Perm University Herald. Juridical Sciences. 2016. Issue 3 (33)

Title: ON THE CONCEPT AND CHARACTERISTIC FEATURES OF DEFECTS IN THE MECHANISM OF CIVIL REGULATION OF PROPRIETARY RELATIONS
Authors:

Kozhokar I.P. 
Saratov State Academy of Law

This email address is being protected from spambots. You need JavaScript enabled to view it.
ORCID: 0000-0002-0903-7032 ResearcherID: G-7621-2016
«Scopus» & «Web of Science» article:      

---

Requisites: Kozhokar I. P. K voprosu o ponyatii i kharakternykh osobennostyakh defektov mekhanizma grazhdansko-pravovogo regulirovaniya veshchnykh otnoshenij [On the Concept and Characteristic Features of Defects in the Mechanism of Civil Regulation of Proprietary Relations]. Vestnik Permskogo universiteta. Juridicheskie nauki – Perm University Herald. Juridical Sciences. 2016. Issue 33. Pp. 298–303. (In Russ.). DOI: 10.17072/1995-4190-2016-33-298-303
DOI: 10.17072/1995-4190-2016-33-298-303
Annotation: Introduction: the author examines the most common issues associated with the problem of defects in the mechanism of civil regulation of proprietary relations. The study is based on the general concept of defects in the mechanism of civil regulation, as well as on attributes of the proprietary right which are due to the specificity of the subject and method of legal regulation of these relations. Purpose: to analyze the issues connected with definition of the concept, nature and main features of defects in the mechanism of proprietary relations civil regulation taking into account the basic conception of defectiveness of the mechanism of civil regulation of social relations, as well as the concept of rights and duties. Methods: the methodological framework of the research is based on a set of methods of scientific cognition, the dialectical method being the major one. The following methods are also used: general scientific methods (analysis, synthesis, analogy, comparison) and specific scientific methods (formal-legal, technical-legal). Results: some problems of defectiveness of the mechanism of proprietary relations civil regulation have been considered, the objective and subjective reasons for the existence of defects in this mechanism have been identified. It has been found that the regulatory component of the mechanism under study is directly dependent on the socio-economic and political development of the state in a particular historical period of time. Conclusions: the defects under study have been defined, their characteristic features have been revealed. According to the author, defects in the mechanism of civil regulation of proprietary relations are a specific legal reality manifesting itself in substantial flaws in particular elements of this mechanism or in links between its elements, these flaws arising from the specificity of the subject and method of property law as a branch of civil law and entailing disruptions in the efficient functioning of the entire civil regulation mechanism.
Keywords: property law; proprietary legal relations; defects; legal regulation mechanism
  download the full-version article
References: Alekseev S. S. Mekhanizm pravovogo regulirovaniya v sotsialisticheskom gosudarstve [Me¬chanism of Legal Regulation in a Socialist State]. Moscow, 1966. 187 p. (In Russ.).
Venediktov A. V. Gosudarstvennaya sotsialisticheskaya sobstvennost' [State Socialist Ownership]. Moscow, 2004. 463 p. (In Russ.).
Lenin V.I. Polnoe sobranie sochineniy: v 55 t. [Full Composition of Writings in 55 vols.]. Moscow, 1955. Vol. 38. 608 p. (In Russ.).
Marx K., Engels F. Izbrannye proizvedeniya [Selected Works]. Vol. 2. Moscow, 1955. 699 p. (In Russ.).
Mozolin V. P. Pravo sobstvennosti v Rossiyskoy Federatsii v period perekhoda k rynochnoy ekonomike [Ownership in the Russian Federation in the Period of Transition to a Market Economy]. Moscow, 1992. 150 p. (In Russ.).
Rybakov V. A. O sisteme sobstvennosti (tsivilisticheskij ocherk) [On the Property System (Civil Essay).]. Moscow, 2008. 112 p. (In Russ.).
Lee William F., Melamed A. Douglas Breaking the Vicious Cycle of Patent Damages. Cornell Law Review. 2016. V. 101. Issue 2. Pp. 385–466. (In Eng.).
Porat B. Ownership and Exclusivity: Two Visions, Two Traditions. American Journal of Comparative Law. V. 64. Issue 1. Pp. 147–190. DOI: 10.5131/AJCL.2016.0005. (In Eng.).
The Modern Law of Contract. Richard Stone. 10th ed. New York, 2013. 526 p. (In Eng.).
Tzeng P. The State's Right to Property Under International Law. Yale Law Journal. 2016. Vol. 125. Issue 6. Pp. 1805–1819. (In Eng.).
Zhang Ruiqiao. A Comparative Study of the Introduction of Trusts into Civil Law and its Ownership of Trust Property. Trusts & Trustees. 2015. V. 21. Issue 8. Pp. 902–922. (In Eng.).
Zhang Ruiqiao. A better Understanding of Dual Ownership of Trust Property and its Introduction in China. Trusts & Trustees. 2015. V. 21. Issue 5. Pp. 501–519. (In Eng.).
Financing: ---
The Perm State University
614068, Perm, street Bukireva, 15 (Faculty of Law), +7 (342) 2 396 275
vesturn@yandex.ru
ISSN 1995-4190 ISSN (eng.) 2618-8104
ISSN (online) 2658-7106
DOI 10.17072/1995-4190
(с) Editorial board, 2010
The magazine is registered in Federal Agency of supervision in sphere of communication and mass communications.
The certificate on registration of mass media ПИ № ФС77-33087 from September, 5th, 2008
The certificate on reregistration of mass media ПИ № ФС77-53189 from Marth, 14th, 2013

The magazine is included in List ВАК and in the Russian index of scientific citing

The founder & Publisher: the State educational institution of the higher training
“The Perm State University”.
Publishing 4 times a year