Legal Regulation Of Property Relations Research Articles

Комплексы недвижимости, объединенные общим имуществом

The article is a detailed analysis of the legal regulation of property relations in special complexes of immovable things, including shared property. The basis of these complexes is compactly located negotiable immovables with owners. At the same time, the complex also includes immovable property, intended for servicing land plots, buildings and structures that form the basis of the complex. It is noted that the current legislation regulates relations regarding shared property in immovable property complexes of two types: gardening settlements and low-rise residential complexes. The common and the different in legal regime of shared property in these complexes are considered in detail. A distinction is made between shared property and common property. The author draws attention to the fact that there is a third group of immovable property complexes, in which relations regarding common property are not regulated by law at all. The practice of the Constitutional Court of the Russian Federation on this issue is subjected to a detailed critical analysis. Speaking in favour of the need to determine the legal regime of shared property in all immovable property complexes, the author considers it impossible to apply by analogy the law on the shared ownership in buildings for this purpose. As a way to solve the problem, it is proposed to regulate special transactions for the transfer of shared property into fractional ownership of all persons whose individual property is serviced by this property.

Trends and problems of modern law. Review of the VII International Scientific and Practical Conference “Plevako Tambov Legal Readings”

In May 2023, at Derzhavin Tambov State University (Derzhavin University) held the VII International Scientific and Practical Conference “Plevako Tambov Legal Readings”. The university organized it jointly with the Tambov branch of the Russian Lawyers Association, the Plus Guarantee Tambov company and the Election Commission of the Tambov Region. The Conference participants are scientists-lawyers, students and teachers of Derzhavinsky University, representatives of the Tambov Regional Court, the Arbitration Court, the Prosecutor’s Office and the Chamber of Lawyers of the Tambov Region. They discussed the certification of scientific and pedagogical personnel in modern conditions, current issues of the institution of representation in administrative proceedings, ensuring a balance of private and public interests in certain institutions of Financial Law, the place of justice in modern civil proceedings, etc. At the panel discussion “30th anniversary of the electoral system of the Russian Federation” election organizers, experts and young people discussed many years of experience in developing and improving the electoral system and agreed on further interaction in the electoral sphere. The Conference continued with sectional sessions in the following areas: “Historical and legal problems of the development of Russian statehood”, “Legal regulation of property relations: ensuring a balance of private and public interests”, “State policy of combating crime”, “Problems in the field of ensuring national security and law and order: specifics, threats, priorities, counteraction”, etc. Based on the results of the Conference, a collection of materials with reports and abstracts of participants has been prepared; individual reports will be published as articles in leading scientific legal journals.

Regulatory Impact of Individual Legal Acts of the Courts of General Jurisdiction of the Russian Federation on the Property Relations of Spouses

The paper is devoted to the analysis of the place and role of individual legal acts of the courts of general jurisdiction of the Russian Federation in the mechanism of legal regulation of property relations of spouses. The legal provisions developed by the Supreme Court of the Russian Federation on the following issues are considered and evaluated. They are as follows: on the ownership of objects acquired during the marriage by one of the spouses on the basis of an act of a state or municipal authority; challenging transactions on the disposal of real estate, committed by one of the spouses in the absence of a notarial consent of the other spouse; transfer of an indivisible property to the ownership of one of the spouses in the process of dividing common property; the possibility of derogating from the principle of equality of the shares of spouses in the right to their common property based on the interests of their minor children, as well as the interests of one of the spouses. In general, it is concluded that the legal provisions developed in the individual legal acts of the courts of general jurisdiction are not aimed at creating new legal norms, but at interpreting and clarifying the current legislation, as well as at eliminating contradictions in it. The legal provisions contained in the individual legal acts of the courts, unlike all other legal provisions, are the least static, which is expressed in a relatively quick change in the position of the highest judicial body on the same controversial issue.

Implementation of the Rules on the Public Contract (Compulsory Contract) in the System of Legislation on the Carriage of Goods by Rail

The relative independence of railway legislation to a certain extent hinders the applicability of the principles of civil law to the carriage of cargo. This threatens the unity of the legal regulation of property relations. One of the fundamental provisions limiting the freedom of contract in the interests of the economic system as a whole is the recognition of the public nature of business contracts. The public nature of the contract (compulsory contract) of carriage should prevent the arbitrariness of the carrier’s actions and ensure fairness in the provision of transport services. To what extent does the sectoral legislation comply with the principles of civil law? Is the importance of the rules on public contract (compulsory contract) in a special legal regime not diminished? The main task is to assess the degree of compliance of the provisions of the railway transport legislation with the rules on the public contract (compulsory contract). Particular tasks are: to establish the formal inconsistency of industry norms on cargo transportation with civil legislation; to identify contradictions in the procedure for concluding and conditions for the contract of railway cargo transportation to the idea of a public contract (compulsory contract); to prove the need for changes in the design of auxiliary transport contracts from the position of publicity of the contract (compulsory contract) of carriage. The tasks set are solved on the basis of a critical understanding of the norms of civil and railway transport legislation. Methods of comparative jurisprudence were used to prepare the source material for this study. The work is primarily of the nature of a theoretical search, contractual and law enforcement practice was studied at the initial stage of data analysis in order to best understand the essence of the regulations. Based on the conducted research, it should be stated that the implementation of the rules on the public contract(compulsory contract) requires a direct indication in the railway transport legislation. The agreement on the terms and procedure for concluding a cargo transportation contract, especially the procedure for accepting an application for transportation, does not take into account, and in some cases directly contradicts the principles of civil legislation. The system of auxiliary transport contracts creates conditions for a significant restriction of the rights and interests of cargo owners. Based on theoretical conclusions, the paper formulates proposals aimed at improving the current legislation.

Problems of the implementation of economic rights of internally displaced persons

In the conditions of martial law on the territory of Ukraine there is a need to develop an effective mechanism for exercising the rights of internally displaced persons. The problems of exercising economic rights, in particular, the problems in the field of realization of property rights by internally displaced persons, become especially relevant. The purpose of this article is to analyze research and the main provisions of regulations and draft laws relating to the implementation of economic rights of internally displaced persons. The study of the works of scientists allowed establishing and assessing the state of research of the chosen topic, to identify and investigate the problematic issues that have arisen at the present stage and to identify ways to solve them. In particular, the general problems of protection of the rights of internally displaced persons were outlined, which are the problems of realization of the rights of internally displaced persons of institutionalorganizational, legal and socio-economic nature. Within the framework of this study the analysis of the state of normative regulation of legal relations on the chosen subject of the following main periods was carried out: before the imposition of martial law on the territory of Ukraine and the period related to the armed aggression of the Russian Federation against Ukraine’s sovereignty. It is noted that in the period before the imposition of martial law in Ukraine, the national concept of protection and restoration of property rights of internally displaced persons and internally displaced persons has not been effectively applied. The provisions of the draft Law of Ukraine «On the Principles of State Policy in Transition» of August 9, 2021 are considered. It is proved that for effective legal regulation of problematic issues that may arise in the transition period, it is necessary to timely develop relevant legislation (regulations) that can solve the problems of legal protection of citizens of Ukraine and legal entities of Ukraine, rights and legitimate interests whose property rights have been violated as a result of the armed aggression of the Russian Federation and the temporary occupation of the territory of Ukraine. The existence of problems with the implementation of the Law of Ukraine «On Ensuring the Rights and Freedoms of Internally Displaced Persons» in the field of protection of property rights was identified; their importance and relevance were emphasized. It is established that the legislation of Ukraine in the field of legal regulation of property relations with the participation of internally displaced persons needs to be improved and appropriate changes made that will provide protection and additional guarantees for the exercise of property rights. In particular, they stressed the need to develop a mechanism to restore property rights, create a single database of property of internally displaced persons and adopt a special legal act governing guarantees of compensation for destruction (damage) of property due to hostilities, terrorist acts, sabotage caused by the military aggression of the Russian Federation. In addition, the need to stimulate the realization of entrepreneurial and innovative potential and further comprehensive scientific and legal research to create optimal conditions and increase the efficiency of entrepreneurial and innovative activities was emphasized.

Tax legal regulation of property relations in the system legal regulation of prop-erty relations in Russia

Tax legal regulation of property relations in the system legal regulation of prop-erty relations in Russia

Legal regulation of property relations

Legal regulation of property relations

The mechanism of civil law regulation of property relations of partners in de facto unions

The article investigates the mechanism of legal regulation of property relations of partners in de facto unions. The national legislation of European states is analyzed, as well as the recommendations of the Commission on European Family Law, suggestions for improving national legislation are made.It is determined that there are no uniform approaches in the legal regulation of partners in de facto unions in European countries, in particular in six countries such relations are unregulated, in fourteen countries such relations are regulated by different branches of law, and in nine jurisdictions there is a special legal mechanism (Sweden, Hungary, Slovenia, Croatia, Catalonia, Portugal, Scotland, Ireland and Finland).The provisions of the Lithuanian Civil Code on the regulation of de facto marital relations, as well as the legislation of Croatia, Sweden, Norway and other countries are analyzed. It was found that in Scotland, civil partnerships were allowed for same-sex couples back in 2005, and for people of the opposite sex only from June 30, 2021.It is substantiated that in the context of Europeanization of private law, the position on the need to amend the Family Code of Ukraine and introduce the term «de facto union» recommended by the Commission on European Family Law in the Principles of European Family Law on property rights, maintenance and succession of couples in de facto unions.It is proved that in the process of Europeanization of private law the institution of de facto union should be regulated by the norms of the Family Code of Ukraine, which, taking into account the recommendations of the Commission on European Family Law should be improved as follows: contract on selling a dwelling in which partners live, as well as household items, is made with the consent of both partners; to guarantee partners the right to file a claim to the court for consent to dispose of the property without the consent of the other partner; to guarantee the principle of freedom of contract between partners in de facto unions; establish the right to compensation for a significant contribution to the property (or business) or profession of another partner; guarantee the right of the partner to inherit equally with the spouses, etc.

Property, Property Solvency of Spouses and Their Joint Debts

In the Russian legal terminology, the term "property relations" is widely used. However, the category "property" in terms of its constituent elements, due to the absence of its legal definition in the Civil and Family Codes of the Russian Federation, is explained in different scientific contexts. In theory, debts are often named as one of the elements internally forming the property, along with things and property rights, and the relations of common property of spouses are no exception. The prospect of legalization of debts as a structural element of the property of spouses is considered in the draft Federal Law No. 835938-7 that proposes to make appropriate amendments to Art. 34 of the Civil Code of the RF IC, which gives rise to a special concern in identifying the legal nature of common debts. The solution to this problem determines the need to analyze the current legislation and scientific publications devoted to property relations, property rights and its objects. Due to the fact that the debts of the spouses represent unfulfilled civil legal obligations arising from participation in relations with the third parties, their merger with family legal property relations of the spouses’ property is unacceptable. Debts do not have the qualities of objects of property rights that cumulatively form the property belonging to spouses and existing in the common property regime. Thus, it cannot be added up from an asset and a liability. Regarding legal regulation of property relations, we only can compare, on the one hand, the totality of property objects belonging to spouses on the ground of common property and, on the other hand, the objects of execution of their common obligations with respect to creditors expressed in single value units. To indicate the result of the comparison, it is advisable to use the concept of "property solvency of spouses", which allows us to assess their property status for participation in civil transactions, their real property responsibility, as well as in ensuring the interests of creditors. In support of these conclusions, the author provides detailed arguments.

Custom as a Source of Legal Regulation of Property Relations in the Russian Federation

The paper discusses the issue of the use of custom in the regulation of property relations. The author analyzes the possibility of determining the content of subjective property rights by customary legal norms, namely, such powers as the use and disposal. Attention is focused on the influence of customs on the formation of the owner’s discretion in the exercise of his subjective rights, in particular, the following questions are investigated: on what or on whom does this “discretion” depend? Is it possible that customs influence the formation of the discretion of a particular owner? Special attention is paid to the establishment of limits for the exercise of property rights under customary legal norms. According to the author, applying custom in the regulation of public relations, the owner of a property right does not go beyond the legal field, since custom is a source of law, and in this case one should speak of “discretion within the current legislation” and “discretion beyond it.” The paper concludes that customs can determine the content of subjective property rights, methods of protecting property rights, in particular self-defense issues, and are more often used in the regulation of real legal relations based on private ownership, while customs cannot contradict the peremptory norms. It is emphasized that a special role in the regulation of property relations is assigned to local customs.

Concept and Essence of Individual Regulation of Property Relations

Property legal relations are a complex sphere, complex and capacious from the point of view of the specifics of the processes occurring in it, which are completely different both in terms of the status of subjects and in terms of legislative regulation. The purpose of this research is to define the concept and essence of individual regulation of property relations. To achieve this goal, it is necessary, first, to reveal the concept of «individual regulation» at the General theoretical level, and second, to consider the features of individual regulation of property relations in the field of Economics. The study used dialectical, logical, systematic, formal and legal methods. The conducted research allowed us to conclude that individual regulation, expressed in the relevant acts, allows us to take into account the specific situation and personal will of the subject, and is an important link in the mechanism of legal regulation of property relations.

Tendencies of the Contractual Regulation of Family Property Relations between Spouses with due regard to the Development of Legislation and Judicial Practice

The author makes an attempt to determine tendencies for the development of the legal regulation of property relations between spouses based on the approved amendments and expected changes in the legal regulation, established jurisprudence and with due regard to the goals of family law regulation and models of contractual regulation of property relations between spouses enshrined in positive law. The paper considers in detail the following trends: enforcement and development of provisions concerning contractual regulation of property relations between spouses and their common property, law enforcement and development provisions concerning contractual regulation of the property relations between spouses for the provision of mutual maintenance.The author comes to the following conclusions. Firstly, the family law regulation of contractual relations concerning the common property of spouses and law enforcement as a whole comply with the goals of the family law regulation. Secondly, civil law regulation and law enforcement in terms of contractual property relations between spouses strengthen the "pro-creditor" approach and limit contractual freedom of spouses. Thirdly, the prospects for regulating the legal and contractual regime (with the stronger "pro-creditor" approach) may result in changes in the systemic interpretation and law enforcement of provisions concerning the contractual regulation of spousal property and they can contradict the goals of family law. Fourthly, the regulation of contractual relations between spouses concerning maintenance shows sufficient stability and general conformity with the goals of family law regulation, but does not exclude the search for options to expand its limits through the rules of the Family Code of the Russian Federation, while the practice of applying these provisions indicates a "pro-creditor" approach and non-compliance with the goals of family law regulation.

МАЙНО В ГОСПОДАРСЬКІЙ ДІЯЛЬНОСТІ: ОКРЕМІ ПРОБЛЕМИ ВИЗНАЧЕННЯ ТА КЛАСИФІКАЦІЇ В УКРАЇНІ

The article examines the definition of the term «property» in management sphere, analyses the existing definitions of the term «property» in management sphere. On this basis, the different approaches are identified and a process approach to the interpretation of a specific category is proposed. Regarding the classification of the types of property and sources of its formation, the use of terms and concepts that have expired in the legislation has been established. It is proposed to eliminate the identified differences and contradictions in the interpretation of the terms of legal regulation of property relations in management sphere in Ukraine in view of the types of property and sources of its formation. The definition of the category «property» in management sphere, which is available in current legislation and modern scientific sources, is considered. The approaches to the definition of the term «property» in management sphere are singled out, namely: property is things, assets, property of a certain type, classification-based approach and combined approach. The definition of the essence of the term «property» in management sphere is proposed to be considered according to the process approach, which is initially considered resources, which later acquire the characteristics of assets and further property. The differences and ramifications in the classification types of property under the current legislation are analysed, the ways of their elimination are offered, which will lead to the increase of efficiency of the use of the created property of the economic entity. According to the process approach, which assumes that a certain set of resources acquires the characteristics of assets, which, in turn, are part of the property of a particular entity. A distinctive feature of the proposed approach is that the property in management sphere is defined as a set of assets that are formed through a number of resources. The use of the provided proposals and elimination of identified contradictions in the classification of property types and sources of its formation will promote the intensification of various management functions of economic activity in the part of implementing economic mechanisms and regulators to optimize property formation and increase of its efficiency.

АКТУАЛЬНІ ПИТАННЯ ПРАВОВОГО РЕЖИМУ МАЙНА КООПЕРАТИВІВ

The modern development of Ukrainian society is characterized by a variety of organizational and legal forms of business, including cooperatives, which are part of a unified economic complex of the country along with other participants in economic relations. The aim of the article is to analyze the problems of economic and legal regulation of the legal regime of property of cooperatives and justify the ways to resolve them. Realization of the set purpose provides the decision of a number of problems, such as: 1) research of features of share fund, indivisible fund, reserve and special funds of cooperative; 2) analysis of problems of legal provision of the procedure for the formation and use of property of cooperatives and 3) justification of directions for improving the legal regime of property of cooperative and development of amendments to the legislation on cooperation. Methodology. The application of methods of comparative legal research, system and structural-functional analysis allowed to justify the feasibility of optimizing the legal regulation of property relations in production, service and consumer cooperatives. Scientific novelty. The article considers the features of the legal regime of property of different types of cooperatives in modern economic conditions. The shortcomings in legal regulation of the property funds of cooperatives are analyzed and changes to the current legislation on cooperation are proposed. In conclusion, the article emphasizes that the improving the legal regime of property of cooperatives will eliminate some shortcomings of the current legislation on cooperation and will serve for effective law enforcement in this area of legal relations. In particular, it is proposed in the Law “On Cooperation” to establish that the shares, taking into account contributions to the reserve and special funds, are personalized and in total determine the common part of the cooperative member in the property of the cooperative. The person has the right to receive his common part in cash in case of withdrawal or exclusion from the cooperative, unless otherwise provided by the charter of the cooperative. The term and other conditions for the cooperative member to receive common part shall be established by the cooperative's charter.

PROPERTY RELATIONS IN KYRGYZ FAMILY: LEGAL ASPECTS

The article provides legal analysis of features of family property relations in the custom law of the Kyrgyz people and the legislation of the Kyrgyz Republic. Using analysis, synthesis, legal and historical law methods, the Matrimony and Family Code of the Kyrgyz SSR of 1969, the Family Code of the Kyrgyz Republic of 2003, the Code of Laws on Civil Status Acts, Matrimony, Family and Fiduciary Law of the RSFSR of 1918, The Code of Laws on Marriage, Family and Fiduciary of the RSFSR of 1926, The Ordinance of the President of the Kyrgyz Republic dated January 26, 2012 No. 17 “On declaring 2012 the Year of Family, Peace, Concordance and Mutual Forgiveness” and Family Support and Child Protection Program for 2018 - 2028 of Government of the Kyrgyz Republic were studied. The article analyzes relevant theoretical and practical issues related to common property of spouses, separate property of spouses, relations between parents and children for joint ownership and use of each other's property, alimony responsibility of family members and property relations of factual spouses. According to the author, legal norms regulating property relations in family are important when courts consider cases in sphere of protection of property rights of family members. In particular, the authors came to the conclusion in the Kyrgyz Republic the legal regulation of property relations in family is basis for resolving contentious issues in the family law.

Property Relations Between Unmarried Cohabitants in International Family Law

This article is about the legal regulation of property relations between unmarried cohabitants in national legislation and the attempts to govern the said issues on the international level. The paper classifies states into groups based on their legal approach to unmarried cohabitation with examples from domestic legislation and court practice. The paper highlights the problem of absence of international conventions and national conflict of law rules on the matter and offers solutions to these issues.

INDIVIDUAL LEGAL ACTS OF THE SUPREME COURT OF THE RUSSIAN FEDERATION ON FAMILY DISPUTES CONCERNING PROPERTY

The article has analyzed the jurisprudence of the Supreme Court of the Russian Federation on family disputes that involve property issues, revealed features of implementation of functions of the highest court in this field. First, it is stated that the Supreme Court of the Russian Federation reviews decisions of lower courts mainly in cases where the application of family law rules is contradictory and unsettled. It is necessary to fill in a gap in family law, to resolve conflicts between certain legal norms, to choose between several possible interpretations of the law. Second, the judicial panels of the Supreme Court of the Russian Federation, making a determination on a particular case, clarify the meaning of legal norms, and sometimes under the guise of interpretation in fact correct ill-considered or outdated norms of family law. Third, the High Court reviews cases where there is a typical and widespread error in the application of a very clear and defined rule. Fourth, in individual legal acts it is possible to observe the concretization or change of the previously designated legal stances while maintaining the legislative rules in the same form. Using certain examples of cases considered by the Supreme Court of the Russian Federation on family disputes concerning property, the paper has demonstrated the mechanism of possible transformation of abstract, non-personified and doctrinally oriented provisions contained in the definitions of judicial boards of the Supreme Court to general legal regulators. The author has determined certain problems of legal regulation of property relations in the family that have not been settled by the Supreme Court of the Russian Federation.

PROBLEMS OF APPLICATION OF THE CIVIL LEGISLATION OF RUSSIA TO FAMILY RELATIONS: THEORY, LEGISLATION AND LAW ENFORCEMENT PRACTICE

Abstract: the article is devoted to the problem of the application of the civil legislation of the Russian Federation to family relations, the article contains the analysis of approaches existing in the theory and law enforcement practice to their solution. The author gives an assessment of the most significant changes made to the codified act of the family legislation from the position of their law enforcement effect in the field under consideration. The aim of the article is to determine the content of the concept "the essence of family relations", since the basic condition for the application of civil legislation to family relations, not regulated by family legislation, is the absence of contradiction to the essence of family relations. Attention is drawn to the bill No. 835938-7 "on amendments to certain legislative acts of the Russian Federation (in terms of property relations of spouses)", submitted to the State Duma of the Russian Federation on November 14, 2019, in fact, offering a model of the civil regulation of property relations of spouses without taking into account the family legal component. The author comes to the conclusion that the proposed model of legal regulation of property relations of spouses can lead to a violation of the balance of interests of spouses (spouse) in the name of stability of the civil turnover. At the same time, it is in the sphere of family law regulation that reforms should be exclusively verified, balanced and deliberate.

Social Property Function FA the Basis for Establishing Boundaries and Restrictions of Property Rights

article analyzes the constitutional and legal regulation of property relations in the Ukraine and European legislation. author concludes that the absence of direct instruction on a social function of property in the former postsoviet countries can be explained by the conditions in which their constitutions were adopted and by the aims which they pursued. On the contrary, in the special legislation a social function of property is traced better. Roman jurisprudence viewed property as unlimited and exceptional domination of a person over a thing, as a right free from restrictions and absolute in its defense. The owner has the right to do with his thing all that he is not directly prohibited, - so claimed Roman lawyers about the right to private property. This opinion prevailed throughout the entire period of the development of law, and it sounded most clearly in the era of the great bourgeois revolutions. However, the popularity of social studies gradually growing in society led to the fact that the concept of the social function of property was reflected in the constitutional legislation of European states. This direction of development of legislation was part of the overall process of socialization of property. general requirement to act honestly and reasonably while implementing the property right follows from provisions of the same principle established among the main beginnings of the civil legislation which can be considered as the general restriction of the property right. article concludes etymologically, means to set some borders, limits in implementation of the right there-fore it is necessary to understand the bounds established in implementation of competences of the owner on possession, use and the order of property and also the measure of his due behavior established by the law in civil circulation as restriction of the property right. To encumber means to impose a burden of execution of any hardships. So, by the general rule the owner bears a burden of maintenance of the property belonging to it, i.e. he is obliged to contain property in proper condition, to make concerning property of action, ordered by sanitary, veterinary, fire protection and other standards and to fulfill other requirements.

Some issues of legal regulation of property relations between spouses

Some issues of legal regulation of property relations between spouses