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Privatization. Property right protection

Privatization is a chargeable alienation of property, which is in the ownership of the Russian Federation, (or of the Subjects of the Russian Federation, or of the municipal entities) to the ownership of physical persons and legal entities.

Protection of rights of ownership is an integral part of a concept of civil rights protection, that is a broader definition and deemed to be a system of legislative measures applied to violators and destined to restoration or protection of rights of ownership.

According to Russian Law the civil rights shall be protected by way of:

  1. Proprietary means of protection directed to protection of rights of ownership as absolute right. It includes action in replevin and negatory claim as well as recognition of rights of ownership claim.
  2. Liability means of protection include the compensation of losses incurred to the owner, replevin with respect to property transferred for usage as agreed by the parties. Such means are to be applied if any right of ownership is violated indirectly as a consequence of violation of right under an obligation\contractual right/right in personam.
  3. Claims against public authorities make a particular kind of means of protection of civil rights. Since powers given to the authorized bodies exclude the possibility to bring a common (real) law suit as well as an obligatory law suit against them in case they act as unequal participants of civil circulation.