Constitutional and Legal Features of Property Law in the Russian Federation

The master’s thesis is devoted to the institution of property rights, which is the fundamental basis of any economy and society as a whole. The nature of the economic system of the state as well as the very construction of the constitutional model of the state depends on the nature of the regulation of property issues The main aim of the work was a comprehensive study of the institute of property rights, primarily in terms of its constitutional and legal features. Special importance is given to the right to own property, as an institution of law, which is one of the bases for building a market model of the economy. In this work the author investigated the norms of domestic law governing property relations, as well as the jurisprudence of the Constitutional Court of the Russian Federation and the European Court of Human Rights, using a combination of techniques and methods of knowledge (dialectical, systemic, formal legal, logical, comparative legal). Based on the results of the work, it was concluded that there are restrictions on the right of private property in the Russian Federation. It is indicated that the very understanding of ownership in different sciences is not identical. The author also separated the concepts of «limits of the realization of the right” and “restrictions of the right”. The main constitutional restrictions on property rights were highlighted. Objects of property rights such as land and natural resources were studied separately. Based on the studied practice of the judiciary (domestic and foreign) as well as current legislation, it was concluded that the main problem in the mechanism of protection of property rights from unreasonable restrictions is the existence of limits on these restrictions (restrictions on restrictions). However, after analyzing the above sources, the author came to the conclusion that, in most cases, restrictions on the right of ownership have guarantees of protection.