Bortnyk O. Acquisition of Property Rights from Court Decisions

The dissertation is the first in the domestic doctrine of civil law, civil-procedural and economic-procedural law systematic work on the study of theoretical and practical problems of the institute of acquisition of property rights from court decisions. It is substantiated that in the civil legislation of Ukraine there is a separate legal institution of acquisition of property rights from court decisions as the primary method of acquisition of property rights and this legal institution is studied comprehensively, both in terms of civil law and in terms of civil and commercial law. Cases of possible interference of public authorities in the right of other persons to peacefully own their property in the acquisition of property rights from court decisions on the legality of such interference, in light of the practice of Art. 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms of the European Court of Human Rights and the criteria of such legitimacy developed by this Court. Possible ways of eliminating cases of unjustified imbalance between general or public interests and the right of an individual due to interference of public authorities in the rights of others in the course of acquiring property rights from court decisions are suggested. It is proposed to introduce the institution of acquisition of ownership of ownerless real estate by the owner of the land on which such property is located, while introducing rules of law that would prevent the actual recognition of ownership of unauthorized construction and legalization of illegally seized land. The legal relations concerning the acquisition of property rights from court decisions are analyzed, the characteristic features and characteristics of such legal relations are given. The opinion is substantiated that a court decision, in cases when it is the only and primary legal document on the basis of which the right of ownership of property can be acquired, is a separate type of court decision on the acquisition of property rights. It is proposed to eliminate the legal uncertainty enshrined in Part 1 of Article 344 of the Civil Code of Ukraine, in the understanding of the concept of "foreign property" and justified the need to ensure clarity and clarity of civil law in this matter.