of problems property rights protection and defense of the land plot owner (possessor) in case of forced alienation of the land plot. In scientific work the author suggests the definition of the forced alienation of land plot and justifies that such alienation is expressed in the acquisition or procurement of land plot of the person, who is subjected to coercion in accordance with the established procedure in order to pursue state or public interests or protect the violated rights of the subjects of such influence. Also in the dissertation the author designates the grounds for forced alienation of land plot, suggests the definitions of property rights protection and defense of the land plot owner (possessor) in case of forced alienation of the land plot. In the context of forced alienation of land plot, the protection of the rights of its owner (possessor) is to establish the grounds, conditions and mechanism for termination of the right in order to prevent violations of the rights and interests of these persons in the process of deprivation or possession. Under the protection of the rights of the owner (possessor) of the land plot in case of its forced alienation it is necessary to understand the established legal mechanism as a result of which the violated rights and interests of the owner (possessor) during or after forced alienation of the land plot are restored by law or by agreement of the persons concerned. The author also substantiates the conclusion that public relations related to the termination of ownership (possession) of land plot is a component of property relations, which is the basis of property turnover and governed by the rules of the Civil Code of Ukraine. One of the main principles of the civil law of Ukraine is the principle of inadmissibility of property right deprivation except as established by the Constitution of Ukraine and the laws of Ukraine (Article 3 of the Civil Code of Ukraine). In consideration of the abovementioned, the public relations regarding the forced alienation of land plot are primarily civil and should be governed by civil law.