Scholarly record

PROPRIETARY METHODS OF THE PROPRIETARY RIGHTS PROTECTION IN THE CIVIL LAW OF THE REPUBLIC OF KAZAKHSTAN AND COUNTRIES OF THE EUROPEAN UNION: COMPARATIVE LEGAL ANALYSIS

M. Saule

Abstract

The aim of the article is the fulfillment of the comparative legal analysis of the property rights protection in the civil law of the Republic of Kazakhstan and countries of the European Union. The research is based on the spectrum of the civil legal provisions, which regulate the issue of the property rights protection in the civil law of Germany, France and the Republic of Kazakhstan, their compliance with the current requirements and the ability to meet the challenges of time and thereby the development of the new proposals and recommendations for their improvement. The methodological basis of the research includes: a systematic approach -for the analysis of the conceptual apparatus of the theme; a dialectical method, a comparative legal method, special methods of the formally juridical and legal modeling – for studying the issues of the implementation of the legislative norms and the law enforcement practice of the European countries into the national legislation of the Republic of Kazakhstan. In the research the need of the modernization of the civil legislation on the property rights in the Republic of Kazakhstan is actualized. This article contains the interpretation of the modern civil doctrine, national legislations and the law enforcement practice. The field of the results application and the practical implementation of the research results and their development is determined by the grounding of the specific mechanisms and priorities for improving the legislation and the law enforcement practice in the field of the property rights protection in the Republic of Kazakhstan.

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