ПРОДОВЖЕННЯ ДИСКУСІЇ НА ТЕМУ СПІВВІДНОШЕННЯ ВІДНОСИН ЕКСПРОПРІАЦІЇ ТА КУПІВЛІ-ПРОДАЖУ

Abstract

Purpose. The purpose of the article is ongoing discussion regarding the correlation between expropriation (namely – the purchase of private property objects for public use) and sales, expanding the arguments in favor of inexpediency of their identification and further determining the need to abandon the use of civil agreements in the expropriation procedure. Methods. The research methodology consists of general and special methods of scientific cognition, including historical and legal, comparative and legal, systematic and structural methods, deduction, induction, analysis, synthesis, etc. Results. The author, in the first part of the article, briefly studies the main arguments of scholars, which were put forward in the pre-revolutionary period to support and criticize the idea of defining expropriation as forced sales. The author formulates the preconditions for the use of civil agreements in the expropriation procedure and comes to the conclusion that there were no necessary conditions for settling redemption issues for public needs without private law instruments in pre-revolutionary times. In the second part of the article, the author lists the main differences between the relations of expropriation and sales, which are covered in the modern Ukrainian scientific literature, and supplements it with the own analysis of the differences between them. Conclusions. The analysis carried out in the article demonstrates that the relationships of redemption for public needs are not relationships of sales, and cannot be recognized as civil ones on the grounds that the expropriation procedure involves the conclusion of the purchase and sale agreement. The author pays attention to the fact that legal instruments that logically mediate the civil relations of sales – are not intended and should not be used in atypical situations. The author offers to consider the possibility of introducing a new instrument for Ukraine – an expropriation agreement – into legal circulation, which can correct the shortcomings of the current legislation.