ON THE MOMENT OF EMERGENCE OF THE OWNERSHIP RIGHT DUE TO ADVERSE POSSESSION UNDER THE LAW OF KYRGYZ REPUBLIC
One of the problems still considered to be outstanding to date is defining the moment of acquiring the ownership right by the adverse possessor and correlating this moment with the procedure of deprivation of the legal owner title, the procedure which does not correspond to constitutional settings under the present existing legal regulation. On the basis of the analysis method the author has defined a lawmaking (constitutive) character of court decisions on adverse possession which along with the state registration are also considered to perform a lawmaking function being elements of juridical formula in the course of acquisition of the right of ownership. The article also offers the author's own set of actions aimed at harmonizing the institute of adverse possession. In particular it provides for making changes in both substantive law rules (the Civil Code of Kyrgyz Republic, legislation on immovable property registration) as well as to procedural legislation.