Featurest he right to joint ownership of territorial communities

Abstract

Certain features of the right to joint ownership of territorial communities fixed in the legal framework of Ukraine have been studied. An opinion is expressed regarding the existence of restrictions on the right of joint property of territorial communities as a type of communal property right.
 The author established that the legislative system of Ukraine has undergone at least three attempts to define the concept of joint property rights of territorial communities, which had a number of common and different approaches. Analysis conducted.
 The proposal regarding the expediency of introducing the possibility of applying the institutions of joint and joint partial ownership to the legal regime of property currently in the joint ownership of territorial communities, on behalf of and in the interests of which regional and district councils act, is supported, with the need for an in-depth and detailed analysis from the point of view of the consequences, for the relevant councils, as direct entities exercising the authority of the owner in relation to the relevant objects of communal property.
 The author noted that none of the previous attempts to determine the right of joint ownership of territorial communities was successful in regulating the mechanism for determining the shares of each of the territorial communities that is a co-owner of the property, which, as a result, makes it impossible to implement a number of powers that, according to the law, are conferred on such co-owners . It is noted that there is no declaration of any objective evaluation criteria for such a determination, taking into account the need to maintain a balance of interests of all territorial communities that are co-owners of such property.
 It is proposed to define such features of the right of joint ownership of territorial communities as a special administrative and management subject; the special status of objects belonging to the right of joint ownership of territorial communities; limited participation of individual territorial communities in the implementation of co-owner powers.