Legal guarantees of realization of property rights in the business sphere

Abstract

The article is devoted to the topical issue of legal guarantees for the realization of property rights in the business sphere. The right of ownership is the basis for effective, innovative economic activity, the development of new forms of business entity. To do this, property owners must have not only a legally regulated opportunity to exercise their powers provided by law and, in particular, the Economic Code of Ukraine, but also guarantees of the full implementation of property rights. The current legislation of Ukraine does not contain a clear list of legal guarantees for the implementation of property rights in the business sphere. The purpose of the article is to concretize and systematize legal guarantees for the implementation of property rights in the business sphere. The study is based on the analysis of scientific literature, current legislation, judicial practice. During the study, the guarantee of the inviolability of this right was analyzed, which means that the owner cannot be deprived of the right of ownership or limited in its implementation otherwise than on the grounds and in the manner established by the laws of Ukraine adopted to protect public, civil and state interests. The guarantee of the free exercise of the powers of the owner in the business sphere was also investigated and it was concluded that this guarantee means that the subject exercises the powers regarding his own property, guided by his own interests, his discretion, and his purpose. The next is the guarantee of protection of property rights, which plays an important role in creating the appropriate conditions for the owner to exercise his powers, and for the implementation of other guarantees for the implementation of property rights in the business sphere.
Based on the study, it was specified that the guarantees for the realization of the right of ownership in the business sphere are the inviolability of this right, the free exercise of the powers of the owner and the protection of the right of ownership. These guarantees are the result of legislative regulation of property relations, they are interdependent and interrelated, therefore they can be considered as such that they create a system of legal guarantees for the effective implementation of the owner’s rights in the business sphere.