Alien Property Research Articles

On some issues of evaluation of information reflected in income certificates by state (municipal) employees in Russia

The subject of the study is theoretical and practical problems that arise in the activities of personnel departments during supervisory inspections carried out by employees of the prosecutor's office when evaluating information provided on income, expenses and property obligations. The norms of federal legislation establish this obligation and define the categories of persons to whom it applies. When conducting inspections of the provided income certificates, as well as in cases provided for by law and expenses, specialists of personnel departments, as well as prosecutors, in accordance with their existing powers, study the data in order to identify violations of anti-corruption legislation. The result may be the establishment of violations related to the failure to provide false or incomplete information, which leads to the need to establish the form of guilt and intent and resolve the issue of bringing the perpetrators to justice. The main method is the universal (dialectical) method of cognition of social phenomena and processes, which allows them to be considered in constant development and interrelation. General scientific methods such as system and structural-functional analysis are used. The specifics of the research subject determined the choice and use of special legal methods of cognition, such as formal legal and comparative legal methods. As a result of the conducted research, the author concludes that it is necessary to develop and apply clear methods and criteria for evaluating the actions of a state (municipal) employee to provide information on income and expenses. It is also concluded that it is necessary to apply the basic principles of the Civil Code of the Russian Federation on good faith, reasonableness and legality to understanding the actions of a state (municipal) employee in situations of acquisition or alienation of property by him, his spouse or other related persons, as well as when assessing the situation as an intentionally committed act that directly contradicts the requirements of anti-corruption legislation. The author has developed some recommendations that can be applied in practice, including during the implementation of procedures for controlling the expenses of a state (municipal) employee.

Peculiarities of the institution of property alienation contracts in the Anglo-American legal system

The article examines topical issues of the institution of property alienation contracts in the Anglo-American legal system. Peculiarities of the civil law contract in the countries of the Anglo-American legal system are determined. Definitions of «civil legal system» and «alienation of property» are provided. The legal aspects of concluding contracts regarding the alienation of property are analyzed, in particular the form and conditions of concluding such contracts, as well as the peculiarities of legal regulation of the definition of the subject of contracts regarding the alienation of property. The stage of conclusion of contracts on the alienation of property in the countries of the Anglo-American legal system is studied. Attention is focused on the fact that a distinctive feature of the development of the institution of contractual relations in the countries of the Anglo- American legal system is that, firstly, it took place under the significant influence of judicial practice; secondly, found its consolidation in the norms of common law. However, regarding certain types of property alienation contracts, it is worth noting that they are regulated by the norms of special legislative acts. It has been analyzed that, in practice, the relations of the parties concluding a contract of alienation of property are largely regulated not by legal norms that make up positive law, but by the norms of their own «contractual law» created by the parties, that is, by the terms of the contract they have. The content of specific property alienation contracts in this way is determined not so much by the satisfaction of the mutual interests of the counterparties, but by the capabilities and wishes of the economically stronger partner and the necessity dictated by the specific situation of the weaker party to the agreement. It was concluded that the regulation of the institution of property alienation contracts in the countries of the Anglo-American legal system has its own characteristics. In particular, in England, it is possible to note the increased activity of the parliament in the field of regulating civil relations, which is manifested in particular in the adoption of new and amendments to already existing laws, which are voluminous in their content, as a result of which in practice they are even called codified.

Sovereignty or State Responsibility? Expropriation and the Right to Regulate in International Law on Foreign Investment

A state is entitled to be bound by investment agreements, including expropriating alien property on its territory. In international law, both represent the state’s sovereign principle within the boundaries of territorial integrity. Expropriation and the right to regulate are usually included in investment agreements as part of the substantive rules. This study uses a normative juridical approach. This approach is carried out by examining the library materials, which are secondary data; especially the principles and norms of law. While the aim of this research is to examine the legal aspects of several key concepts within the international investment law regime—the right to regulate and expropriation, both in terms of its regulation and implementation, in order to find best practices. Expropriation and the right to regulate are essentially like two sides of the same coin. This is because lawful expropriation implies state obligations (compensation), whereas unlawful expropriation implies state responsibilities (restitution or reparations). Meanwhile, the right to regulate (police powers), which is based on the concept of state sovereignty, does not. Lawful expropriation is defined as the state measures carried out with the due process of law, in a non-discriminatory manner, for the purpose of the public interest and is accompanied by the payment of compensation. In terms of expropriation, the right to regulate can be regarded as a form of lawful expropriation that does not necessitate compensation.
 Keywords: international investment law, expropriation, the right to regulate

Features of Legal Regulation of the Certain Types of Inheritance Agreements

Introduction. In the Inheritance Law doctrine much attention is paid to the Inheritance Agreement construct as a universal tool for planning the inheritance procedure. However, the content of the Inheritance Agreement depends on the purpose of the agreement. In the present article, the features of each type of the Inheritance Agreement are defined. The aim of the study is to determine the legal regulatory specifics of the relationships being the subject of different types of the Inheritance Agreements and justify the need to apply a particular method of defending the interests of the Parties thereto.Materials and Methods. The social relationships arising from entering, executing and terminating the certain types of the Inheritance Agreements are the object of the present study. The methodological basis of the research includes the general scientific methods: formal-logical analysis, structural-functional and induction methods. From among the specific scientific methods, the legalistic and comparative-legal methods have been used.Results. Based on the purpose of the Inheritance Agreement, five types of this legal construct have been distinguished: the Inheritance Agreement designated for a testator to receive income during his lifetime from the after death descent of inheritance; the one used for financing the implementation of the important testator’s interests after his death; the agreement concluded to encourage the heir’s certain behavior before and (or) after testator’s death, including management of a testator's property; the Inheritance Agreement protecting the will of a testator from being contested by heirs; the Matrimonial Inheritance Agreement. Each type has the features of legal regulation expressed in the ways of defending the rights and interests of the parties to the agreement.Discussion and Conclusions. The analysis of the implementation efficiency of the considered types of the Inheritance Agreements in terms of achieving their Parties’ goals, allowed formulating the following conclusions. For ensuring fulfillment of a testator’s will after his death, it is necessary to allow keeping the record of the inheritance acquiring conditions during the period established for the accession to the heirship. To strengthen protection of a testator’s counterparty in the compensatory contracts, it is necessary to allow encumbering the future inheritance with pledge; impose on a testator the obligation to inform a heir about the alienation of property, being an object of an agreement and reimburse him the incurred expenses; recognise the right of a heir for reimbursement of all the losses incurred due to relying on a testator’s promise to transfer to him the property after death.

Sphoța Theory of Knowing and Its Implications for Higher Education

The article’s central theme is that knowing cannot be equated with knowledge because knowing is an innate process and knowledge is a product. Knowing as an intuitive process is an inalienable experience, whereas knowledge is an alienable property. Knowledge is a discursive construct of human political economy, whereas knowing is the very character of existence. Knowing arises as we interact. It involves awareness, understanding and the experience of intelligence. Knowledge, on the other hand, is a commercial product of the class-ridden world. The argument has its implication for higher education, that is, higher education should primarily focus on nourishing the knowing quotient without being lost in knowledge production. The article traverses various realms of knowing, such as knowing subjects, learning beings, ontologies and epistemologies of knowledge and knowing, as they glimmered from the ancient to the modern both in the east and the west. Towards the end of the article, the arguments culminate with the philosophical narratives of an Indian philosopher Bhartṛhari, especially his sphoța theory, known as sphoța sidhantham.

Characterization and Diversity of Klebsiella pneumoniae Prophages.

Klebsiella pneumoniae is a common human commensal and opportunistic pathogen. In recent years, the clinical isolation and resistance rates of K. pneumoniae have shown a yearly increase, leading to a special interest in mobile genetic elements. Prophages are a representative class of mobile genetic elements that can carry host-friendly genes, transfer horizontally between strains, and coevolve with the host's genome. In this study, we identified 15,946 prophages from the genomes of 1437 fully assembled K. pneumoniae deposited in the NCBI database, with 9755 prophages on chromosomes and 6191 prophages on plasmids. We found prophages to be notably diverse and widely disseminated in the K. pneumoniae genomes. The K. pneumoniae prophages encoded multiple putative virulence factors and antibiotic resistance genes. The comparison of strain types with prophage types suggests that the two may be related. The differences in GC content between the same type of prophages and the genomic region in which they were located indicates the alien properties of the prophages. The overall distribution of GC content suggests that prophages integrated on chromosomes and plasmids may have different evolutionary characteristics. These results suggest a high prevalence of prophages in the K. pneumoniae genome and highlight the effect of prophages on strain characterization.

ACCOUNTING, REGULATORY AND LEGAL ASPECTS OF CHARITABLE DONATIONS BY BUSINESS ENTITIES FOR THE ARMED FORCES OF UKRAINE

In the article, a study of the regulatory and legal support of the activities of charitable organizations and support by business entities of the Armed Forces of Ukraine is carried out. Problematic aspects of accounting and taxation of charitable assistance provided by business entities for the needs of the army are presented and the relevance of solving this methodological issue is substantiated. In particular, it is determined that different terms are used in legislation and scientific literature to describe charity. Forms and types of charitable activity in Ukraine were studied. Attempts have been made to distinguish between these concepts. The forms of charity (volunteer, humanitarian, philanthropic) are characterized and the types (charitable donation, charitable grants, public collection of charitable donations, charitable servitudes and charitable endowments) and methods of their giving are substantiated. The characteristic features of charitable assistance are determined: voluntary, selfless, purposeful. The need to regulate certain provisions and define terms in the field of charitable activities was confirmed, and amendments to the current legislation were proposed. The rating of charity in Ukraine was studied and the distribution of costs by spheres of its provision was presented. It was found that according to Ukrainian legislation, charitable assistance to the army is provided in the form of charitable donations and can be provided both in cash and in kind, in particular from charitable organizations, legal entities and individuals, and territorial communities. It has been proven that properly organized accounting of charitable donations will ensure the control of the intended use of the donated property and reduce abuses in this area, as well as affect the possibility of applying tax benefits in the terms of payment of value added tax, excise duty and income tax. The procedure for documenting charitable donations for the benefit of the army and the need to form an Act of acceptance and transfer of humanitarian (charitable) aid are substantiated. The changes made to the Tax Code of Ukraine regarding the taxation of charitable aid given to the army were considered. Taking into account the specifics of the research, a method of accounting for charitable assistance for various options for its provision (voluntary transfer or alienation of property) is proposed.

Drawing boundaries of police powers doctrine: a balanced framework for investors and states

Abstract The expropriation of alien property should be subject to compensation as a customary international law rule. Known as the host state’s ‘right to regulate’ or ‘police powers’, there is an ongoing debate on whether there can be non-compensable regulatory takings to uphold ‘essential’ public interests, such as public health. The existence or extent of this doctrine is still unclear, especially when the applicable investment treaty does not specifically address this principle. This article seeks to present a possible legal framework in this regard and defend the general legitimacy of the police powers doctrine even when the applicable treaty does not provide an express provision, though when applied in limited conditions. Therefore, the article defends a mitigated police powers doctrine which seeks to offer a balanced framework upholding the essential public interests and conforming to the core principles of international investment law.

Bonds of Empire: The English Origins of Slave Law in South Carolina and British Plantation America, 1660–1783 by Lee B. Wilson

Reviewed by: Bonds of Empire: The English Origins of Slave Law in South Carolina and British Plantation America, 1660–1783 by Lee B. Wilson Justin Roberts Bonds of Empire: The English Origins of Slave Law in South Carolina and British Plantation America, 1660–1783. By Lee B. Wilson. Cambridge Historical Studies in American Law and Society. Cambridge: Cambridge University Press, 2021. 288 pages. Cloth, ebook. The preamble to the first comprehensive English slave code—passed in Barbados in 1661—justified the creation of this set of laws by arguing that in all of the "Lawes of England" there was "noe tract to guide us where to walke, nor any rule sett us, how to governe such Slaves."1 This would suggest, as some colonial American historians have surmised, that slavery constituted a radical departure from English legal traditions. Lee B. Wilson's Bonds of Empire offers a counterpoint. By looking at a more comprehensive set of legal practices undergirding slavery in the British Atlantic, Wilson is able to stress the continuity of English legal systems in the development of colonial slave law. She argues that colonial slave law was not "a legal aberration" (3) or "beyond the pale of English imperial legal history" (5); rather, it "was a natural extension" of the English "legal system" (10). Bonds of Empire is nominally about slave law in South Carolina, but it is really much broader and more ambitious because Wilson extends her analysis to the Caribbean colonies—particularly Jamaica—and to the maritime world. Her book follows a loose chronological trajectory from the late seventeenth century through the end of the eighteenth century. The chapters trace that arc while remaining thematically organized around the concepts embedded in private law sources such as the conditional bonds used to transfer enslaved property, the records of the Vice-Admiralty Courts, and the records of the Board of Police, which governed Charleston during the American Revolution. Wilson relies on her legal training to shed light on how these records, which most scholars have overlooked, illuminate practices related to slavery. By focusing on such sources, Wilson offers a deeper appreciation of the ways in which English law buttressed the colonists' "commercial need to treat slaves as things" (261). Bonds of Empire clearly demonstrates that the prescriptive slave codes that have drawn so much attention from slavery historians were only a narrow subset of a far more expansive body of slave law. "Bloody and punitive," the slave codes addressed the slaves as potential criminal actors in need of social control, and they focused on "stripping enslaved people of the rights" (10) of freeborn English people. The "viscerally shocking" nature of these [End Page 491] slave codes has led some historians to emphasize that their creation signals "colonial legal deviance" (39). Wilson, by contrast, turns most of her attention to "the 'private' law of slavery—embodied in quotidian transactions and routine litigation" (39). These are sources that generally depict slaves as little more than commodities. Wilson maintains that by conceptualizing slaves as chattel and making them analogous "to ships, cows, or horses" (13), enslavers were able to draw directly from traditional English legal practices and "slot slaves into extant legal procedures and forms" (17), especially instruments of English property transfer such as "preprinted bills of sale, mortgages, trusts, and conditional bonds" (13). By relying on conventional English legal practices, she argues, colonial enslavers normalized the institution of slavery, insulating it from "moral critiques" (5). This continuity in "improvisational" (10) English legal practices and traditions made colonial British slavery resilient in the face of moral criticism and adaptable to change. Ultimately, Wilson argues that the status of the enslaved as property encouraged the "replication" of long-standing English legal practices in private law, which simultaneously bolstered the institution of slavery and "contributed directly to the dehumanization of enslaved people" (21). By privileging legal sources more concerned with enslaved people as alienable property than as potential criminal actors in need of social control, Wilson reinforces the idea that this chattel principle—the idea that a person could be bought and sold—was at the essence of Anglo-American slavery. She argues that "historians have long understood that transforming people...

Some issues of legal regulation of requisition in Ukraine

Property rights in Ukraine are guaranteed both at the level of the Constitution of Ukraine and at the level of many other legislative acts. Proper legal regulation of this legal institution has become the key to the economic development of our state and the preservation of its potential. The Civil Code of Ukraine, as the main act of the civil legislation, has paid the special attention to the regulation of property relations. At the same time, both the grounds for acquiring the right of ownership and its termination are the subject to effective settlement in the conditions of European integration processes, and in the modern period the issues of requisition has become especially relevant.
 Requisition is a way to terminate the ownership of property (including land) in case of natural disasters, accidents, epidemics, epizootics, martial law or state of emergency and other emergencies for reasons of public necessity and is both a way of creating the exclusive right of state property. The legislation of Ukraine also has defined the compulsory alienation of property and confiscation of property: compulsory alienation of property – is the deprivation of the owner of the right to individually determined property in private or communal ownership and which becomes state property for use in martial law or state of emergency previous or subsequent full reimbursement of its value; confiscation of property – is the deprivation of state enterprises, state economic associations of the right of economic management or operational management of individually determined state property for the purpose of its transfer for the needs of the state under the legal regime of martial law or state of emergency. By their purpose, all the procedures described above mediate a common goal – the provision of property for the needs of the state under the legal regime of martial law, state of emergency or other extraordinary circumstances.

НОВІ МОЖЛИВОСТІ ЕКОНОМІЧНОГО РОЗВИТКУ УЗБЕКИСТАНУ

To implement the goals of the dynamic development of the domestic economy of Uzbekistan declared by the country's leadership in the context of significant foreign policy and internal economic contradictions, it is necessary that both the goals and objectives of the socio-economic policy of the Republic of Uzbekistan correspond to the existing relations of appropriation and alienation of property both within the country and in relation to other economies. The purpose of the article is to explore the prospects for new opportunities for the economic development of Uzbekistan. The object of the research is the opportunities and incentives for the economic development of Uzbekistan. Research methods. The theoretical basis for the research was the works of scientists on the issues of cooperative-integration relations in the agro-industrial complex. In the process of research, the following methods were used: abstract-logical, monographic, comparative analysis, etc. Research hypothesis. Understanding property relations as, first of all, constantly changing social relations. Presentation of the main material. The transformation of property relations occurs not only and not so much under the influence of external factors, but also primarily as a result of the implementation of an immanent internal logic emanating from the historical dynamics of development. Originality and practical value. The scientific novelty of the research lies in the development of theoretical and scientific-methodological approaches to solving the ecological and economic problems of the region's development. Conclusions and prospects for further research. Overcoming the identified negative trends in the socio-economic situation in the country is possible through the use of mechanisms for improving property relations, including limiting the use of property rights of the state by the bureaucracy; use of a wide range of mechanisms to protect property rights.

Expropriation of undeveloped land of communal property, which is leased. Some aspects

The issue related to the peculiarities of the legal regime of the leased property is considered. We are talking about the possibility of selling communal land plots outside of land auctions, which by law must be carried out by local governments in the case of alienation of land plots free of development to individuals or legal entities.
 This article analyzes the provisions of national legislation such as the Civil Code of Ukraine, the Law of Ukraine "On Land Lease", provides examples of case law of the Supreme Court of Ukraine and the decisions of the Constitutional Court, which regulates this issue.
 In disclosing the provisions of the article, the author pays considerable attention to the term the preemptive right of the tenant, what it is and how it relates to the concept of redemption of land from public auction (land auction).
 The author analyzes in detail the provisions of the Law of Ukraine "On Land Lease", in particular, much attention is paid to the disclosure of the content of articles that directly allow the exercise of the preemptive right to purchase land leased. Thus, a tenant who, in accordance with the law, may own a leased land plot, has a preemptive right to acquire it in the case of sale of this land plot, provided that he pays the price at which it is sold, and in the case of sale at auction - if his bid is equal to the bid that is the largest of the bids offered by the auction participants.
 No less important in this context are the provisions of the Civil Code of Ukraine, which are characterized in this article and reveal the identical meaning of the concepts, which is reflected in the special law on land lease and in Art. 777 of the CCU, on the preemptive right of the lessee to repurchase the thing that he rented. Distinctive are the provisions of civil law, which are also analyzed by the author in this paper, on the identification of things in civil circulation, and which of them may be the subject of land auctions, taking into account Art. 777 CCU. Yes, it is stated that a thing is an object of the material world, in respect of which civil rights and obligations may arise. Immovable property (real estate, real estate) includes land plots and objects located on it, the movement of which is impossible without their depreciation.
 No less necessary in law enforcement is the practice of national courts, which essentially confirms the provisions of Art. 9 of the Law on Land Lease and indicates the possible consequences of overcoming the legal conflict in the application of the Land Code of Ukraine, which prohibits the sale of undeveloped land of communal property outside the land auctions. No less significant is the case law of the European Court of Human Rights, which is cited in this article. According to its content, in order to maintain social justice in society as a component of the public interest, the national legislator may allow the protection of the interests of property tenants by imposing restrictions on the right of its owners to determine the terms of sale of leased property.
 An important circumstance is the avoidance of litigation to challenge the procedure and the outcome of land auctions. In essence, land auctions are a transaction. Thus, given that the alienation of property from public auction refers to purchase and sale agreements, such an agreement may be declared invalid on the basis of civil law on the invalidity of the transaction (Articles 203, 215 of the Civil Code of Ukraine). And invalidating the results of the land auction will not give the tenant effective protection of his preemptive right to repurchase the leased land, but will only continue his efforts to do so. As the author of this article rightly points out.

Peculiarities of legal regulation of compulsory termination of land ownership in the conditions of the legal regime of martial law in Ukraine

The purpose of the study is to analyze the principles of land law regulation and the legal framework for the forced termination of private ownership of land and the acquisition of state ownership of land under martial law. The following scientific tasks are solved in the article: the content of some grounds for termination of private ownership of land plots, which are the grounds for state acquisition of land ownership under the legal regime of martial law; the procedure of compulsory alienation and seizure of land plots under martial law is analyzed, gaps in the current legislation are identified and ways of settling legal conflicts are proposed. The elaboration of the topic is based on the provisions of the general theory of land and civil law, where, taking into account the latest advances in science, conceptual recommendations are provided for building a legal structure of forced termination of land ownership. The research was conducted on the basis of an analysis of the provisions of Ukrainian civil and land legislation, measures of forced alienation and seizure of land. The article provides coverage of current issues and legislative features of the termination of private ownership of land and the acquisition of state rights of landowners under martial law. The existence of the procedure of forced alienation of property, the procedure of forced seizure of property in favor of the state, different in form, content and mechanism in the legal regulation, is explained. The forcible termination of the right of private ownership of land under martial law entails the acquisition by the state of the rights of the owner. Compulsory alienation of land must follow the advance payment of alienation; the procedure for withdrawing land for the needs of the state may provide for the following reimbursement. Proposed ways to resolve legal conflicts by systematizing the grounds for state acquisition of property rights in martial law and filling gaps in legislation, by developing a separate mechanism that regulates the procedure of forced expropriation of land in martial law, decisions to determine the list of land, for which forced expropriation or seizure of land may be applied.

The process of national identity formation in independent Ukraine

The process of national identity formation in independent Ukraine has been studied. Based on the analysis of the results of sociological research, the state, problems and prospects of the formation of Ukrainian national identity have been revealed. It has been found that at the time of the declaration of independence, Ukraine was characterized by a blurred national identity, where regional identities predominated, when the West of Ukraine focused on the European Union, and its East and South parts focused on Russia. The results of the sociological research revealed positive dynamics in the formation of Ukrainian national identity in the conditions of independent Ukraine, as it is civic identity that has become a priority for the citizens of Ukraine over other group identities. At the same time, the shortcomings of the liberal approach to the formation of national identity, which emphasizes human rights, ignoring the problems of blurred Ukrainian national identity, incomplete nation-building processes in Ukraine and the collective rights of Ukrainians as the titular nation, are proved. This led to the deepening of divisions and fragmentation of Ukrainian society, the alienation of property and power by the broad masses of people. Russia took advantage of this by unleashing a "hybrid war" against Ukraine and annexing Crimea and part of the Donbas. However, the modern political elite has not drawn proper conclusions, and as the results of recent sociological studies show, it continues to pursue politics, ignoring the Ukrainian national interests and expectations of its own people. The priority of national integration and ensuring the national unity of Ukraine has been justified, while maintaining the priority of European integration in relation to other areas of foreign policy orientation and international integration. It is proved that the conceptual basis for consolidating the people of Ukraine can be primarily the Ukrainian national idea.

On the possibility of termination of the lease contract of municipal property in the case of privatization of the lease object

Problem setting. Quite often in the practice of law enforcement there are disagreements as to whether privatization of the leased object may be the reason for the termination of the lease contract of municipal property. Analysis of recent researches and publications. The issue of termination of lease contract of municipal property was studied by legal scholars in different ways. Research in this area was conducted by I. R. Kalaur, Ye. Kozarenko, O. Moroz, I. Spasibo-Fatieieva, V. Steshenko and other scientists. Target of research is determining whether the lease contract of municipal property can be terminated by privatization of the leased object. Article’s main body. A conflict between Part 2 of Art. 770 of the Civil Code of Ukraine and Part 8 of Art. 20 of the current Law of Ukraine “On Lease of State and Municipal Property”, which stipulate that the provision that the lease contract remains in force for the new owner in case of alienation of leased property may be changed by the parties to the contract and the said alienation may be grounds for the termination of the lease, if the parties have agreed on this, on the one hand and Part 4 of Article 18 of the Law of Ukraine “On Privatization of State and Municipal Property”, which establishes the mandatory provision according to which in case of privatization the lease contract remains in force for a new owner, on the other. The author notes that the mentioned rule of the Law of Ukraine “On Privatization of Public and Municipal Property” is special in relation to the rules of the Civil Code of Ukraine and the Law of Ukraine “On Lease of Public and Mubicipal Property”, which are general in relation to the first. Conclusions and prospects for the development. Upon alienation of the subject of the contract in the manner of privatization, the contract of lease of municipal property remains in force for the new owner of the privatized property. At the same time, if the parties have established in the lease of municipal property that the alienation of the leased object is the basis for its termination, such a provision applies in the case of alienation of the object by the owner on grounds other than privatization and in such circumstances, alienation of property by the owner otherwise than privatization is the reason for its termination.

ОСПАРИВАНИЕ СДЕЛОК В РОССИЙСКОМ СУДЕ В РАМКАХ ИНОСТРАННОГО БАНКРОТСТВА

​ The article addresses the special features of avoidance transactions of a foreign insolvent debtor for alienation of property within Russian Federation. The author argues that the power of the foreign insolvency administrator to bring a claim to challenge the transaction stems from the Arts. 1195–1197 and 1202 of the Civil Code of the Russian Federation regarding the law applicable to the legal capacity of a person. On the separate line the article discusses the issue of law applicable to challenging of various categories of transactions of a foreign debtor. Based on the analysis of the doctrine and judicial practice, the author comes to the conclusion that transactions concluded by a foreign debtor after the introduction of a bankruptcy procedure may be challenged in a Russian court on the basis of the limitation of the legal capacity of a foreign person (Arts. 1195–1197 and 1202 of the Civil Code of the Russian Federation). At the same time, foreign bankruptcy legislation cannot be applied to avoidance of real estate transactions concluded before the introduction of bankruptcy procedure against a foreign debtor due to paragraph 2 of Art. 1213 of the Civil Code of the Russian Federation. The article is concluded with an analysis of the issue of jurisdiction of the claim for challenging the transaction of a foreign insolvent debtor.

From protection to liquidation. The case of the Milanese jurists and enemy alien property (1915–1920)

ABSTRACT During the Great War, the liberal principle of private property as an inviolable right of every individual – whether citizen or non-citizen – was completely overturned in Europe. Jurists played a fundamental role in this transformation. In Italy, a leading part was played by a group of jurists from Milan. Between 1915 and 1918, they tried to influence Italian treatment of enemy alien property and redefined the doctrinal view on private property. Moving from the idea of asset seizure as a measure for protecting enemy property, they gradually embraced a logic retaliation and the demands of total war. Their proposals increasingly became more radical, eventually calling for confiscation of all enemy alien property. Ultimately, they anticipated the solution later adopted by the peace treaties and fully endorsed a new relationship between citizens and the State.

ON THE INEXTRICABLE LINK BETWEEN THE PERSONALITY OF THE PARTICIPANT AND THE SOCIETY ON THE EXAMPLE OF LAW ENFORCEMENT PRACTICE ON BRINGING THE DEBTOR'S CONTROLLING PERSONS TO SUBSIDIARY LIABILITY

The purpose of the research. Bankruptcy proceedings increasingly involve not only controlling persons but also members of their families. The reason for this is the conflict of interests of the family and creditors. The development of bankruptcy legislation leads to a reduction in the possibilities of preserving the property of family members from collection under the obligations of the controlling person of the debtor. Until recently, one of these methods was the alienation of property in favor of a minor, which undoubtedly led to a violation of creditors' interests. The need to protect creditors' interests gave rise to new specific forms of lawmaking by the higher courts, in particular, bringing the children of the controlling debtor to responsibility. This decision seems to be controversial. This is the exhaustion of the theory of independent legal personality of a legal entity and the lack of a theoretical justification for the implementation of entrepreneurial activities of citizens in the form of participation (membership) in a legal entity. The article aims to identify sources of legal uncertainty in bringing the children of the controlling debtor to respond within bankruptcy procedures. The article analyzes the judicial practice in cases of bringing family members of a controlling debtor, including children, as controlling beneficiaries, to subsidiary liability for society's obligations through the prism of the conscientiousness of the exercise of parental rights and the conscientiousness of a minor. Results. It is proposed to introduce into legislation two presumptions: a refutable presumption of the conscientiousness of a parent and an irrefutable presumption of a child's good faith as a tool to save a minor from civil death through the fault of the parents.

Foreign Ownership of Land—Theoretical Challenges and Justifications

This work addresses the theoretical issues pertaining to alien land ownership by devoting systematic attention to the economic, human rights and national security perspectives. It suggests tht an integrated system could be established with respect to states’ regulation on foreign land ownership. Firstly, alien property investors should be granted national treatment regarding land as the internationalization of the real estate market will offer optimum capital utilization and facilitate overall global economic prosperity. Secondly, in the case of investors’ free access to domestic real estate markets, states may maintain flexibility in protecting their public policies with respect to human rights and national security. However, there must be a rational justification for invoking such a reservation. Therefore, alien land law originating from human rights and agricultural security concerns may need to be closely examined to distinguish those regulations which genuinely entail public interest concerns from those which do not. Thirdly, the deep participation of states in the international regime has greatly changed the traditional views towards alien land ownership. If a free real estate market is to be established, the trend of globalization has to be further advanced.

Проблемні аспекти ведення лісового господарства на землях оборони

В статті розглянуто історичні аспекти та сучасний стан ведення лісового господарства на землях, наданих для потреб оборони. Досліджено проблематику організації ведення лісового господарства суб’єктами лісогосподарської діяльності, органом управління яких є Міністерство оборони України.
 Проведений автором статті аналіз дозволив йому дійти висновку про те, що з 1991 року постійно змінювалась і перекручувалась основна мета створення та функціонування у сфері оборонного відомства лісогосподарських підрозділів. На момент створення у 1949 році військові лісгоспи забезпечували організацію ведення взірцевого лісового господарства та відтворення лісів на землях оборони навколо військових аеродромів, полігонів, арсеналів тощо. Натомість, на цей час основна мета діяльності лісогосподарських суб’єктів господарювання, органом управління яких є Міністерство оборони України, була зведена до отримання прибутку. Крім того, зловживання посадовими особами різних рівнів та бездіяльність оборонного відомства, як органу управління майном, призвели до безпідставного відчуження земельних ділянок та засобів виробництва, якими лісогосподарські підрозділи наділялись при створенні та в процесі функціонування. Безпідставність відчуження майна лісогосподарських підрозділів оборонного відомства, на думку автора, зумовлена особливим статусом майна військових лісгоспів. Аналіз національного законодавства засвідчив, що з набуттям Україною незалежності майно установ і організацій, які увійшли до складу Збройних Сил України набуло статусу військового майна. Отже, відчуження такого майна неможливе без прийняття урядом України відповідних рішень.
 Також, на думку автора, в реаліях сьогодення ведення лісового господарства на землях оборони має бути організовано неприбутковими лісогосподарськими підрозділами зі сфери управління Міністерства оборони України.