Problems of Improving Russian Legislation on Property Rights and Other Proprietary Interests

I.A. Emelkina
European Research Studies Journal, Volume XIX, Issue 3B, 170-186, 2016
EOI: 10.11214/thalassinos.19.04.010

Abstract:

The article is dedicated to the analysis of property right which is a new category for the Russian legal system. The introduction of private property land right into the Russian legislation in the end of the last century caused revival of theoretical researches of both property rights and limited proprietary interests. The bill on change of the Civil code of the Russian Federation was prepared on this basis. The key changes will be brought to the section of property right and other proprietary interests. However there are still different approaches to interpretation of concept, indications and types of property rights in the Russian science. Therefore, this article presents the analysis of problems of the property rights doctrine, practice of application of the current legislation; the author proposes own definitions and conclusions. The author sums up the impact of action of the proprietary interest institutes which are new for the Russian legal system: privatisation, private land and premises ownership, usucapion etc. The author concludes that certain positions of proprietary interest should be further improved, in connection with complication of economic turnover, creation of land and other real estate market. Special attention is drawn to the legal doctrine and legislation of foreign countries which law contains proprietary interests for several centuries. The reference to the foreign analogues of proprietary interests’ regulation is topical for the modern Russian legislation. The scientific article is addressed to lawyers, and first of all to the people interested in problems of the modern civil law.


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