CONSTITUTIONAL REGULATION OF OWNERSHIP

Abstract

Comparative legal analysis of the differences in the regulation of status of ownership and property right in the constitutions of a number of countries were conducted in the article. The study was executed in three directions. First, it is analyzed how exactly the property is represented in the constitutional norms. The study of the texts of the constitutions made it possible to establish that the question of property is represented either as a subjective right of a citizen, or as an economic and legal category (form of ownership), or as a sum of both. Secondly, the volume of constitutional regulation is compared. Depending on this, it is proposed to outline a brief, medium and detailed model of constitutional property regulation. Thirdly, there are differences in the nature (form) of the constitutional norms governing property relations. They can be formulated either as a norm-setting, or as a guarantee norm.