Ensuring the rights of legal ownership of Russian citizens: opportunities and limitations of law enforcement
To date, it is very common for courts to decide on the alienation of property into state property acquired on the basis of documents on the right of ownership included in the state register. Currently, Russia has a legal model for protecting the property rights of citizens, equating them with other participants in legal relations - legal entities and the state. However, in practice, the ability of citizens to protect property rights and legal ownership is significantly limited, even if they relate to bona fide ownership. The courts ignore both the provisions of paragraph 5 of Article 10 of the Civil Code of the Russian Federation and the position of the European Court of Human Rights that citizens should not suffer damage due to state errors, especially if it is associated with such significant losses as the loss of their place of residence. An analysis of law enforcement practice indicates that the courts incorrectly assess the integrity of the buyer, often using criteria that are not legally defined and verification of which is impossible for the buyer. In this regard, it is important to consolidate the normative definition of the signs of the buyer's good faith, the assessment of which can be carried out in the framework of the consideration of disputes in the courts. On the other hand, the motivation of the courts of the first and second jurisdiction may be related to the prevention of fraudulent schemes with objects of invisibility, especially those related to fainting.