Property rights as the object of protection under the conditions of armed conflict

Abstract

The article examines the relationship on the protection of property rights in armed conflict as a kind of legal relationship on protection, focuses on property rights as the object of such relations and the existence of armed conflict, which directly affects the existence of property rights violations and understanding the possibility of redress only after the end of the conflict. It has been proven that human rights are the highest social value, and their protection and protection is a direct duty of the state. The state's commitment to respect and protect human rights does not disappear in armed conflict. Property rights are always related to property, but not identical to property rights, although components of property rights are considered property, moreover, the legislator gives examples of specific rights that are inherently property. It is determined that it is necessary to distinguish between violations, non-recognition and challenge in their legal content, and clarifies the importance of the criterion of illegality of active actions and / or inaction that led to violation, non-recognition and challenge of property rights in armed conflict. It has been proven that conduct that violates the rule of law and does not comply with the requirements of the law is illegal if it does not have any signs of lawful conduct, which in turn may affect liability for damage. It is emphasized that such a characteristic of property law as "domination of property values" is subject to significant violations and even the complete impossibility of such domination in the face of hostilities, terrorist acts, sabotage caused by military aggression of the Russian Federation. The loss of the subjects of property rights of such powers in relation to them as possession, use and disposal, as well as the violation of legitimate expectations regarding the implementation of property rights in the future. It is proposed that the mechanism for the protection of property rights include the filing of an application for compensation, its consideration by the competent authorities and the provision of compensation.