THE RIGHT OF PRIVATE PROPERTY: CONSTITUTIONAL EVOLUTION
Rubrics: CONSTITUTIONAL AND MUNICIPAL LAW
Authors:
1.
Institut gosudarstva i prava Rossiyskoy akademii nauk
(glavnyy nauchnyy sotrudnik)
Russian Federation
Russian Federation
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
31.03.2015
Accepted:
31.03.2015
Published:
31.03.2015
Language:
Russian
Keywords:
Private property, restrictions on private property, public ownership, state property, social function of private property.
Abstract (English):
Attitude to private property in the mentality of nations and its constitutional regulation at the present day has changed significantly. Nowadays, constitutions do not contain former definitions of private property as sacred and inviolable (although the French Declaration of the rights of man and of the citizen of 1789, in Article 17 of which it is set forth, is a part of the non-consolidated Constitution of France). In the constitutional law there appeared new approaches to the regulation of the private property institution, the desire to its certain socialization; the constitutional law refers to economic and social justice, to the social function of private property. Certain restrictions on private property are posed, the legitimacy of its nationalization in the interests of the society and the State is recognized. Constitutions provide separate legal regulation to various forms of property. On the other hand, the remaining countries of totalitarian socialism have changed their attitude towards private property. Nowadays in such countries there are no longer rules on the private property elimination. On the contrary, their constitutions contain provisions on the practicability of its existence and use. Such socio-authoritative approach to the regulation of the right of property in the constitutional law considerably differs from the legal regulation of the property institution in the civil law. On the basis of the analysis and synthesis of legal norms, and using historical and comparative methods the article establishes core milestones in the development of constitutional regulation of the private property right, considers the new laws in the right in capitalist countries, in the states of totalitarian socialism and Muslim countries. The article analyzes the peculiarities in the maintenance of the private property institution in the constitutional law, the original idealization of private property in the interests of social strata, who won in bourgeois revolutions of XVII-XVIII, the forms of subsequent restrictions of this right; the article reads about the evolution of the legal status of private property and its legal regulation in the modern context.
Attitude to private property in the mentality of nations and its constitutional regulation at the present day has changed significantly. Nowadays, constitutions do not contain former definitions of private property as sacred and inviolable (although the French Declaration of the rights of man and of the citizen of 1789, in Article 17 of which it is set forth, is a part of the non-consolidated Constitution of France). In the constitutional law there appeared new approaches to the regulation of the private property institution, the desire to its certain socialization; the constitutional law refers to economic and social justice, to the social function of private property. Certain restrictions on private property are posed, the legitimacy of its nationalization in the interests of the society and the State is recognized. Constitutions provide separate legal regulation to various forms of property. On the other hand, the remaining countries of totalitarian socialism have changed their attitude towards private property. Nowadays in such countries there are no longer rules on the private property elimination. On the contrary, their constitutions contain provisions on the practicability of its existence and use. Such socio-authoritative approach to the regulation of the right of property in the constitutional law considerably differs from the legal regulation of the property institution in the civil law. On the basis of the analysis and synthesis of legal norms, and using historical and comparative methods the article establishes core milestones in the development of constitutional regulation of the private property right, considers the new laws in the right in capitalist countries, in the states of totalitarian socialism and Muslim countries. The article analyzes the peculiarities in the maintenance of the private property institution in the constitutional law, the original idealization of private property in the interests of social strata, who won in bourgeois revolutions of XVII-XVIII, the forms of subsequent restrictions of this right; the article reads about the evolution of the legal status of private property and its legal regulation in the modern context.
Keywords:
Private property, restrictions on private property, public ownership, state property, social function of private property.
Private property, restrictions on private property, public ownership, state property, social function of private property.
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