SOME SPECIFICATIONS OF COURT CONSIDERATION OF DISPUTES

Abstract

The issue of state registration of property rights is a component of a multifaceted mechanism of legally correct registration of property rights. Disputes over property and property rights, in the institution of property rights, are not the last place, and among them many issues are related to the state registration of property rights. The chosen subject of research is only a separate aspect in the mechanism of judicial protection of property rights. The purpose of the article is to try to single out and analyze some aspects of the court's consideration of disputes concerning the state registration of property rights, which are difficulties in judicial protection of property rights. The methodology of the article was general scientific methods of structural analysis and synthesis, in particular in the study of legal regulation of the concept of state registration and the grounds for the emergence, change and termination of ownership, deduction and induction, formal-logical method and more. The scientific novelty of the work is that such a study is practically the first independent review at the scientific level of existing problems in judicial practice of property protection from the point of view of research of procedural features of cases concerning registration actions and their connection with property protection. The conclusions of the work are a number of proposed theses as separate aspects that can be applied in scientific, practical, scientific and methodological work. It has been established that in judicial practice there are many conflicting issues in cases concerning the protection of property rights related to state registration. The article examines two aspects of disputes related to the protection of property rights and state registration: the separation of state registration from the moment of acquisition of property rights and the jurisdiction of disputes over registration actions. It is established that state registration is not a ground for acquiring property rights, but is an integral stage of the legal mechanism for registration of property rights, and properly state registration cannot be identified or equated with the grounds for property rights enshrined in substantive law. It is established that in order to correctly determine the jurisdiction of a particular dispute, it is necessary to analyze the subject of the claim, ie its claims and whether they are directly related to property or property rights, which in this case is evidence of civil jurisdiction. subject of the dispute.