5. The right of property and its constitutional protection

The property right is the central institute of civil law. The constitution of Ukraine has established a principle of indestructibility of a private property. The essence of this principle consists is nobody can be illegally deprived the property right. There are only legal foundation for property right deprivation:

1) Compulsory alienation (принудительноеотчуждение) of objects of the right of a private property. As motive of such alienation can be exclusively public necessity. Compulsory alienation of object of a private property in a peace time is carried out only under condition of preliminary and the full indemnification of its cost. Compulsory alienation of object of a private property in the conditions of military or extreme positions is supposed with the subsequent full indemnification of its cost;

2) Property confiscation. It can be applied exclusively under the court decision in cases, volume and order established by the lawю

The constitution of Ukraine establishes also property right restrictions

The civil code of Ukraine defines the property right as the public relations settled by the law on possession, using and order property.

The property right maintenance reveals through competences belonging to the proprietor — legal possibilities to make certain actions:

1. Possession — the actual possession a thing connected to intention to consider a thing as owner. Actually possesses a thing and the one who holds her in hands literally, physically feels it, and the one who has access to a thing.

2. Using — extraction from a thing of useful properties. This main competence of the proprietor, the purpose of property right. The thing is got to satisfy, household , economic requirements of the owner. Using can be carried out in various forms. It is important only that using a thing do not break the rights of the other people and it is not forbidden by the law;

3. Order — possibility to solve legal and actual destiny of a thing: to alter a thing, to destroy, to throw out, transfer to another person .

As object of the property right can be various things:

• Consumed (are destroyed at first use) and inconsumable (do not lose the essence at repeated use). For example, products, money, technical raw materials — consumed things, furniture, the car — inconsumable;

• Patrimonial (the main characteristic — weight, volume, quantity) and individually-defined (have individual, unique signs). For example, money a-patrimonial thing, and a picture of the known artist — individual;

— Movable (can be moved in space without damage to a thing) and immovable (the earth and the objects connected to it, and also river and sea ships).

State of Ukraine, territorial communities, natural person and legal entities can be subjects of the property right. According to the Constitution of Ukraine and the Civil code of Ukraine all subjects of the property right are equal before the law.

The constitution of Ukraine guarantees protection of the rights of all subjects of the property right and managing.

The property right, besides a constitutional law, is protected by norms of civil, criminal, administrative and some other branches of the law.

The basic civil-law way of protection of the property right is suing a claim. The claim is appeal to the court for protection of the broken right.