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Dolgopolova, L. M..
    Relevant issues of property rights protection in Ukraine [Text] / L. M. Dolgopolova, M. V. Us, S. O. Glotov // Journal of Advanced Research in Law and Economics. - 2020. - Vol. 11, Issue 4. - P. 1137-1144. - [Припинена індексація в Scopus 18.01.2024]
   Перевод заглавия: Актуальные вопросы защиты прав собственности в Украине

УДК

347.23

347.77/.78

ББК Х623.1 + Х623.3
РУБ DOI: https://doi.org/10.14505//jarle.v11.4(50).08

Аннотация: The issue of protecting property rights today is one of the most important, and depends both on the state and in on the owners of these rights. Despite the fact that Ukraine strives to join the European Union, its legal system is still far from international standards. For example, if the owner of property does not possess at least initial knowledge in the field of protecting his rights, then his property may be at risk, problems may emerge not only from authorities, but also from other owners, entrepreneurs or legal entities. Another issue that should be noted is intellectual property, the concept and regulation of which is necessary for the successful development of the state and its investment attractiveness. The main goal of this paper is to analyze the status of the issue of property rights protection in Ukraine and create a development strategy that can be an important component of a national security strategy. In the paper, along with questions of legislative support of citizens` property rights, considered legislative methods of increasing the potential of enterprises and the level of social protection of the population. Based on the experience of protecting property rights in the European Union, it is shown that the basis for legal protection should be economic feasibility, and not the political situation of the executive and legislative branches. As a result, measures were developed with the help of which the legislative framework and human rights activities should be improved to the level of the EU countries, where special attention is paid to human rights, and, therefore, the property. © 2020, by ASERS® Publishing. All rights reserved.

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Spasibo-Fateeva, I. .
    Legal regime of property of Ukrainian legal entities [Текст] / I. Spasibo-Fateeva // International Comparative Jurisprudence. - 2019. - Vol. 5, Iss. 1. - P. 56-71
   Перевод заглавия: Правовий режим майна юридичних осіб України

УДК	347.23(477)

РУБ DOI: 10.13165/j.icj.2019.05.007

Аннотация: This article examines the existing legal regime of property of legal entities under Ukrainian legislation. Various forms of legal right to property are analysed by the author: ownership, right of economic and operational management, right to use and other real rights and rights of obligation (rights in personam). Most existing titles are controversial, both from a theoretical and practical standpoint. From a theoretical standpoint, it is rather hard to distinguish these forms one from another and to point out their peculiarities. This is especially true about rights of economic and operational management, which were designed in the Soviet period for the purposes of the Soviet economy, but somehow remained in modern Ukrainian legislation. As existing case law shows, this leads to numerous legal disputes which reveal, in particular, the problems of liability of a legal entity and its property independence. The most notorious among these disputes are analysed in the paper, including the dispute between the Ukrainian state and Ukrainian trade unions regarding property transferred to them by the former USSR, the dispute between certain Ukrainian companies and the Russian Federation on property expropriated in Crimea. Based on the analysis, the author suggests certain solutions to existing problems. First, the author insists on recognizing legal entities as property owners. Second, the author proves that public companies need more detailed regulation and are to be provided a clear legal status. It is preferable to stipulate these issues in the Civil Code of Ukraine thus providing comprehensive regulation on all types of legal entities.

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Fedchyshyn, D. .
    Protecting the rights of foreigners to investment-attractive land plots in Ukraine [Електронний ресурс] / D. Fedchyshyn, I. Ignatenko, O. Bondar // Juridical Tribune - Tribuna Juridica. - 2019. - Vol. 9, Iss. 2. - P. 317-329. - References : p. 328-329
   Перевод заглавия: Защита прав иностранцев на инвестиционно-привлекательные земельные участки в Украине

УДК

347.235

ББК Х625.13

Аннотация: The normative legal acts that define the basic guarantees and which are based on protection of foreign investments in Ukraine are analyzed. The emphasis is on the special legal regime of economic activity in the special (free) economic zones, on the territory of which are implemented preferential customs, monetary, financial, tax and other conditions of economic activity of foreign legal entities and individuals. It is determined that industrial parks are one of the most common types of special economic zones. The procedure of acquiring ownership of land plots, which is planned to be used for creation and functioning of the industrial park and subjects of the special regime of management within the industrial park, is considered.

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Kurafieieva, I. .
    Construction of Real Estate with the Involvement of Individual Funds: The Ukrainian Experience [Електронний ресурс] / I. Kurafieieva, Y. Khodyko, T. Dudenko // ISVS e-journal. - 2023. - Vol. 10, Iss. 9. - P. 66-76. - References : p. 74-76
   Перевод заглавия: Будівництво нерухомості із залученням коштів фізичних осіб: український досвід

УДК	347.23(477)

РУБ DOI: 10.61275/ISVSej-2023-10-09-05

Аннотация: In the modern world, construction plays an important role, as the cities are developing leading to an increase in demand for housing and the construction of new real estate. The construction of residential real estate depends largely on attracting individuals’ funds to real estate construction. One of the important issues is raising funds from enterprises, organizations, and the state budget to develop various spheres of public life, including real estate. In this context, this paper examines the Ukrainian experience of real estate construction with the use of individuals’ funds. It analyses the features of various models used in financing real estate construction in general to identify the mechanisms for raising funds from individuals for the construction of real estate in Ukraine. It intends to identify the risks arising during the construction of real estate with the financial participation of individuals. The research employs a blend of qualitative and quantitative methodologies. Grounded primarily in documentary research, the study extensively scrutinized various primary and secondary sources, including regulatory documents, government publications, and market analyses. This ensured an in-depth grasp of both the historical evolution and present-day nuances of individual financing in the Ukrainian real estate sector. The findings reveal the regulations of raising funds from individuals for the construction of real estate. The paper concludes that individual funding for real estate in Ukraine offers significant potential for addressing housing needs and stimulating economic growth, yet is marked by legislative inconsistencies and investor vulnerabilities. Drawing from best practices, such as developer liability insurance, can bolster trust and efficacy in this financing mechanism. A refinement of legislative structures and enhanced protections for individual investors is essential for optimizing its potential.

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