Pankevych R. Protection of property rights and interests of the state and territorial communities under the civil legislation of Ukraine

The dissertation is devoted to the complex analysis of the general characteristic of property rights and interests of the state and territorial communities. The concepts, forms of protection and protection of property rights and interests are considered, the definition of the concept of property interest of the state and territorial communities is improved, methodological bases of protection of property rights and interests of the state and territorial communities are analyzed. Peculiarities of application of such methods of protection of property rights and interests of the state and territorial communities as recognition of the right, recognition of the transaction invalid and application of consequences of its invalidity, restoration of the situation which existed before infringement, change and termination of legal relationship, recognition of illegal decisions authorities, the authority of the Autonomous Republic of Crimea or the body of local self-government, their officials and officials. It is argued that the recognition of the right as a means of protection should be used as the main, in case of non-recognition or contestation of another person's ownership of the state or territorial community on the disputed property. The conditions under which vindication should be applied are defined. The author substantiates the need to cancel the entry on the state registration of rights of the previous owner in the State Register of Real Rights to Immovable Property in case of satisfaction of the vindication claim. Proposals for improving the regulatory framework for regulating relations in the field of protection of property rights and interests of the state and territorial communities have been developed. It is recommended that public authorities and local governments, in order to properly protect the property rights and interests of the state and local communities as a result of a civil offense in a contractual relationship, before going to court to clarify the actual possibility of the debtor to fulfill obligations, reasons for non-performance their duty and the measures taken by them for proper performance. In this regard, it seems appropriate to work on pre-trial settlement of the dispute.