PROBLEMATIC ASPECTS OF THE USE OF VINDICATION AND NEGATIVE CLAIMS AS A MEANS OF PROTECTING THE RIGHT TO OWNERSHIP OF A LAND PLOT IN THE EVENT OF ITS UNAUTHORIZED OCCUPATION

Abstract

An important tool for resolving disputes related to the violation of land rights, the restoration of legal rights and interests of individuals is the filing of claims for recovery of damages from the relevant subjects of the offense. The article analyzes scientific and theoretical approaches and judicial practice regarding the application of vindication and negation as effective methods of protecting property rights and other property rights to land plots. The study focuses on examining the relationship between these two methods of protection.

One of the key problems in the field of land law is the correct choice between vindication and negation methods of

protecting land rights, because the resolution of the case depends on it. The article pays special attention to the protection of rights in cases of unauthorized occupation of a land plot, which is a common violation of land legislation. In particular, the growing number of disputes on this issue requires the restoration of the legal rights and interests of land owners or persons who use them.

According to current legislation, the only form of protection of rights in the case of unauthorized occupation of land is judicial protection. However, the law does not specify a specific method of such protection, which has given rise to a scientific debate, which is discussed in the article. An analysis of judicial practice has shown that the unauthorized occupation of a land plot is considered a temporary illegal possession, which is a violation of the rights of the legal owner or user of the land. In such cases, both subjects (the owner and the temporary legal owner) have the right to apply negative protection of their rights. As a result, it can be argued that modern judicial practice has already largely determined the choice of methods for protecting land rights, although not all of these approaches find support in legal science. Nevertheless, such decisions provide greater certainty in the regulation of land relations, creating a more stable legal basis for the protection of land rights.