PUBLIC ADMINISTRATION AS AN ORGANIZATIONAL AND LEGAL MEANS OF PROTECTION OF PROPERTY RIGHTS

The article explores the idea that public administration can act as an independent means of protection of civil rights, complementing such tools as civil law types of protection of rights, which consist in proving the legality of possession of the property itself. Protection of property rights is traditionally considered a field of private law, built on the principles of respect for private property, equality of arms, independence of the court and a fair settlement of legal disputes. It is stated that, unlike civil law methods of protection of rights, public administration as a method of protection of rights is aimed not at protecting the issue of legality of possession but at protecting the registration record from wrongful distortion. A large array of rules on the protection of private property is of a public law nature and is associated with the administration of relevant records. It is argued that from the point of view of protection of property rights, in particular property rights to real estate and their derivatives — the rights of the mortgagee, rights of claim, which are notarized, etc., the activities of state bodies are an organizational means of protecting such rights in the form of public administration. Publicity means that any decisions regarding changes in registered rights are made in public and, in accordance with the procedures provided by law, become public property, including stakeholders and an indefinite number of entities. It is determined that the essence of administration is that rights are protected on a procedural basis and the need for certain legal preconditions for making a management decision on changes in registered rights cannot be replaced by other legal preconditions, or a decision cannot be made without sufficient legal grounds.