On the Issue of the Application of Mandatory Methods of Protecting the Right of Ownership of Real Estate in Civil Circulation

The purpose of the research. The article deals with the problems of applying mandatory methods of protecting the ownership of real estate in the conditions of the existence of the principle of their priority. The essence, purpose and result of the application of compulsory claims in the protection of real estate rights are analyzed, doctrinal approaches to the definition of lawsuits of obligations, their correlation (competition) with property lawsuits are also considered. The purpose of the study is to establish and identify the features of mandatory claims, as well as the possibility of their application in certain cases, for example, in the case of the return of property to the lessor upon termination of the lease agreement. It is necessary to solve the problem of subordination of property and mandatory requirements, since there is a "deformation" of traditional property remedies in the Russian legal system. Results. As a result of the conducted research, the author comes to the conclusion, that despite the consolidation of the principle of the priority of the law of obligations, judicial practice requires the development of clear criteria that make it possible to distinguish between proprietary and binding methods of protecting property rights. In this regard, the author proposes to provide such criteria concerning the method of violation or challenge of the right, the nature of the violated right, the observance of the right to claim, the properties of the subject of the dispute. The author concludes that it is necessary to introduce the institution of ownership protection into Russian legislation, aimed at restoring the violated situation and not requiring a complex process of proving ownership of real estate.