Chapter 15. Termination of property rights.
Article 235. Grounds for termination of ownership.
1. The right of ownership shall be terminated when the owner alienates his property to other persons, the owner refuses to own the property, destroys or destroys the property and if the property right to the property is lost in other cases provided by law.
2. Forced seizure of property by the owner is not allowed, except for cases when, on the grounds provided by law, the following are carried out:
1) foreclosure of property for obligations (Article 237);
2) the alienation of property that, by virtue of the law, cannot belong to this person (Article 238);
3) the alienation of immovable property in connection with the seizure of a plot (Article 239);
4) the redemption of culturally valuable cultural property, domestic animals (Articles 240 and 241);
5) requisition (Article 242);
6) confiscation (Article 243);
7) alienation of property in the cases provided for by paragraph 4 of Article 252, paragraph 2 of Article 272, Articles 282, 285, 293 of this Code.
According to the decision of the owner in the manner prescribed by the laws on privatization, property in state or municipal ownership is alienated into the ownership of citizens and legal entities.
The conversion of property owned by citizens and legal entities (nationalization) into state ownership is made on the basis of a law with reimbursement of the value of this property and other damages in the manner established by Article 306 of this Code.
Article 236. Waiver of property rights.
A citizen or a legal entity may relinquish the ownership of the property belonging to him, declaring this, or taking other actions that specifically indicate its removal from the possession, use and disposal of the property without intending to retain any rights to this property.
The refusal of the right of ownership does not entail the termination of the rights and obligations of the owner with respect to the relevant property until the other person acquires the right of ownership to it.
Article 237. Levy of execution on property for the obligations of the owner.
1. The seizure of property by foreclosure on it for the obligations of the owner is made on the basis of a court decision, unless a different procedure for foreclosure is provided by law or contract.
2. The right of ownership to the property on which the penalty is levied shall cease from the owner from the moment of the occurrence of the right of ownership to the seized property from the person to whom this property passes.
Article 238. Termination of the right of ownership of a person to property that cannot belong to him.
1. If, on the grounds allowed by law, the property turned out to be property that, by virtue of the law, cannot belong to him, this property must be alienated by the owner within a year from the moment the ownership of the property arises, unless a different period is established by law.
2. In cases where the property is not alienated by the owner within the time specified in paragraph 1 of this article, such property, taking into account its nature and purpose, by a court decision issued at the request of a state or local government body, is subject to compulsory sale with transfer to the former the owner of the proceeds or transfer to state or municipal property with compensation to the former owner of the value of the property determined by the court. In this case, the costs of alienation of property are deducted.
3. If, on the grounds allowed by law, the property of a citizen or a legal entity turns out to be a thing, the acquisition of which requires a special permit, and is refused to be issued to the owner, this thing is subject to alienation in the manner prescribed for property that cannot be owned by that owner.
Article 239. Alienation of immovable property in connection with the seizure of the land on which it is located.
1. In cases when the withdrawal of a land plot for state or municipal needs or in view of the inappropriate use of land is impossible without the termination of the ownership of buildings, structures or other immovable property located on this plot, this property may be withdrawn from the owner by the state buying back or selling from public auction in accordance with the procedure provided for, respectively, Articles 279 - 282 and 284 - 286 of this Code.
The claim on seizure of immovable property is not subject to satisfaction unless the state body or local self-government body that has filed a claim with the court proves that using the land plot for the purposes for which it is withdrawn is impossible without termination of the right of ownership of the immovable property.
2. The rules of this Article shall apply accordingly when termination of the right of ownership of immovable property in connection with the withdrawal of mining allotments, water areas and other areas on which the property is located.
Article 240. The redemption of the cultural content of the mismanaged.
In cases where the owner of cultural property classified in accordance with the law as particularly valuable and protected by the state, contains these values without any risk, which threatens to lose their value, such values can be withdrawn from the owner by the state by means of redemption or sale from public auction. .
When buying cultural property, the owner is reimbursed their value in the amount established by agreement of the parties, and in case of a dispute - by the court. When selling from public auction, the amount received from the sale is transferred to the owner minus the cost of the auction.
Article 241. Redemption of domestic animals in the improper treatment of them.
In cases when the pet owner treats them in clear contradiction with the rules established by the law and the norms of humane treatment of animals accepted in society, these animals can be taken from the owner by their redemption by the person who made the relevant claim in court. The redemption price is determined by agreement of the parties, and in the case of a dispute - by the court.
Article 242. Requisition.
1. In cases of natural disasters, accidents, epidemics, epizootics and under other circumstances of extraordinary nature, the property in the public interest may be withdrawn from the owner in the manner and under the conditions established by law, with payment of the property value (requisition ).
2. An assessment according to which the value of the requisitioned property is reimbursed to the owner may be challenged by him in court.
3. A person whose property has been requisitioned shall have the right, upon termination of the action of circumstances in connection with which the requisition is made, to demand the return of the remaining property to him by the court.
Article 243. Confiscation.
1. In cases stipulated by law, property may be withdrawn from the owner without compensation by a court decision in the form of a sanction for committing a crime or other offense (confiscation).
2. In cases provided by law, confiscation may be carried out in an administrative procedure. An administrative confiscation decision on confiscation may be appealed to a court.
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