THE LEGISLATION DEVELOPMENT IN THE DECLARATION OF THE RIGHT FOR PUBLIC PROPERTY FOR OWNERLESS IMMOVABLE PROPERTY

Abstract

The process of development of the domestic law of ownerless things is traced in the article. The problems of relations concerning ownerless things, the historical development of this concept in the regulatory framework confirming the continuity of the law are examined by the author However, certain problems uncharacteristic of the practice of the Soviet era and caused by the fundamental changes in perception of the ownership rights are noted to arise. Analyzing court practice in cases of the recognition of the right of municipal property for the ownerless immovable thing, the author draws attention to the lack of the unified interpretation of provisions of the law. The attention is drawn to the peculiarities of jurisdiction over this category of cases, the lack of uniformity of judicial practice, resulting in discrepancies in the operative parts of judgments. The author comes to the conclusion that local authorities have a duty of registration the immovable property and the appeal to the court with requirement about the declaration of the right of municipal property for the ownerless immovable thing. With regard to the current situation and theoretical framework, the measures for the elimination of the legal collisions in the declaration of the right of municipal property for the ownerless immovable thing are proposed requiring clarification and concretization of the legal framework.