Possession as an independent legal category, creating conditions for the emergence and implementation of proprietary rights
This article provides an overview of the legal models of entrenchment of property category in the European legislation. The article contains analysis of the draft amendments to the civil code from the point of protection of property rights and their actual implementation. The evolution of the legal model of property rights in Russia, unlike other states, passed a little way and it is based on international experience. Currently, however, according to a large number of researchers, the current model does not reflects contemporary realities of subject-object and subject-subject relations. The development of law enforcement practice in terms of relations of property rights leads to a significant number of collisions concerning directly the rights of property, and the actual possession of the owner. The allocation of rights of ownership, and tenure rights, including in relation to the law for the granting of such rights to another person, is a subject of legal discourse, which affects the a priori foundations of law. Therefore, a study of the construct categories, that are included in the legal model of property rights, is highly significant. The analysis shows that the proposed changes reflect current enforcement practices aimed at the primary protection of the actual owner of the property. In addition to implementing the protection of property rights, innovations allow to solve a number of problems of modern law enforcement in relation to determining those responsible for committing damage, including community resources.