scholarly journals Organizational and territorial justification for implementation of restrictions on property rights to land plots in various fields of activity

2021 ◽  
Vol 5 (1) ◽  
pp. 70-77
Author(s):  
N. V. Karpova ◽  
◽  
E. A. Bondarenko ◽  
Keyword(s):  
Property Rights ◽  
Natural Resources ◽  
Urban Economy ◽  
Land Ownership ◽  
The Political ◽  
Property Relations ◽  
Legal Justification ◽  
The Right ◽  
Ownership Reform ◽  
Property Complex

In the context of land ownership reform, the formation of different ownership, individual approaches to the use of natural resources and the property complex has become a priority. At the same time, in all cases, the function of determining ownership is of particular importance and it plays an important role in the formation of effective land and property relations in the urban economy and in other areas of activity. This article discusses the political and legal justification for the introduction of restrictions on the right of land ownership, including the establishment of easements, public easements, zones with special conditions for the seizure of territories, the seizure of lands for state and municipal needs.

scholarly journals On the question of forms and types of property rights in civil law

2020 ◽  
Vol 80 (4) ◽  
pp. 62-67
Author(s):  
Zh. Talipova ◽  
Keyword(s):  
Property Rights ◽  
Common Property ◽  
Civil Law ◽  
Comprehensive Analysis ◽  
The State ◽  
Property Relations ◽  
Territorial Unit ◽  
The Republic ◽  
Legal Concepts ◽  
The Right

The right of ownership, like property itself, occupies one of the main places in public life. Statutory regulation of property relations in the Republic of Kazakhstan existed throughout the entire period of statehood formation. Today, property relations are regulated by the norms of various branches of law. But civil law regulation occupies one of the most important places in the system of regulatory regulation. This article deals with a comprehensive analysis of the main legal concepts, such as property, owner, subject of property rights, as well as forms and types of property, the grounds for the emergence and termination of property rights and ways to protect and protect the absolute right of the owner. A certain thing may belong to several persons as common property. In this case, the right of ownership is distributed among several owners (co-owners). The totality of legal norms on common property forms the institution of common property law. The purpose of this work is a comprehensive analysis of the main legal concepts, such as property, owner and subject of property rights, as well as forms and types of property, the basis for the emergence and termination of property rights and the definition of ways to protect and protect the absolute right of the owner. The means of achieving this goal is the study of the works of Kazakh legal scholars, the study of the analysis of practical materials. The article uses the following methods: comparative-legal, system-structural, formal-logical, as well as the method of system analysis. The legislation of Kazakhstan provides for two subjects of State property that have the right to act on their own behalf: the Republic of Kazakhstan as a whole (in respect of property constituting republican property) and the administrative – territorial unit (in respect of property constituting municipal property). That is, in civil circulation, data are carriers of state property rights. Depending on the tasks performed, the State exercises the powers of the owner on behalf of one of the specified entities. The Republic of Kazakhstan and the administrative-territorial unit are not legal entities. However, unless otherwise provided by legislative acts, they are subject to the rules governing the participation of legal entities in relations regulated by civil law. The state and administrative-territorial unit, as special subjects, have all the rights of subjects of civil legal relations and are limited in legal personality only by the current legislation.

scholarly journals REGULATION OF LAND OWNERSHIP FOR FOREIGN CITIZENS IN INDONESIA FROM AGRARIAN LAW PERSPECTIVE

2021 ◽  
Vol 3 (01) ◽  
pp. 69-81
Author(s):  
Nur Hairul Hari Yanto ◽  
Muhammad Nasarudin
Keyword(s):  
Property Rights ◽  
Land Ownership ◽  
Men And Women ◽  
The Earth ◽  
Agrarian Law ◽  
The Right ◽  
Ownership Rights

In the agrarian system, Article 21 paragraph 1 of the Basic Agrarian Law states that only Indonesian citizens have property rights. One of the examples of ownership rights is the right to land ownership or those that may have a relationship with the earth and space without differentiating between men and women as well as fellow Indonesian citizens, both native and descendants.

Property Rights and Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Property Rights ◽  
Natural Resources ◽  
Indigenous Peoples ◽  
Rural Women ◽  
Local Communities ◽  
Small Scale ◽  
Human Rights Law ◽  
Community Property ◽  
The Right ◽  
And Control

This chapter focuses on the connection between property rights and natural resources. Most national jurisdictions are based on a model of ‘State property’, whereby ownership and control of natural resources are vested in the ultimate authority of the State. This chapter analyses how the right to property supports the recognition of property rights over natural resources for certain category of citizens, notably indigenous peoples, landless peasants, and rural women. Based on this analysis, the chapter then explores how human rights law is gradually supporting the recognition of some forms of community property rights, notably for local forest communities and small-scale fishing communities. It also explores some of the underlying tensions between the concessionary rights of corporations and investors over natural resources and the rights of local communities.

Property Rights, Future Generations and the Destruction and Degradation of Natural Resources

2014 ◽  
Vol 0 (0) ◽  
Author(s):  
Dan Dennis
Keyword(s):  
Property Rights ◽  
Natural Resources ◽  
Good Life ◽  
Future Generations ◽  
The Good Life ◽  
Next Generation ◽  
Primary Goods ◽  
The Right ◽  
At Will

AbstractThe paper argues that members of future generations have an entitlement to natural resources equal to ours. Therefore, if a currently living individual destroys or degrades natural resources then he must pay compensation to members of future generations. This compensation takes the form of “primary goods” (in roughly Rawls’ sense) which will be valued by members of future generations as equally useful for promoting the good life as the natural resources they have been deprived of. As a result of this policy, each generation inherits a “Commonwealth” of natural resources plus compensation (plus, perhaps, other things donated to the Commonwealth). It is this inherited “Commonwealth” which members of that generation must then pass on to members of the next generation.Once this picture is accepted, the standard bundle of property rights is problematic, for it takes the owner of a constituent of the Commonwealth (e.g. that gallon of oil) to have the right to “waste, destroy or modify” that item at will. This paper therefore presents a revised set of property rights which takes seriously the idea that each generation has an equal claim on the resources that nature has bequeathed us, whilst allowing certain effects on those natural resources by each generation, and a degree of exclusive use of those natural resources owned by an individual.

Multiple Embeddedness and Systemic Implications: Struggles over Natural Resources in Minangkabau since the Reformasi

2010 ◽  
Vol 38 (2) ◽  
pp. 172-186 ◽  
Author(s):  
Franz von Benda-Beckmann ◽  
Keebet von Benda-Beckmann
Keyword(s):  
Property Rights ◽  
Natural Resources ◽  
Power Relations ◽  
Social Organisation ◽  
Property Relations ◽  
The Third ◽  
West Sumatra

AbstractThis article deals with struggles over natural resources in West Sumatra, the homeland of the Minangkabau after the end of the Suharto regime in 1998. In these processes, actors often follow ambiguous strategies in pursuing their interests. We argue that these ambiguities to a large extent derive from a combination of factors: One is the multiple embeddedness of property rights at different layers of social organisations, in particular in social and general legal relationships. The second is the systemic implication of property rights in other domains of social organisation, for instance, authority and power relations. The third is the specific complexity and concomitant legal insecurity within plural legal orders. Actors who draw on rules from different legal orders — for designing regulations, for validating transactions, and for making decisions in disputes — have to deal with the problem that property relations are embedded differently in different legal orders and have different logics and systemic implications. This often leads actors to a strange combination of highly legalistic reasoning and a very pragmatic search for solutions.

scholarly journals Profetismo e resistência: crítica à cidade injusta a partir do olhar de um camponês (Mq 3, 9-12) | Prophetism and resistance: criticism of the unjust city from the perspective of a peasant (Mic 3, 9-12)

2021 ◽  
Vol 6 (1) ◽  
pp. 136-149
Author(s):  
Gilda Silva ◽  
Luiz Alexandre Solano Rossi
Keyword(s):  
Historical Context ◽  
Land Ownership ◽  
The Political ◽  
Religious Leaders ◽  
Human Relationship ◽  
People Of God ◽  
The Earth ◽  
The Social ◽  
History Of ◽  
The Right

Este estudo aborda o profetismo bíblico em Miqueias (Mq 3,9-12). Em uma terra devastada, em que não há mais profetas, justifica-se o resgate do profetismo como missão em denunciar a injustiça e anunciar o direito, mais especificamente em relação aos vulneráveis. O objetivo deste estudo é compreender os atos proféticos de Miqueias, apropriando-se deles como chave de leitura para a atualidade, à luz da História da Salvação, conceituando-se resistência como resgate da relação humana com a terra, enquanto vínculo sagrado com a Promessa de Deus a seu Povo. Este intento será conseguido mediante revisão bibliográfica e aproximação bíblico-teológica, buscando-se a reflexão e a entrega do significado do texto conforme o contexto histórico vivido com as lideranças político-religiosas em Miqueias (Mq 3,9-12). Ao investigar a ruptura da Aliança, a perda da posse da terra e a perda do vínculo como nação em Israel, vividas pelos camponeses contemporâneos a Miqueias, procura-se delimitar a responsabilidade pela relativização do direito à terra, como aliança sagrada e consequente perda da condição de identidade como Povo de Deus. Resultados: O estudo demonstrou a função social do profeta como decodificador do momento histórico, atemporal, levado pela força da indignação, da qual procede sua resistência, não solitária, mas, solidária, amparada no sonho coletivo e comunitário, organizado e possível. Considerações Finais: A pesquisa ampliou a compreensão bíblica e teológica da necessidade do resgate da dignidade humana em periferias urbanas, construindo a cidade justa, fundada na agroecologia urbana e na bem-aventurança da simplicidade. This study speaks about the theme of biblical prophetism in Micah (Mic 3,9-12). In a devastated land, where there are no more prophets, the rescue of prophetism as a mission to denounce injustice and announce the right, more specifically in relation to the vulnerable, is justified. The objective of this study is to understand the prophetic acts of Micah, appropriating them as a key for reading today, in the light of the History of Salvation, conceptualizing resistance as a rescue of the human relationship with the earth, as a sacred connection with the Promise of God to his People. This intent will be achieved through a bibliographic review and a biblical-theological approach, seeking to reflect and rescue the meaning of the text according to the historical context experienced with the political-religious leaders in Micah (Mic 3,9-12). In investigating the rupture of the Alliance, loss of land ownership, loss of the bond as a nation in Israel, experienced by contemporary peasants to Micah, it seeks to delimit the responsibility for the relativization of the right to land as a sacred alliance, and consequent loss of the condition of identity as People of God. Results: The study seeks to demonstrate the social function of the prophet as a decoder of the historical, timeless moment, driven by the force of indignation, from which comes his resistance, not solitary, but, solidary, supported by the collective and community dream, organized and possible. Final Considerations: The research intends to base biblically and theologically the rescue of human dignity in urban peripheries, building the just city, founded on urban agroecology and the bliss of simplicity.

scholarly journals Problems of documenting the accounting of intangible assets

2021 ◽  
pp. 58-64
Author(s):  
V.V. Yasyshena
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Natural Resources ◽  
Intellectual Property Rights ◽  
Working Condition ◽  
Intangible Assets ◽  
Quality Of Information ◽  
Primary Documents ◽  
The Right

The situation related to the primary documents and the structure of their forms for accounting for intangible assets needs to be resolved. The existence of a number of options for the use of forms of primary documents for accounting for intangible assets, which complicates the documentation process, as the primary forms are partially collected and regulated by several laws and regulations. The need to streamline and summarize the primary documents for accounting for intangible assets and goodwill is emphasized, the order of which should be regulated by a single document. It is recommended to implement the Guidelines for the use of forms of primary accounting of intangible assets and goodwill, with a set of relevant details, which should include documents that will reflect all groups of intangible assets, not just those related to intellectual property. Emphasis was placed on the need to develop primary documentation that will reflect the operations with the formation of intangible assets that will create internal goodwill. It is noted that the use of uniform, agreed forms of primary accounting of intangible assets is also necessary to improve the quality of inspections by regulatory authorities. Primary accounting forms for inventory of intangible assets № IA-4 «Inventory description of intellectual property rights (PR)» and № IA-5 «Inventory description of objects of the right to use natural resources, property and other intangible assets» are developed and recommended to use. It is substantiated to make clarifications and introduce additional details to the inventory descriptions, which is necessary to improve the quality of information formation during the inventory. Emphasis is placed on the need to disclose in the process of inventory objective information about intellectual property objects by checking them for functional compliance, to record the working condition of such objects.

scholarly journals Artificial intelligence as a potential subject of property and intellectual property relations

2020 ◽  
Vol 9 (1) ◽  
pp. 231-250
Author(s):  
Kateryna Nekit ◽  
Vira Tokareva ◽  
Volodymyr Zubar
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Capacity ◽  
Legal Personality ◽  
Potential Subject ◽  
Property Relations ◽  
The Status ◽  
The Right

The article analyzes the possibility to provide legal capacity to artificial intelligence, which would lead to the emergence of a new subject in legal relations. The aim of the article is to reveal whether it is possible to recognize, that artificial intelligence is able to have property and intellectual property rights. To achieve this aim, dialectical, comparative, dogmatic and legal methods are used. It is noted that according to recent studies, there are more and more grounds for recognizing artificial intelligence as subjects of legal relations. Particular attention in the article is paid to the specifics of the status of artificial intelligence in property relations. The consequences of empowering artificial intelligence with the right to property are analyzed. The conclusion is drawn on the appropriateness of such an approach, since this will solve the problem of liability for damage caused by artificial intelligence. The possibility of endowing artificial intelligence with property on the basis of trust before resolving the issue of its legal personality is proposed. Modern approaches to the problem of rights to objects of creativity created by artificial intelligence are considered in the article. The options for the distribution of rights to such objects are analyzed depending on the degree of human participation in their creation and on the level of complexity of the artificial intelligence that creates these objects. The general conclusion is made about the possibility to qualify artificial intelligence as a subject of legal relations, in particular, of property and intellectual property relations.

scholarly journals Status Hukum Tanah Hak Milik bagi Ahli Waris yang Pindah Kewarganegaraan Menjadi Warga Negara Asing

2020 ◽  
Vol 1 (2) ◽  
pp. 7-11
Author(s):  
Agnes Geraldine Olga Supriyana ◽  
I Nyoman Putu Budiartha ◽  
I Ketut Sukadana
Keyword(s):  
Property Rights ◽  
Research Method ◽  
Land Ownership ◽  
Legal Research ◽  
Mixed Marriages ◽  
The Status ◽  
The Law ◽  
One Year ◽  
The Right ◽  
Ownership Rights

Indonesian citizens who have transferred citizenship due to mixed marriages with other citizens who obtain property rights due to inheritance should be obliged to relinquish this right within one year. If it is not released then the right is lost because the law and the land fall to the state. However, in reality some of these property rights have not been released. This research is formulated to determine the status of land ownership rights that are not released by heirs who become foreign nationals and to find out the legal efforts taken by heirs who have transferred citizenship to become foreign citizens in releasing their ownership rights over land acquired due to inheritance. The research method used in this research is normative legal research method. The results showed that the status of land ownership rights that were not released by heirs who became foreign citizens was lost due to the law. This occurs after a period of one year, and the land becomes State land. Then, the legal effort made by the heirs in releasing ownership rights over the land obtained due to inheritance is to apply for more Indonesian citizenship or to remain a foreign citizen residing in Indonesia, so after one year they can obtain use rights or transfer of property rights. It can be done through buying and selling.

Guarantees of the rights of heirs in the imposition of non-material obligations on them by will

2021 ◽  
pp. 75-79
Author(s):  
A. Kiryk
Keyword(s):  
Property Rights ◽  
Civil Code ◽  
Property Relations ◽  
Intangible Benefits ◽  
The Will ◽  
Definition Of ◽  
The Right ◽  
The Cost ◽  
Mixed Property

The article examines the issue of assigning non-property obligations to testamentary heirs. Inheritance relations, for the most part, are property relations carried out by heirs through the performance of rights and obligations in respect of material assets left by the testator (apartments, land, cars, etc.). However, the civil legislation of Ukraine provides for a rule on the imposition of non-material obligations on the heirs. Since, according to the Civil Code of Ukraine, the inheritance consists only of property obligations, the testator, being deprived of the opportunity to transfer personal non-property rights and obligations to the heirs, has the right to oblige the heirs to perform non-property actions. It was found that the Laws of the XII Tables contained provisions that in the event of his death, the testator may dispose of non-property rights. n this context, it should be recognized that the views of those authors who believe that a will is not only a disposition of property, but also a disposition of other tangible or intangible benefits in the event of death, are successful. It has been established that the imposition of non-material duties to perform certain actions aimed at achieving a socially useful goal are separate testamentary dispositions. The classification of liabilities aimed at achieving a socially useful goal on property and non-property is substantiated. The definition of the concept of “socially useful activity” is offered. It is determined that posthumous orders of a non-property nature are of a mixed, property-nonproperty nature. It is established that the guarantee of the rights of heirs who are obliged to perform certain actions of a non-material nature is that the cost of these obligations should not exceed the value of the inherited property, and therefore the will will not have legal force if it does not have at least one property order.

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