Способи захисту права власності: поняття та критерії ефективності

The article explores the issue of ensuring proper protection of property rights and the necessity of choosing the most effective method for this purpose. Key issues in this area are highlighted with the aim of implementing effective state mechanisms for the protection of property rights and the observance of the rights and legitimate interests of owners. It is emphasized that the chosen method for protecting a violated, unrecognized, or disputed subjective civil right must meet the criterion of effectiveness, which should be understood as the ability to restore the property status that existed before the unlawful encroachment. Effective protection of civil rights not only contributes to the restoration of the violated right but also plays an important preventive role, as participants in civil relations must be confident that their violated, unrecognized, or disputed civil rights, freedoms, or interests will be properly and reliably protected. At the same time, it is stated that the right to protection, by its legal nature, is an integral element of human and citizen rights. In this regard, the article analyzes the relevant provisions of the Constitution of Ukraine, the Civil Code, and the Civil Procedure Code, which regulate these legal relations, as well as certain aspects related to the consideration of such cases in courts. Furthermore, legal conclusions of the Supreme Court are provided, which are important for ensuring the unity of judicial practice. In addition, references are made to the relevant provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms and to the case law of the European Court of Human Rights. It is noted that the methods of protection, by their purpose, may be considered as legally defined mechanisms of substantive legal means for safeguarding civil rights and interests, which are activated by a court decision in case of their violation or real threat of such violation. At the same time, the aim of applying a particular method of protection is to eliminate uncertainty in the relationships between subjects, create the necessary conditions for the realization of the right, and prevent actions by persons who obstruct its exercise. Despite the fact that the judicial form of protecting property rights should be recognized as the most effective, the importance of choosing, in each specific case, the method of protection that can ensure the actual restoration of the violated rights and legitimate interests of the owners is emphasized.