Evolution of constitutional and legal regulation of property relations: from historical origins to contemporary challenges

The article examines certain aspects of the evolution of constitutional and legal regulation of property relations from historical origins to contemporary challenges. The transformation of property forms from tribal and collective to private is analyzed, as well as the search for optimal balance between different types of property in conditions of modern social development. Special attention is paid to studying the impact of the 2008 financial crisis on rethinking the role of state and market in regulating property relations, which refuted the dogma of universal effectiveness of purely market mechanisms without state intervention. The theoretical foundations of modern constitutional regulation of property are considered, particularly the concepts of W. Eucken and L. Duguit regarding the social function of private property. The critique of the laissez-faire principle and justification for the necessity of combining different forms of property to achieve social justice and comprehensive economic development are analyzed. The peculiarities of constitutional and legal consolidation of the obligatory nature of property in the Constitution of Ukraine and its correlation with civil society principles are examined. A comparative analysis of foreign experience in constitutional regulation of property relations is conducted using examples of constitutions of Spain, Italy, Poland, Greece, and Georgia. Special attention is paid to studying constitutional norms regulating the limits of nationalization and expropriation of property, as well as mechanisms of fair compensation. The tendency toward detailed constitutional regulation of limits of state intervention in property relations is identified, which becomes particularly relevant under contemporary challenges, including military conflicts. It is proven that modern constitutions strive to ensure balance between protection of private property and the state’s ability to realize public interests through establishing both rights and obligations of owners before society. The research results are important for understanding prospective directions for improving constitutional regulation of property relations in Ukraine in the context of European integration processes and martial law.