Pagava T.L. The Concept and Content of Property Rights of Citizens

DOI: https://doi.org/10.15688/lc.jvolsu.2019.1.18

Teymuraz L. Pagava, Postgraduate Student, Department of Civil Law Disciplines, Volgograd Institute of Management – Branch of the Russian Presidential Academy of National Economy and Public Administration, Gagarina St., 8, 400131 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. https://orcid.org/0000-0003-2199-3278 

Introduction: in the article the author conducts a theoretical analysis of the institute of property rights in Russia. Evaluation of the category of “property rights” led to realizing the lack of not only the legal, but also the correct doctrinal definition of this concept. The studied approaches to the definition of the concept of “property rights”, including the analysis of foreign normative legal acts, allowed determining the qualitative characteristics of this category and formulating the author’s definition, claiming the legal consolidation. The research conducted by the author is based not only on the legislation of Russia, but also on the analysis of the legislation of other countries for determining the qualitative characteristics of this concept, which will allow formulating a correct definition. In this regard, the author aims to investigate the issue of the qualitative features of the concept of “property rights” and to formulate the definition that allows determining the role of this category in the civil law system of Russia. Methods: the methodological framework for this study is a set of methods such as the historical and legal, system methods, analysis, and the comparative law method. Results: as part of the study the point of view developed by the author is based on the analysis of not only the normative legal acts of Russia, but also the legislation of Armenia and the Republic of Kazakhstan, the civil scientists’ opinion, as well as the existing judicial practice. The main emphasis in the research is on property rights as a concept in the civil law of Russia and the citizen as an authorized person. Conclusions: the study identified the following features inherent in the concept of “property right”. These are: independence, alienation and availability of the right’s monetary value. This led to the possibility of formulating the definition for the concept.

Key words: property, property rights, citizen, independence, alienation, monetary value.

Citation. Pagava T.L. The Concept and Content of Property Rights of Citizens. Legal Concept, 2019, vol. 18, no. 1, pp. 131-136. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2019.1.18

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