The human rights function concept in the field of real estate turnover

Автор: Beglova G.Z.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 11, 2023 года.

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In the article, taking into account the evolution of the concept of the human rights function, the thesis is argued that in relation to the regulatory and protective functions, it is both generating and integrating. Human rights protection is a priority, on the one hand, connecting the mechanisms of regulation and protection, and on the other - combining them into a single whole, when both these processes effectively complement and strengthen each other. At the same time, each of the functions has its own specifics, and the processes of their interaction form the foundation of the constitutional order. The content of the human rights function as a constitutional legal concept is revealed. The socio-legal meaning of its execution in the sphere of immobiliary turnover is disclosed. The remarkable thing is that in this respect it is performed at the legislative and jurisdictional levels, which are collectively oriented towards a certain legal result, consisting in ensuring the balance between private and public good in the exercise of the rights of the owner.

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Human rights, human rights function, real estate turnover, welfare, balance

Короткий адрес: https://sciup.org/149144608

IDR: 149144608   |   DOI: 10.24158/tipor.2023.11.40

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