Obolonkova E.V. Confiscation and Nationalization: National Legislation and the Experience of Foreign Regulation (Republic of Kazakhstan Experience)

Abstract: The subject of research is the acquisition by the state of private property, and its specific types such as confiscation and nationalization. The author examines the regulation of these ways of withdrawal of property from a private owner in the Russian legislation and makes the conclusion about insufficiency of the rules governing these relations, which leads to problems in law enforcement. Meanwhile, the legislative experience of other states, namely the Republic of Kazakhstan (Law of the Republic of Kazakhstan "On State Property") suggests a way out of the situation. In the course of the research were used: method of system analysis and dialectical method; legal analysis; the method of comparative law; the analogy method; the logical method, historical method. On the basis of the analysis of current Russian legislation, literature, judicial practice and legislation of the Republic of Kazakhstan, the conclusion about the need to adopt special law on seizure of property from private persons and his transfer to state property, namely, requisition, expropriation and confiscation of property for the state needs was made. Possible structure and content of this law, which shall contain, in particular, protection of rights of the owner is sujested. Possible is also a separate law for each of these ways of acquisition of property rights by the state.

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