Rent control: a friend or foe

The article examines the issue of the specifics of the protection of property rights, the specifics of their application to objects. Article 13 of the Constitution of Ukraine declares that the fundamental principle of in the field of protection of property rights there is a provision that the state provides equal protection of all subjects of property rights. In recent years, the question of protection of property rights has gained important theoretical and practical importance. The analysis of modern judicial practice shows that there is no unified position of judicial bodies on the resolution of disputes related to the violation of property rights. Courts of general jurisdiction and commercial courts, when considering disputes related to the protection of violated rights, ambiguously apply the norms of current legislation, therefore, the uncertainty of judicial authorities in the matter of the uniform application of the provisions of civil law to disputes of this category leads to the violation of the constitutional rights of owners. It is emphasized that the protection of property rights is a complex of civil legal means, which are aimed, on the one hand, at ensuring the normal economic use of property and maintaining property rights in an intact state, and, on the other hand, at restoring violated property relations, overcoming obstacles to their normal functioning and compensation for damages caused to the owner. As a conclusion, it is said that the protection of property rights acts as an independent subjective right that arises at the moment when there is a threat of its violation or dispute. This right includes powers, each of which involves the active implementation of positive actions. In the field of legal relations related to the protection of property rights, the objects of protection are directly the rights to certain objects. It is these rights that can be violated by other persons, and it is for their protection that the civil law provides for various means that a person can use to protect his violated or disputed rights, which are subject to protection by the law of interests. Subjects of legal relations related to the protection of property rights are, on the one hand, persons who have property rights to a specific object, and persons who retain property in accordance with relevant contracts or laws, and who, accordingly to legal norms, have the right to demand protection of their violated subjective rights. On the other hand, these are persons whose actions led to the unlawful violation of subjective rights to property objects.

Contextualization: This article addresses the constitutional protection of property rights in Ge-orgia, both in its historical and modern contexts, while also analyzing the cultural peculiarities that influence property regulation rules. Key aspects include restrictions on agricultural land ownership by foreigners, violations of property rights and their respective protections, the order of property ac-quisition, and issues related to the disposal of property owned by children. Objective: The article aims to examine problematic issues related to the defense stan-dards for property owners and bona fide purchasers. Another critical point is the extent of state intervention in property rights, including the prohibition of mortgages and their impacts on the economic situation of the population. The research seeks to answer: How do Georgia's legal regulations balance property rights with public and economic interests? Method: A mixed-methodological approach was used, combining quantitative, quali-tative, historical, and general methods, as well as comparative analysis. In-ternational practices, local legislation, and judicial decisions were analyzed to contextualize property regulations and their practical applications. Results: The study reveals that, although the Constitution of Georgia protects proper-ty rights, legal regulations often weaken this protection. Frequent cases of fraudulent alienation, restrictions on agricultural land ownership by foreig-ners, and limitations on the disposal of children’s property highlight syste-mic weaknesses. Furthermore, the prohibition of mortgages, while imple-mented to protect citizens, has led to adverse economic consequences, poin-ting to the need for improvements in public policies and market regulation.

The objective of the article is to determine the economic and legal aspects of compensation for damages caused by the violation of the authors’ property rights in conformity with the national evaluation standards in the field of intellectual property, the legislation of Ukraine and its application. The subject of the study is the domestic experience of property reimbursement to authors in case of violation of their property rights to works. Methodology. The study is based on the analysis of Ukrainian legislation on ways to reimburse authors for property rights for works, including compensation for damages, and determination of their advantages and disadvantages. The peculiarity of three economic approaches – cost, comparative and profit, as well as their use in a certain situation for determination of the amount of damage inflicted to the author, is defined on the basis of economic analysis. The results of the study point out that the reimbursement of damages is the main way of property compensation for violation of property rights of the author. And in comparison with other methods, the reimbursement of real losses and lost profits is designed to a greater extent to protect the property interests of the author. It is concluded that over the weak development of the intellectual property market in Ukraine, commercial secret under contract terms in the field of intellectual property, a clear advantage is given to the profit approach. The approach, by means of various methods, will enable the most reasonable determination of the amount of damage. Practical implications. The development of reimbursement for the caused losses as a means to protect the property interests of authors in Ukraine demonstrates that the intellectual property market should be properly developed in line with European standards. This will allow authors to effectively use other methods of property compensation for violating property interests. In turn, this will allow choosing new methods of economic calculation of property compensation for a committed offense in the sphere of copyright. Originality. The comparative analysis of the ways of property compensation for the violation of authors’ property rights is the basis for domestic legislation development in the field of intellectual property in accordance with European standards.

CONTENTS I. Introduction II. Recent Developments III. The Takings Clause A. Fifth Amendment 1. Background Principles 2. Fractional Property B. Possessory Takings 1. General Rule 2. Rent Control C. Regulatory Takings 1. Economic Impact 2. Substantially Advancing Prong D. Unconstitutional Conditions 1. Discretionary Benefits and Relinquished Rights 2. Exactions 3. Individual Adjudicative Discretionary Actions E. Temporary vs Permanent Takings 1. Doctrinal Origins 2. Regulatory Delay IV. Due Process Clause A. The Theory of 1. Modern Standard for Confiscation 2. Particular Problems in Confiscation B. Preference for Takings Analysis V. Conclusion I. INTRODUCTION Housing is one of the necessities of life. (1) It also comprises a large share of most Americans' disposable income. Unlike other consumables, competition in supply and demand does not result in effective market restrictions on price. First, there is a limited supply of housing. The limit is both natural (there is a finite amount of land) and artificial (zoning restrictions limit housing supply). Second, consumers of rental housing do not have the same market power as do consumers of other goods. This is principally because substituting one product or brand for another, say at lease renewal time, exacts a high transaction cost--the considerable expense and inconvenience of relocating. Since rental housing is not fungible, each landlord is a demi-monopolist. (2) This is not meant as a pejorative, only to describe the owner's market power. The absence of a free market in rental housing (at least in an idealized sense) often leads to exploitation by housing providers. This is especially true in times of economic stress, when the nation's resources are devoted to more pressing needs (e.g., wartime), or during periods of high inflation and real estate speculation. It is during these times that government policy makers often consider restrictions on rent increases and other forms of tenant protection. (3) Of course, there are other means to overcome market inefficiencies in housing. Tax and cash subsidies can encourage housing production or assist with rent payments. Zoning incentives can do likewise. But federal and state governments are not as concerned with housing as they once were; the issue is currently perceived as one of local concern. As a result, municipalities are left holding the bag, so to speak, with a dwindling arsenal of regulatory means available to them in addressing housing shortages. Rent control is one of those still-remaining means. Rent controls were first enacted in the United States during World War I. Since then, the Supreme Court has considered the constitutionality of rent control at least a dozen times, upholding the challenged law on every occasion save one. (4) It is somewhat remarkable that even during periods of extraordinary judicial protection of property rights, rent control laws have nonetheless survived. This was true in the Lochner era, (5) as well as during the modern resurgence of property rights activism, at least at the Supreme Court. Despite long-standing judicial acceptance of rent regulation, the attack on rent control has been unrelenting. For some reason, rent control triggers greater emotional and ideological opposition than do most other forms of economic regulation. Virtually every constitutional theory has been tried. Most challenges are based on the takings and due process clauses, but the contracts clause (6) and even the first (7) and thirteenth amendments (8) and equal protection (9) have made their way into the opinions. Creative statutory claims have also been mounted, such as the argument that rent control is an illegal form of price fixing. …

Recently, the problem of soaring real estate prices in Korea has emerged as a public concern. As a result, the National Assembly revised the law related to real estate to pursue a change in the existing economic order. The constitution of our country adopts democracy and is based on the principles of national sovereignty and capitalism. These constitutional principles apply to all sectors of the state. The constitution stipulates that 'the economic order of Korea is based on respecting the economic freedom and creativity of individuals and companies.' In other words, the constitution explicitly states that it is based on the private property system and private autonomy. The Constitution and Civil Law also have specific rules for guaranteeing property rights. There are also restrictions on people's property rights and regulations on public use. However, if the people are divided due to the legislative action of the National Assembly, great confusion can occur nationally. Currently, Korea is conducting a post-mortem review of whether the legislation of the National Assembly is unconstitutional. Grana has not introduced a pre-screening system. Therefore, it is necessary to fully review the controversial revisions of the law. To this end, I would like to examine the legislative process and interpretation of the restrictions on property rights in Germany and France. In addition, it reviews decisions on property rights of the Constitutional Court of Korea. Through this, it is necessary to derive a clear criterion for infringement of property rights against laws related to property rights restrictions.

This article is the first comprehensive study of the conceptions of domestic privacy articulated by early sunnī Muslim jurists. Focusing on exegetical and legal sources composed between the seventh and thirteenth centuries CE, I argue, first, that Muslim scholars regarded privacy as a legal category. Second, I demonstrate that notions of privacy developed over time: most scholars living within the first two centuries AH associated privacy with property rights, granting legal protection to assertions of privacy only if violations of privacy entailed an infringement of property rights; by contrast, scholars from the ninth century onwards developed privacy into a separate legal category, protecting it even when no property rights were violated. Finally, I argue that most Muslim scholars adopted an instrumental approach to privacy, which they viewed not as an end unto itself but rather as a means to promote a viable society, to prevent their community from disintegrating, and, ultimately, to ensure the Islamic nature of Society.

This study presents theoretical and empirical analyses of the time allocation of entrepreneurs as a response to weak property rights protection. Using a nationwide random-sample survey of more than 3,000 entrepreneurs in over 100 cities in China, we find that entrepreneurs, responding to the violation of property rights, spend large proportions of their working time on lobbying activities to protect their businesses at a cost to management time. Moreover, the sensitivity of lobbying time to property rights protection is reduced if the entrepreneur is politically connected or if the firm is larger or older.

Rent-seeking is a non-productive activity and is formed mostly following government intervention in the economy. In rent-seeking activities, resources and efforts are spent on achieving a monopoly position, and instead of being provided with productive activities, it is spent on distributive struggles that in the long run change the structure of economic and social incentives and lead to heavy welfare losses and heavy social costs. Therefore, identifying the factors affecting Rent-seeking helps us to reduce it and achieve economic growth. Property rights is one of the influential institutional variable that effect on rent-seeking. Property rights affect the motivation of individuals and the use of resources and can encourage productive activities such as the accumulation of skills, the development of new products and the creation of production technology, or can lead people to addictive, corrupt and crime behaviors. In countries where private property rights are well defined and enforced, the legal rights of investors are protected and investors are more willing to invest in financial institutions and the financial market flourishes. But if property rights are not well defined and enforced, people's motivation is distorted, people turn to rent-seeking, and their motivation to participate in productive work is greatly reduced.Due to the importance of property rights in the formation of rent-seeking, in this study, this issue is examined in addition to the impact of other variables such as education , democracy, economic growth, militarization, inflation and oil rent on rent-seeking. For this purpose, two groups selected member countries of the Organization of the Petroleum Exporting Countries (OPEC) and the Organization for Economic Cooperation and Development (OECD) have been studied from 1996 to 2017. To achieve this goal, a panel data model has been used. First, with the Hadri-Rao test, which considers structural breaks, the stationarity of the data was investigated, pre-estimation tests were performed, and then due to cross-sectional dependency, variance heterogeneity and autocorrelation between the residual errors in each selected Organization of the Petroleum Exporting Countries (OPEC) countries and selected member countries of the Organization for Economic Co-operation and Development (OECD) are estimated by the Driscoll-Cray method. The results show that in both groups, democracy and property rights and economic growth have a significant negative impact, both inflation and militarization has a positive and significant effect on rent-seeking. Also in the selected member countries of the Organization for Economic Co-operation and Development, the rent-seeking decreases as the state of education improves. However, this variable has a significant and positive effect on the rent-seeking in oil-exporting countries. On the other hand, in oil-exporting countries, oil rent have a positive and significant effect on rent-seeking, when oil rent increase, people have less motivation to do productive work and they do more distributive activities.

Recent case law shows that vulnerable, previously disadvantaged private sector tenants are currently facing eviction orders – and consequential homelessness – on the basis that their leases have expired. In terms of the case law it is evident that once their leases have expired, these households do not have access to alternative accommodation. In terms of the Constitution, this group of marginalised tenants have a constitutional right of access to adequate housing and a right to occupy land with legally secure tenure. The purpose of this article is to critically analyse a number of legislative interventions, and specifically rent control, that were imposed in various jurisdictions in order to provide strengthened tenure protection for tenants. The rationale for this analysis is to determine whether the current South African landlord-tenant regime is able to provide adequate tenure protection for vulnerable tenants and therefore in the process of transforming in line with the Constitution. The legal construction of rent control was adopted in pre-1994 South Africa, England and New York City to provide substantive tenure protection for tenants during housing shortages. These statutory interventions in the different private rental markets were justified on the basis that there was a general need to protect tenants against exploitation by landlords. However, the justification for the persistent imposition of rent control in New York City is different since it protects a minority group of financially weak tenants against homelessness. The English landlord-tenant regime highlights the importance of a well-structured social sector that can provide secure, long-term housing options for low-income households who are struggling to access the private rental sector. Additionally, the English rental housing framework shows that if the social sector is functioning as a "safety net" for low-income households, the private sector would be able to uphold deregulation. In light of these comparisons and the fact that the South African social sector is not functioning optimally yet, the question is whether the South African private sector is able to provide the required level of tenure protection for struggling tenants. Recent case law shows that tenants are at liberty to lodge unfair practice complaints with the Rental Housing Tribunals on the basis that the landlords' ground for termination of the lease constitutes an unfair practice. The Court defined an unfair practice as a practice that unreasonably prejudices the tenants' rights or interests. This judicial development signifies some transformation in the private sector since it allows the Tribunals to scrutinise landlords' reasons for termination of tenancies in light of tenants' personal and socio-economic circumstances. The Tribunals are therefore empowered to weigh the interests of both parties and decide whether to confirm termination of the lease or set aside such termination. In light of this recent development, the Tribunals can provide strengthened tenure protection for destitute tenants on a case by case basis, which incorporates a flexible context-sensitive approach to the provision of secure housing rights in the landlord-tenant framework. This methodology is similar to the German approach. Even though this judicial development is welcomed, it raises some concerns with regard to landlords' property rights and specifically landlords' constitutional property rights since Tribunals are now at liberty to set aside contractually agreed grounds for termination of leases without any statutory guidance. The legislation fails to provide any information regarding legitimate grounds for termination, which might have to be rectified in future. The grounds listed in the rent control legislation should serve as a starting point to determine which grounds for termination of a lease should generally be upheld. However, German landlord-tenant law shows that a statutory ground for termination of a lease should not be imposed in an absolutist fashion but rather place a heavier burden on the tenant to prove why the lease should not come to an end.

In her path-breaking work, Elinor Ostrom provides theoretical and empirical evidence suggesting that individuals often overcome the problem of collective action and arrange privately for the provision and allocation of public goods, including informal property rights. Ostrom has also found that local experimentation and self-governance often produce more effective results than rulemaking by the state. In his Coase Theorem, Ronald Coase arrives at a somewhat similar conclusion. Ostrom and Coase both recognize that high transaction costs can block private rule making. The new literature on institutions, however, has jettisoned the model of a benevolent welfare maximizing state: The state does not as a rule assign the license to create property rights to those who are most likely to provide efficient solutions. Still, private individuals often find various opportunities to supply their own informal rules and governance systems. In this paper, I examine recent evolution of property rights in Iceland’s national health records. My findings a) support the hypothesis that the demand for exclusive and well-defined property rights depends directly on the value of the assets in question; b) show that de facto rights, which are the effective economic property rights, can deviate from the corresponding de jure rights; c) demonstrate the relevance of the Coase-Ostrom insight concerning the role of private ordering; and d) provide evidence that competition between mental models can have a major role in the evolution of property rights.

From the perspective of institutional analysis, this paper evaluates the place-remaking process of Niucheshui in Singapore. It is found that the redevelopment of Niucheshui since the 1960s has been substantively shaped by the property rights regime over land and buildings. As property rights are defined by the state in the forms of statutory land-use planning, compulsory land acquisition, rent control, land leasing, and conservation of historical buildings, the free market for land redevelopment is reined in heavily by the state. The built form of Niucheshui before 1960 was by and large the product of many private individuals' and communities' initiatives. Those players have faded from the scene since the 1960s, and the redevelopment of Niucheshui is the result of interactions between the state and market forces, though public participation is practised in the land-use planning process. In view of the urban land market behaving and performing within a framework defined by institutions, and property rights being one of the most important institutions, we argue that, not warranted by rhetoric public participation, pluralism and diversity in the built environment are protected by a diverse structure of land property rights which should be incorporated into the place-remaking process.

Although moral hazard is a well‐known economic concept, there is a long‐standing controversy over its moral implications. The language economists use to describe moral hazard is often value‐laden, and implies moral judgments about the persons or actions of economic agents. This in turn leads some to question whether it is actually a scientific concept, or simply a convenient tool for criticizing certain public policies. At present, there is no consensus about the moral meaning of moral hazard, or about whether the concept can be salvaged by economists. As a first step toward resolving this problem, I suggest a contracts approach to moral hazard. I use the ‘title‐transfer’ theory of contract to clarify the moral content of moral hazard, thereby increasing its value to scholars in numerous disciplines. A contracts view is useful for economic policy discussions because it does not include hidden value judgments. At the same time, however, it is also valuable for ethicists because it directly explains a moral dimension of behavior under moral hazard, namely, the violation of property rights.

Currently, the problem of violations of property rights involving the seizure of other people’s property and breaking into people’s homes with weapons is becoming more acute. Poor investigation of these cases causes a public outcry. Victims are the ones who have the best information about the incident, so it is important to study the prerequisites for interrogating the injured party. The research aims to build a structure of consistently logical, generalised questions for interrogating victims of robberies involving the use of weapons. The methods used are analytical, generalisation, analogy, and synthesis. The general, guiding questions for the interrogation of victims during the investigation of robberies involving weapons are formulated in the study. Such questions are formulated considering the victim’s condition after a robbery attack on a home using weapons, as well as the results of studying the peculiarities of committing these crimes, establishing, and summarising their circumstances. These aspects allow the investigator to obtain holistic, logically connected information about the crime to build a system of evidence. The general, orientation questions for interrogating victims during the investigation of robbery attacks on citizens’ homes with the use of weapons are systematised, divided into types, grouped and summarised, so that it is more convenient for investigators to study and use them during the investigation of such criminal offences for a more effective reproduction of the sequence and integrity of the event, as well as for obtaining complete and reliable testimony during the interrogation of the victim. The author identifies the consequences of using incorrectly formulated questions to the victim by the investigator during interrogation, and the danger of using questions which are not prepared for the relevant criminal offence is clarified. The practical value of the work lies in the fact that the results of scientific research will contribute to the improvement of interrogation of a victim of robbery with weapons

Problem setting. Land tax is currently one of the local taxes, that is, it goes to the appropriate local budgets. It should be emphasized that this payment is part of the property tax. Analysis of recent researches. A lot of scientists, in particular: M. P. Kucheryavenko, N.O. Khristova, T.M. Shulga, O.A. Yalbulganov and others are trying to cover some aspects of modern legal regulation of land taxation. Article's main body. The article is devoted to the study of the modern concept of land tax. The author considered Ukrainian legal regulation of land taxation with a wide range of taxpayers and the Swedish experience with the mass valuation of land plots, the method of obtaining estimates of market value indicators of a group of homogeneous objects using statistical processing of real market information. A thorough description of the land tax by its key elements has been made. The land tax rate is currently significantly different depending on whether or not a statutory monetary assessment of the land concerned has been made. The author made proposals for land reform in the context of taxation. Conclusions and prospects for the development. Therefore, nowadays the legal mechanism of the land tax needs improvement. It is necessary to establish at the legislative level a system of land valuation by objective criteria, to revise the existing approach to the determination of tax breaks for business entities engaged in agriculture. In addition, issues related to the established moratorium on the sale of land in Ukraine are becoming more and more urgent because, in addition to objective arguments, facts and public opinion, there is a decision of the European Court of Human Rights, which emphasizes the violation of property rights of persons during the actions of the moratorium. Attention to this issue by the European Court of Human Rights is an important signal for action for Ukraine because Ukraine is obliged to comply with the decision of this court. In addition, the experience of EU countries should be taken into account. Yes, there is a moratorium on the land market in Europe only in Belarus and Ukraine. In the pursuit of European standards, we consider it necessary to lift the moratorium on land sales in Ukraine. However, it should be borne in mind that in order to attract foreign investment for agricultural development without the sale of land, there is a need to develop an appropriate effective mechanism.

Nations around the world utilize government interventions to promote the availability and affordability of housing. This Article focuses on various types of government regulatory interventions, such as rent controls, building dedications and exactions, and density and growth controls on housing. These interventions are common in the United States and in other countries and may contribute to inefficient resource allocation and poor housing outcomes. This Article examines whether these types of government interventions may require, in particular cases in the United States, judicially required compensatory damages for affected property owners. The social costs of these forms of government intervention are examined from the perspective of the benefits accruing from a regime of property rights protection. This Article further explains that there is some existing precedent under international human rights norms, as illustrated by the Hutten-Czapska v. Polandi decision, for the standards used in the United States for protecting the property rights of owners and developers of housing from excessive and unwise government regulation.