Property security in the system of national security of the Russian Federation

D.V. Iroshnikov

Russian University of Transport (MIIT), Moscow, 127994 Russia

E-mail: dv-iroshnikov@mail.ru

Received January 11, 2018

Full text PDF

Abstract

Currently, the system of national security of the Russian Federation as a whole and some of its types in particular require a comprehensive legal study. For example, the issues of legal security of property are practically not considered from the theoretical and legal point of view. The category of “property security” has been studied in this paper to determine its place in the national security system of the country and to identify the legal mechanisms to ensure it. The nature of property security has been considered, including the correlation of such concepts as “property”, “thing”, and “property in ownership” in legal doctrine and practice.

The results of the study show that there is a risk of loss of ownership without direct damage to the property (it ceases to belong to the owner, but does not change its quality properties, that is not damaged or destroyed). In this regard, it has been proposed to distinguish, in addition to property security, the category of “security of property in ownership”. Within the framework of property security, the object of protection is property as such. Within the framework of ensuring the security of property in ownership, the object of security is the right of ownership.

The following threats to property security can be singled out:

– threat of loss of property;

– threat of accidental death (damage) of property;

– threat of destruction of property from the actions of third parties;

– threat of property damage from the actions of third parties;

– threat of theft of someone else’s property;

– threat of illegal acquisition of property rights by third parties.

Not only describes the traditional criminal law means of property protection have been described, but also the issues of property security in the storage of things, as well as under the contract of property insurance have been touched upon. The obtained results can be used for further theoretical, legal, and specific legal research.

Keywords: property security, national security, property, thing, property in ownership, crimes against property, storage, insurance

Acknowledgments. The study was supported by the Russian Foundation for Basic Research (project no. 17-03-00767).

References

  1. Khatuaev V.U. Administrative and legal system of property security. Doct. Leg. Sci. Diss. Moscow, 2005. 380 p. (In Russian)
  2. Tudos S.A. Administrative activities of non-departmental security forces of the Ministry of Internal Affairs of the Russian Federation to ensure property security and personal security. Cand. Leg. Sci. Diss. Moscow, 2004. 197 p. (In Russian)
  3. Mikailov S.M. Natsional’naya i imushchestvennya bezopasnost’: sootnoshenie ponyatii i aspekty obespecheniya vnevedomstvennoi okhranoi politsii [National and Property Security: Correlation of Concepts and Aspects of Providing Non-Departmental Police]. Moscow, PIN, 2013. 296 p. (In Russian)
  4. Pokrovskii I.A. Osnovnye problemy grazhdanskogo prava [Main Problems of Civil Law]. Petrograd, Pravo, 1917. 328 p. (In Russian)
  5. Pobedonostsev K.P. Kurs grazhdanskogo prava. pervaya chast’: Votchinnye prava [A Course of Civil Law. First Part: Patrimonial Rights]. Moscow, Statut, 2002. 800 p. (In Russian)
  6. Dolinskii E.A. Comparative regulatory analysis of the institution of property: Unity and differences in the Western legal tradition. Sovremennye paradigmy yuridicheskoi komparativistiki v aspekte razvitiya natsional’nykh pravovykh sistem: Sb. st. po materialam VII Mezhdunar. nauch.-prakt. konf. [Modern Paradigms of Legal Comparative Studies in the Aspect of Development of National Legal Systems: Proc. VII Int. Sci.-Pract. Conf.]. Rostov-on-Don, Ross. Gos. Ekonom. Univ., 2002, pp. 161–166. (In Russian)
  7. Meier D.I. Russkoe grazhdanskoe parvo [Russian Civil Law]. Moscow, Kn. po Trebovaniyu, 2012. 742 p. (In Russian)
  8. Plokhova V. Plokhova V. Features of natural objects and their reflection in legal regulation. Rossiiskaya Yustitsiya, 2002, no. 6, pp. 28–30. (In Russian)
  9. Tarkhov V.A., Rybakov V.A. Sobstvennost’ i parvo sobstvennosti [Property and Ownership]. Moscow, Yurist, 2002. 242 p. (In Russian)
  10. Honore T. Making Law Bind: Essays Legal and Philosophical. Oxford, Clarendon Press, 1987. 274 p.
  11. Ryzhenkov A.Ya., Chernomorets A.E. Teoriya prava sobstvennosti. (Istoriko-analiticheskii ocherk) [Theory of Property Rights. (Historical and Analytical Essay)]. Elista, Dzhangar, 2009. 863 p. (In Russian)
  12. Poyakova Yu. Security was pawned. Kommersant”, 2017, Nov. 24, no. 219.
  13. Romanova I.N. Specifics of property insurance contract. Nauchnye Trudy Moskovskogo Universiteta imeni S.Yu. Vitte, 2017, no. 4, pp. 88–98. (In Russian)

 

For citation: Iroshnikov D.V. Property security in the system of national security of the Russian Federation. Uchenye Zapiski Kazanskogo Universiteta. Seriya Gumanitarnye Nauki, 2018, vol. 160, no. 2, pp. 357–366. (In Russian)

 

The content is available under the license Creative Commons Attribution 4.0 License.