STATE INFLUENCE ON A PRIVATE LAW MECHANISM FOR THE PROTECTION OF PROPERTY RIGHTS

Kashaev Kamil Albertovich

The article examines the peculiarities of the state's influence on the private law mechanism for the protection of property rights, which consists in the fact that the state is obliged to ensure the proper security of civil turnover; formal certainty and accessibility of the private law mechanism for the protection of property rights through law-making and the administration of justice. It is noted that the criterion for the proper performance of this duty is the balance of private and public interests, even if they have the opposite orientation. The author comes to the conclusion that the state influence on the private law mechanism of property rights protection strengthens it, giving it features of formal certainty and legitimacy. By creating legal norms regulating the private law mechanism for the protection of property rights, the quality of formal certainty of such a mechanism is ensured. And by making decisions by the court on relevant disputes, the private law mechanism is given the quality of legitimacy in the sense of скcitizens' trust, their conviction in the guarantee and accessibility of a private law mechanism for the protection of property rights.

Keywords:property right, protection of property rights, mechanism for the protection of property rights, private law mechanism for the protection of property rights.