Execute: Julia Prykhodko & Irina Nykyforenko
6508/2 , 4- group
Ownership - is regulated by law social relations of
possession, use and disposition of property. According
to Art. 41 of the Constitution of Ukraine, everyone has
the right to possess, use and dispose of their property,
and the results of their intellectual and creative activity.
The property is an economic category, which is one
of the manifestations of social relations on the
appropriation of wealth.
OWNERSHIP views as to the objective and subjective aspect:OWNERSHIP views as to the objective and subjective aspect:
In the objective aspect of ownership - is the body of law
governing social relations of ownership, use and
disposition of property.
In the subjective aspect of ownership - a set of office holder
of the ownership, use and disposition of property.
Ownership - is the actual presence of things on the farm
owner and his ability to influence it directly. Languages
can be legal and illegal.
Use - the right to withdraw the things their useful
Resolution - the right to determine the legal or actual
fate of the property.
The combination of these powers in the face suggests the
owner of the property.
Стаття 316 Цивільного кодексу. Поняття права власності
1. Правом власності є право особи на річ (майно), яке вона
здійснює відповідно до закону за своєю волею, незалежно від
волі інших осіб.
2. Особливим видом права власності є право довірчої власності,
яке виникає внаслідок закону або договору управління майном.
Article 316. Notion of the Ownership Right
1. Ownership Right shall be the right of an individual in a thing
(property) that he/she enjoys in
compliance with the effective legislation on his/her own will
irrespective of the will of the
Article 317. Content of the Ownership Right
1. The owner shall have the right to own, use and dispose of his
2. The content of the ownership right shall not be affected by the
owner’s place of residence
and the location of the property.
Article 318. Subjects of the Ownership Right
1.Subjects of the ownership right shall be the Ukrainian
people and other participants to civil relations specified in
2. All subjects of the ownership right shall be equal before
Article 321. Inviolability of the Ownership Right
1. The ownership right is inviolable. No one can be illegally
deprived of this right or restricted in its implementation.
2. The person can be deprived of the ownership right or
restricted in its implementation only in cases and per the
procedure established by the law.
3. Forced alienation of the objects of ownership right may be
applied only as an exception for the reasons of public necessity
on the ground and per the procedure established by the law and
on the condition of preliminary and full compensation for its
value, except as provided in part two of Article 353 of this
Article 324. Ownership Right of Ukrainian People
1. Earth, its mineral resources, atmospheric air, water and other
natural resources located within the boundaries of Ukraine,
natural resources of its continental shelf, exclusive (marine)
economic zone shall be the objects of ownership right of
2. Bodies of the state power and local governments shall be
delegated the ownership right on behalf of the state within the
limits established by the Constitution of Ukraine.
3. Every citizen shall have the right to use the natural objects of
the ownership right of Ukrainian people pursuant to the law.
Article 325. Right of Private Property
1.Physical and legal persons shall be the subjects of private property.
2. Physical and legal persons may be the owners of any property except
for specific types of property that cannot be in their possession
pursuant to the law.
3. Composition, quantity and value of property that can be owned by
physical and legal persons shall have no limitations.
The law may establish a limited size of the land parcel that can be
owned by physical or legal persons.
Object of private property are :
- Individual enterprises based on the personal property of an
individual , and only her work;
- Family businesses based on ownership and labor citizens of
Ukraine - members of one family living together ;
- Private companies , based on the property of the individual
citizen of Ukraine, with the right hiring labor;
- Peasant (farmer 's) economy ; - Companies based on
ownership of foreign citizens;
- Property belonging to citizens , including citizens engaged in
entrepreneurial activities without forming a legal entity.
Article 326. Right of the State Property
1.The state shall own the property including monetary funds
possessed by the Ukrainian State.
2. Relevant bodies of the state power shall exercise the property
right on behalf and to the interests of the Ukrainian State.
Article 386. Principles for Property Right Protection
1.The state shall provide equal protection of rights for all subjects of
the property right.
2. An owner that has grounds to foresee a possibility of violation of
his/her property right by another person may apply to court with the
request to prohibit performing the actions that may violate his/her
right or to undertake specific actions to prevent this violation.
3. An owner whose rights are violated shall have the right for
compensation of his material and moral losses.