CERTAIN ISSUES REGARDING THE UNLAWFUL ACQUISITION OF OWNERSHIP RIGHTS TO FOUND PROPERTY

Abstract

This article analyzes the legal assessment of cases involving the unlawful acquisition of ownership rights to found property, namely items that have been forgotten or lost. The author notes that while such cases are regulated within the framework of the Civil Code under current Azerbaijani legislation, there remains a significant normative gap from both criminal and administrative legal perspectives. Citing international practices, the article emphasizes that legal systems such as those of Turkey, Germany, France, and the State of New York (USA) treat such behavior as criminally liable. According to the author, when a person who finds an item fails to return it to the rightful owner or inform the relevant authorities, this should not merely be considered unethical but legally punishable. The scientific novelty lies in the article's systematic distinction between the legal definitions of forgotten and lost property, and the proposal that these two cases be regulated under separate legal responsibility frameworks. In terms of practical significance, the article proposes the addition of new provisions to the Criminal Code and the Code of Administrative Offences of the Republic of Azerbaijan. It is emphasized that such legal amendments would help protect property, enhance civic
responsibility, and strengthen public trust in the legal system.