Modern practice of securing property rights and lawful possession of citizens of the Russian Federation
Currently, Russia has a legal model for the protection of real rights of citizens, equalizing their rights with other participants of legal relations - legal entities and the state. However, in practice, the ability of citizens to protect property rights and legal possession is significantly limited even if they relate possession in good faith. There are very common cases when courts decide on the alienation of the property of individuals into state ownership, acquired on the basis of documents of ownership included in the state register. The analysis of law enforcement practice indicates that the courts often incorrectly assess the integrity of the buyer, apply criteria that are not defined, verification of which is impossible for the purchaser. Courts ignore 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 in relation to the fact that citizens should not suffer damage because of errors of the state, especially if it is associated with such significant losses, as the loss of a place of residence. On the other hand, the motivation of the courts of first and second instance may be related to the prevention of fraudulent schemes with objects of invisibility, especially those related to escheat. In this regard, it is important to define the signs of good faith of the buyer, the assessment of which can be carried out in the framework of disputes in the courts.