THE CONCEPT OF PRIVATE PROPERTY: THE CURRENT STATE OF THE LEGAL FRAMEWORK AND SCIENTIFIC AND PRACTICAL PROBLEMS (COMPARATIVE LEGAL ANALYSIS)

Abstract

Private property is a factor that requires a conceptual approach in any state and society, and ensures the correct and reasonable determination of legal status, as well as economic stability. Therefore, the definition of the concept of private property and the improvement of its legal framework are of particular relevance today. Priority in the status of private property requires the state to ensure reliable, acceptable and sustainable protection of the rights and legitimate interests of the owner, to improve effective mechanisms for the protection of private property and to create opportunities for private entrepreneurship not only in civil and economic law. At the same time, it shows the need to interpret the concept of private property from a legal point of view, to interpret the term “private property” not as an object of civil rights, but as a legal relationship. In fact, private property expresses the sum of the relationship of the owner to his property and the relationship of third parties to the owner and his property as foreigners. Therefore, based on the state of expression of private property in the legislation of different countries, it is important to conduct a comparative analysis of the legal foundations of private property and, thus, to find appropriate scientific and legal solutions. As a matter of fact, private property is the sum of the relationship of the owner to his own property and the relationship of third parties to the owner and his property as someone else's. Therefore, based on the state of expression of private property in the legislation of different countries, it is important to conduct a comparative analysis of the legal foundations of private property and, by doing so, to find appropriate scientific and legal solutions.