Objects Of Property Rights Research Articles

INTANGIBLE OBJECTS AND PROPERTY LEGISLATION IN THE REPUBLIC OF KAZAKHSTAN

The legal regulation of public relations related to intangible objects in their relationship with the institution of property is very relevant in the context of the digital revolution and the development of information law. In this regard, it is important to make a scientific understanding of the question of what is the modern meaning of intangible property, why a different legal regime should be applied to intangible objects in contrast to property law, to what extent Kazakh legislation reflects the general trends in the development of legislation in this area in developed countries and the international system. The purpose of the article is to analyze the concept of «intangible objects» and related terms in the Kazakh legislation, as well as to study the issues of how information technologies can be the object of civil law relations. The author shows the positions of researchers from different countries regarding approaches to these legal categories. The article reveals the relationship and difference between the legal regulation of tangible and intangible property. It is clarified that in the context of the introduction of digital technologies, intangible objects can be considered as objects of property rights. At the same time, in order for intangible objects to be considered in the system of civil law relations, such a condition is necessary when their transfer to other subjects of law was carried out in the process of property turnover. Conclusions are drawn regarding the underdevelopment of legal protection mechanisms for creators of intangible objects, in particular, authors of electronic books, from unauthorized copying and posting on Internet resources. The conclusions and proposals obtained are of some importance for the development of a scientifically based doctrine of information law, which in turn will affect the improvement of legislation and the effectiveness of the mechanism of legal regulation of the public relations under consideration.

ЩОДО ПОТРЕБ ЗАСТОСУВАННЯ ТЕОРІЇ ПРАВОВОЇ ФІКЦІЇ ДЛЯ ВИЗНАЧЕННЯ ПОНЯТТЯ «КРИПТОВАЛЮТА»

The article is devoted to the legal analysis of the concept of cryptocurrency in the context of the need to harmonize its legal and economic characteristics. The economic content of cryptocurrencies has been studied, taking into account the fact that they were created specifically to perform economic functions — decentralized storage and circulation of value. It is substantiated that the presence of decentralized principles of cryptocurrency emission through mining and the existence of blockchain technologies and cryptographic algorithms do not allow the state to establish legal features of cryptocurrency through traditional legal forms of defining a certain subject as a means of payment. It was concluded that cryptocurrency couldn’t be defined as an intangible good, regulated by the Civil Code of Ukraine, because of the economic purpose of cryptocurrency as a means of circulation and preservation of value. It is proposed a legal approach to cryptocurrency, which would allow incorporating cryptocurrency into the national legal system and circulation operations, prevent shadow operations and the legalization of “dirty funds”. In this context, it is proposed to approach cryptocurrency as ejusdem generis, bringing the understanding of cryptocurrencies closer to other things. The possibility of recognizing of cryptocurrency as the right of claim characteristic of non-cash money is denied. Unlike electronic money, cryptocurrencies do not mediate the payment obligation and the right to demand. It was concluded that cryptocurrency should be defined, taking into account the theory of legal fiction, an interchangeable type of virtual asset in the form of an encrypted electronic record, the emission and accounting of which is performed decentralized on the basis of distributed ledger technology and cryptographic algorithms, which is an object of property rights and can perform circulation and accumulation functions.

Crypto-Currencies Are Objects of Property Rights

‘Crypto-currencies are objects of property rights just as chairs are objects of property rights.’ There has been some controversy over this statement. With the rapid development and popularity of cryptocurrencies such as Bitcoin, the research and application of cryptocurrencies have exploded. Given that cryptocurrencies themselves are still evolving as innovative Internet financial products, it is necessary to first make a preliminary determination on the basic issues of what cryptocurrencies are and what their legal properties are, and this article will focus on whether cryptocurrencies are objects of property. This essay will primarily address the issue of whether or not bitcoins are considered property. We must first define the ideas and standards of property, such as definability, third-party identifiability, exclusivity, and competition, in order to ascertain the legal characteristics of cryptocurrencies. The legal status of cryptocurrencies will be determined by examining the structure, traits, and classification of property. In the end, it is found that most nations and regions also recognize cryptocurrencies as objects of property rights and that they usually have the property of things.

Synthesis of legal aspects as methodological foundations of land and natural use based on the current land norms of the constitution of Ukraine

It has been proven that the Basic Law of Ukraine, unlike other states, unequivocally recognizes the Ukrainian people (all citizens of Ukraine) as the sole and absolute owner of the land and its natural resources as natural objects of property rights — the main national wealth, which de jure is under a special state protection. The purpose of the article is to generalize the main empirical results of the analysis and synthesis of normative and legal aspects regarding the methodological principles of the use of land and its natural resources as natural objects of property rights of the Ukrainian people for the application of scientifically based methods and methods of nature use rights in practice, including in the agricultural sphere. It is predicted that the full implementation of the outlined constitutional land rights of citizens as nationwide, as well as the practical implementation of appropriate measures at all levels as the main mechanisms of their (rights) protection and implementation, will allow in the short term to ensure the comfortable life of all law-abiding citizens of Ukraine. In this regard, the priority introduction of the so-called land and agrarian reforms into the constitutional field of Ukraine is required, as well as the taking of all natural objects of the property rights of the Ukrainian people on a nationwide non-departmental balance in the newly created National Land Institution of Ukraine. It was found that the development of legislative acts and regulatory documents for the practical application of specific mechanisms, methods and methods of nature management, including in the agricultural sector, requires the preparation of relevant methodological materials by separate state order.

Інноваційні технології в логістиці промислових підприємств у період війни та повоєнної розбудови економіки України: корпоративні відносини та інтелектуальна власність

The article is aimed at studying the main changes in logistics during the wartime and, further on, generalizing innovative technologies in industrial logistics in the situation of wartime and concerning the post-war period of economic development of Ukraine, as well as developing proposals for improving the efficiency of their use from the standpoint of corporate relations and intellectual property. The authors’ own structural and logical scheme of the study on the topic «Innovative technologies in the logistics of industrial enterprises during the wartime and in the post-war development of the economy of Ukraine: corporate relations and intellectual property» in a general form is built, the material of the article is presented accordingly. The main changes in logistics that took place during the war of Russian Federation on Ukraine are highlighted. The importance of «innovative technology in the logistics of industrial enterprises» is substantiated from the standpoint of valuating the interests of all stakeholders. In the course of the study, the authors’ own interpretation of this category as new technologies that are created on the basis of the use of intellectual property rights and are able to satisfy the vital interests of all participants in corporate relations by means of applying them in the logistics of industrial enterprises is presented. The promising directions of application of innovative technologies in the logistics of industrial enterprises in the conditions of wartime and in the post-war development of the national economy are generalized. It is noted that the current economy of Ukraine operates in the context of transformation of market relations in accordance with the requirements of the EU, one of which is the formation of the corporate sector for the effective use of pooled capital (both financial and non-financial). The indicators of receipt of applications for objects of property rights (OPR) and for inventions during the period of 2018–2022 are analyzed, the results of the carried out analysis have actualized the issue of motivation for the creation and introduction of the objects of intellectual property rights (OIPR) as a source of innovative technologies in the logistics of industrial enterprises during the wartime and in the post-war development of the economy of Ukraine. The conceptual and logical scheme of creation and implementation of objects of intellectual property rights as a source of innovative technologies in the logistics of industrial corporate associations is visualized on the basis of situational and integrated approaches. It is expected that the recommendations provided will improve the process of management of innovative technologies in the logistics of industrial enterprises, accelerate the restoration, modernization and development of corporate industrial associations, increase the level of satisfaction of vital interests of participants in corporate relations and of the population of Ukraine as a whole concerning both during the wartime and in the post-war development of the national economy.

Načelo ekstenzivnosti hipoteke kod zgrade i posebnih dijelova nepokretnosti u izgradnji

In accordance with the principle of legal unity of immovable property, immovable property consists of parcels of land and everything permanently connected to it, whether on the surface or underground. The reform of the system of real property law in the Republic of Srpska established the legal unity of immovable property between land, building, and separate parts of immovable property, making the owners of separate parts of immovable property (co)owners of the entire immovable property (land and building). Immovable property, which is identified with land, is the object of property rights and the object of a mortgage. In accordance with the principle of extensiveness, a mortgage exists with respect to immovable property as a whole, which means that a mortgage constituted on a land also covers the building as well as the separate part of the immovable property (apartment, business space, garage, etc.). Acquisition of property rights and acquisition of a mortgage on immovable property as a whole is possible on the basis of the principle of reliance, which takes precedence over the principle of Nemo plus iuris ad alium transferre potest quam ipse habet. When it comes to buildings and separate parts of immovable property under construction, the application of the principle of mortgage extensiveness or the principle of reliance depends on the moment the property rights or a mortgage are acquired. The principle of mortgage extensiveness takes precedence if the owner of the land managed to register the mortgage before the sale of the building or separate part under construction, and vice versa, the principle of reliance takes precedence if a conscientious buyer of an apartment in a building under construction managed to register ownership before the mortgage was constituted on the land.

Empirical knowledge of the organizational and economic orientations (basis) of the current legal system of land and natural use in Ukraine (emphasis on the agricultural sector)

An analysis and synthesis of ecological, socio-economic and normative-legal aspects as factors of objectivity and subjectivity of land-nature use, which are based on the laws of inanimate and living nature and society and are fully consistent with the current norms of the Constitution of Ukraine, has been carried out. It has been proven that economic and legal relations in Ukraine require the urgent construction of a constitutionally motivated system of economic approach to the process of land and nature use, primarily for the benefit of its citizens. It has been established that a special approach is required to model relations in relation to the use of renewable natural resources, which include soils, animal life, microbiota, solar, wind and other energy, atmosphere, hydrosphere, terrestrial vegetation and other natural resources. The main empirical knowledge based on the analysis and synthesis of socio-economic and normative-legal aspects of the balanced use of natural objects of property rights of the Ukrainian people, especially in the agricultural sphere, which are based on the laws of inanimate and living nature and society and are fully consistent with the current norms of the Constitution of Ukraine, are summarized. The necessary and sufficient set of fundamental scientific and theoretical aspects as the basis of organizational and economic guidelines for balanced nature management as a result of land reform in Ukraine as a new paradigm has been formulated.

제사주재자의 유골인도청구권을 인정한 판례 법리에 대한 비판적 고찰

The purpose of this study is to reexamine the Supreme Court Decision 2007DA27670 from a critical perspective and find out the implications of the legal principles of the dead body or ashes in the Common law. According to the case, a will to dispose of the own dead body after his death is invalid in Korea because it is not statutory. It is anachronistic and contrary to the purpose of worshiping ancestors and respecting the personal rights of the deceased. On the other hand, the dead body can not be an object of property rights and the bereaved family has temporary authority only within the purpose of disposing of the body in the Common law. Therefore the will left about the disposal of one’s body has legal effect and the court also primarily respects the will of the deceased. By respecting the deceased’s intention the personal rights of the deceased are completely guaranteed. Also it can minimize the legal disputes between interested parties. The authors argue that legal effect should be given to the deceased’s intention that is especially in the will in order to respect the deceased’s right to self-determination. Even if there is no legal effect, at least the intention of the deceased should be considered first. This is consistent with the concept of personal rights which is being discussed in Korea nowadays. It is also appropriate when considering the consistency of the special laws which is related to the disposal of the body such as organs donation or dissection. Above all, if the proper disposal has already been made in accordance with the will, the purpose of the disposal of the dead body should be considered to have already been achieved. So it is not possible to claim transfer the remains. It is expected that this approach will be a way to mourn and respect the deceased in a true sense and enhance the personal rights of the deceased ultimately.

A Strategic Proposal for Legally Protecting Wild Animals

Philosophers have long articulated theories of animal rights. However, concrete questions such as “How should the Constitution of Australia change if it recognized the right to self-determination of some wild animals?” have rarely, if ever, been studied. Inspired by Sue Donaldson and Will Kymlicka’s theory of animal rights, this article explores a legal strategy about how wild animals’ interest in self-determination could be recognized in the Australian Constitution. I argue that conferring strong constitutional protection to wild animals regarding self-determination would require: (1) recognizing fundamental legal rights of wild animals to political representation, immunity from being objects of property rights, self-determination, and territory, and (2) defining to whom the proposed rights would apply and identifying the territories over which animals would have a right to govern themselves. I offer a strategic proposal in relation to point 2 and suggest that granting a legal status beyond the personhood–property divide, what I call “legal animalhood,” is the soundest strategy to recognize the fundamental legal rights of wild animals. Finally, I show that the proposed strategy is a better approach to confer strong legal protection to wild animals than Karen Bradshaw’s property rights strategy and ecocentric approaches.

TRANSFORMATION OF EXISTING ECONOMIC RELATIONS AND WAYS OF THEIR IMPLEMENTATION IMPACTED BY DIGITAL TECHNOLOGIES

Abstract. The paper offers the author’s response to the matter of direction of transformation of existing economic relations and ways of their implementation under the influence of digital technologies. This goal is achieved by solving two objectives: (1) to generalize the existing methods of depersonalization of property under the influence of modern information technologies and (2) to clarify the directions of changes in two key areas of circulation of two objects of existing economic relations – information as well as financial and monetary capital. To ensure this, the following research methods were used: dialectical method of cognition, general methods of analysis and synthesis, method of scientific abstraction, interdisciplinary approach to transformation of relations around property relations at the technological angle. Based on the understanding of the specified “narrow scopes” of economic relations, the author defends the idea that today not only a large-scale digitalization of existing economic relations takes place, but also their virtualization both through digital platforms and ecosystems, and through numerous investment “mixers”. In the modern virtual and cross-border financial economy, impersonal property dominates. Among the objects of property, an increasingly important role is played by those objects of property that, firstly, reflect legal and institutional elements, and, secondly, those that help to manage, make managerial decisions and redistribute the resource. A working conclusion is made that transformation of existing economic relations regarding property under the influence of digital technologies is associated with a gradual process of their individualization with the simultaneous implementation of existing socialization of relations within the framework of the global economy development. The fundamental direction of transformation of economic relations regarding property is determined as follows: the processes of digitalization and virtualization of the economy inevitably and more and more absorb market entities and cause the transformation of economic relations of property, and this is an important condition for development of a global post-industrial society. Based on this, the author summarizes five main characteristics of information as an object of property rights, a modern tool for the accumulation of wealth and a form of wealth, which together distinguish information from other previous dominant goods in the past. Two directions of isolation of financial and monetary capital as an object of property that globally influences modern economic relations have been determined, and this, finally, made it possible to clarify the four fundamental characteristics of transformations in the economic relations of property. As an important fi nal conclusion, virtual values and virtual assets are gradually becoming a new factor in social development. New competitive advantages of private companies and countries are contained in their possession of modern virtual property. Keywords. Economic relations, digital asset, virtual assets, transformation of relations, property relations, information economy.

Disposal of communal property under the legislation of Ukraine: some theoretical and legal issues

Theoretical and practical features of the management of communal property in accordance with the current legislation of Ukraine are studied. The position on the need to qualitatively expand the content of the existing principles of communal property management was supported. The author is of the opinion that the formation of effective local self-government as part of the goal of the administrative-territorial reform introduced in Ukraine requires, among other things, taking into account the general principles of economic activity, including greater dispositiveness in decision-making by local governments.
 Gaps have been identified within the limits set by the current legislation for the management of communally owned property in correlation with approaches to the implementation of business relations in Ukraine.
 An analysis of the current legal framework governing the boundaries and procedures for decision-making on the management of communal property revealed a lack of declarative rules that determine the prerequisites and procedures for the transfer of communal property from the common property of territorial communities in Ukraine. Author expressed an opinion that the existing procedure of managing objects of property rights of territorial communities, as an element of powers of the property owner, restrains the action of the principle of material and financial independence of local self-government enshrined in the Constitution of Ukraine.
 It has been established that one of the key criteria that should be followed by entities empowered to manage communal property is social orientation in making any organizational and business decisions.
 The idea of outsourcing as one of the most pragmatic ways to improve the efficiency of communal property management is supported given its wide range of optimization properties. The author also noted the possibility of delimitation of powers between local governments to manage the common property of territorial communities in the context of contractual relations established on the basis of voluntary cooperation and mutual responsibility.

Сommunal property disposal: actual principles

Theoretical and practical features of the management of communal property in accordance with the current legislation of Ukraine are studied. The position on the need to qualitatively expand the content of the existing principles of communal property management was supported. The author is of the opinion that the formation of effective local self-government as part of the goal of the administrative-territorial reform introduced in Ukraine requires, among other things, taking into account the general principles of economic activity, including greater dispositiveness in decision-making by local governments.
 Gaps have been identified within the limits set by the current legislation for the management of communally owned property in correlation with approaches to the implementation of business relations in Ukraine.
 An analysis of the current legal framework governing the boundaries and procedures for decision-making on the management of communal property revealed a lack of declarative rules that determine the prerequisites and procedures for the transfer of communal property from the common property of territorial communities in Ukraine. Author expressed an opinion that the existing procedure of managing objects of property rights of territorial communities, as an element of powers of the property owner, restrains the action of the principle of material and financial independence of local self-government enshrined in the Constitution of Ukraine.
 It has been established that one of the key criteria that should be followed by entities empowered to manage communal property is social orientation in making any organizational and business decisions.
 The idea of outsourcing as one of the most pragmatic ways to improve the efficiency of communal property management is supported given its wide range of optimization properties. The author also noted the possibility of delimitation of powers between local governments to manage the common property of territorial communities in the context of contractual relations established on the basis of voluntary cooperation and mutual responsibility.

Ответственность за хищение безналичных денежных средств и цифровой валюты в странах англосаксонской и континентальной системы права

The domestic legislator improves the criminal law norms based on, among other things, foreign experience. In this regard, the author considers the approaches of foreign countries to the definition of the subject of property crimes in general and its «digital variants» in particular. The approaches of some foreign countries (Great Britain, USA, Germany, Austria, Spain, France, Poland) to the establishment of criminal liability for the theft of non-cash funds and digital currency are analyzed.
 Based on the analysis, the author concludes that in the legislation of foreign states of the Anglo-Saxon and Romano-Germanic systems, the subject of property crimes is defined through the category of «property». In England and the USA, property in general (including non-cash funds and cryptocurrency) can be the subject of any property crimes. In the countries of the continental system (in particular, in the Federal Republic of Germany, Austria, France), within this group of crimes, a subgroup of criminal acts that encroach only on things (for example, theft) is distinguished. It seems that in the domestic criminal law it is also necessary to single out a group of property crimes, which will include crimes against property. Accordingly, in order to solve the problem of the inconsistency of the title of Chapter 21 of the Criminal Code of the Russian Federation with its content, since the norms of this chapter protect not only objects of property rights (in particular, property rights), but also property rights (claim rights, etc.) that make up the content of obligations relations . It is proposed to clarify the title of Chapter 21 of the Criminal Code of the Russian Federation, heading it «Property Crimes» (taking into account the studied foreign experience). Thus, non-cash funds, which are not things and which are subject to the civil law regime of property rights, are more logical to recognize as the subject of 2property crimes», and not crimes against property.

Basic principles of emergency of the system of protection of property rights of the Ukrainian people to land and its natural resources

The article reveals the requirements for immediate institutionalization of the current land norms of the Constitution of Ukraine as carried out over thirty years the so-called «land and agrarian reform» in Ukraine does not correspond to the declared land transactions, which aim at the development and real economic and legal strengthening of Ukrainian statehood. The aim of the article is to substantiate the basic principles of emergence of the system of property rights of the Ukrainian people to land and its natural resources in the accomplishment of land reform in New Ukraine as a new paradigm that develops at the highest quantum level understanding of the synergetic role legitimate interests of all citizens of Ukraine. The fundamental differences between the land norms of the Constitution of Ukraine (Articles 13, 14) and the Constitution of the Russian Federation (Articles 9) are revealed. It has been established that in the current hybrid environment of degradation and opposition to the development of the state by the unconstitutional corruption system, there is a need to unblock the resistance — in a constitutional way, by providing an immediate and fair official interpretation of the current constitutional land norms by the Constitutional Court of Ukraine. It was found that due to the absence of a constitutionally declared special Law of Ukraine «On the Right to Use Natural Objects of Property Rights of the Ukrainian People» for a quarter of a century, the rights of their owner (all citizens of Ukraine) are violated and the unauthorized use of the nation’s capital occurs. As a result, the rights, duties and responsibilities of users of natural objects are not standardized, as well as full-fledged requirements for their rational use and protection on a paid basis in accordance with established regulations. The necessity of urgent introduction of land reform to date is proved — in the current constitutional field of Ukraine, ensuring the institutionalization of constitutional norms regarding the land and its natural resources as natural objects of the property rights of the Ukrainian people and the main national wealth, which is under special protection of the state. It is proposed to adopt a number of relevant laws and regulations.

Legal provision of sustainable development as a condition for rational use of land

The article examines the theoretical and legal approaches to the rational use of land in terms of sustainable development. the use of land resources should be carried out within the concept of sustainable development, which is recognized as the dominant ideology of civilization in the XXI century, and is designed to ensure the needs of citizens while preserving natural resources and acceptable environmental conditions. Land reform, as part of the economic reform aimed at land redistribution, unfortunately did not cover the full range of legal relations related to both land protection and rational use.
 Under such conditions, it is proposed to review the existing legal approaches to the rational use of land and its protection in order to develop general principles for the rational use of land, taking into account the goals of sustainable development. The mechanism of legal regulation of rational use of lands through a prism of maintenance of sustainable development is offered. In particular, the legal criteria for the rational use of land resources should be to ensure their inexhaustibility and environmental friendliness of operation while ensuring sustainable development, subject to a number of factors due to a combination of public and private interests. The author substantiates that the main form of land use should be the right of ownership, which determines the personal interest in obtaining a stable income and preserving and improving land as an attractive investment resource; implementation of management functions related to land protection on the basis of public-private partnership, which will provide the possibility of self-control by the owner over the condition and properties of land, the presence of incentive and punitive mechanisms, provided an effective state control service in land protection. Accordingly, rational land use in the context of sustainable development will involve the constant receipt of the greatest possible amount of vital benefits, provided that land resources are kept unchanged or improved.
 The need to use land in accordance with their functional purpose as a place, condition, and source of human life determines the content of legal regulation in the context of sustainable development. The multifunctional purpose of the land creates conditions for human life, and therefore requires clear legal mechanisms that will ensure the safety and sufficient living standards of people when using land in various legal titles, the primary among which is land ownership. All other legal forms are derivative and are usually limited in time, so it is the owner who is primarily responsible for ensuring the quality of land use, which covering the full range of their functional purpose will ensure consistency, and in some cases improve the properties of this a unique natural resource.
 At present, there is an objective need to implement appropriate legal structures on the content of domestic regulations on land ownership in order to achieve sustainable development, which provides for mutual satisfaction of public and private interests in the use, preservation and protection of land. After all, land as an object of property rights according to the constitutional norm always remains a national property, and therefore its use should take place by satisfying both private and public interests, which is to preserve and restore soil quality, increase their fertility, produce quality agricultural products, in accordance with established standards; ensuring the preservation of natural objects, landscape environment, the territorial base of which is a particular land plot of the relevant purpose; ensuring free access to natural recreational, health aesthetic facilities used for the right of general nature use.

Theoretical and practical features of communal property disposal under ukrainian legislation

Theoretical and practical features of the management of communal property in accordance with the current legislation of Ukraine are studied. The position on the need to qualitatively expand the content of the existing principles of communal property management was supported. The author is of the opinion that the formation of effective local self-government as part of the goal of the administrative-territorial reform introduced in Ukraine requires, among other things, taking into account the general principles of economic activity, including greater dispositiveness in decision-making by local governments.
 Gaps have been identified within the limits set by the current legislation for the management of communally owned property in correlation with approaches to the implementation of business relations in Ukraine.
 An analysis of the current legal framework governing the boundaries and procedures for decision-making on the management of communal property revealed a lack of declarative rules that determine the prerequisites and procedures for the transfer of communal property from the common property of territorial communities in Ukraine. Author expressed an opinion that the existing procedure of managing objects of property rights of territorial communities, as an element of powers of the property owner, restrains the action of the principle of material and financial independence of local self-government enshrined in the Constitution of Ukraine.
 It has been established that one of the key criteria that should be followed by entities empowered to manage communal property is social orientation in making any organizational and business decisions.
 The idea of outsourcing as one of the most pragmatic ways to improve the efficiency of communal property management is supported given its wide range of optimization properties. The author also noted the possibility of delimitation of powers between local governments to manage the common property of territorial communities in the context of contractual relations established on the basis of voluntary cooperation and mutual responsibility.

ВИДИ АДМІНІСТРАТИВНО-ПРАВОВИХ ВІДНОСИН У СФЕРІ РЕАЛІЗАЦІЇ ПРАВА ГРОМАДЯН НА КОРИСТУВАННЯ ПРИРОДНИМИ ОБ’ЄКТАМИ ПРАВА ВЛАСНОСТІ НАРОДУ УКРАЇНИ

Purpose. The purpose of the article is to determine the types of administrative and legal relations in the sphere of exercise of the right to use natural objects of property rights of the Ukrainian people. Methods. The research methodology consists of general and special methods of scientific knowledge, including system, system and structural, classification, comparative and legal, analysis and synthesis, deduction and induction, and others. Results. The first section of the article examines scientific approaches to the classification of administrative and legal relations as a general category proposed by Ukrainian scientists today. Conclusions are made about the expediency of using criteria for the subject composition of relations and functions of public administration. The second section of the article reveals the main approaches to differentiation of administrative and legal relations recognized by the German doctrine of administrative law. The author’s point of view on the possibility of using the criterion of the origin of administrative and legal relations is given. The third section of the article sets forth the author’s vision of classification of administrative and legal relations that arise in the sphere of exercise of citizens’ right to use natural objects of property rights of the Ukrainian people. Conclusions. The conclusions summarize that administrative and legal relations in the sphere of exercise of citizens’ right to use natural objects of property rights of the Ukrainian people, as a type of administrative and legal relations as a more general category, can be classified by various criteria that are highlighted in scientific sources. However, as the study showed, not all of the approaches covered in the professional literature on administrative law are appropriate and correct. In particular, certain points of view regarding the classifications by criteria of protection methods and functions performed by subjects of public administration call for comments. At the same time, the study of scientific views on the outlined issue, which are justified in domestic and German scientific works, allowed us to conclude about the possibility of not being limited by existing classifications and formulating our own criteria and vision of differentiation of administrative and legal relations in the sphere of exercise of citizens’ right to use natural objects of property rights of the Ukrainian people. In this regard, several basic ways of classifying these relations are proposed, in particular, by criteria of natural objects, functions of public administration and purpose of legal relations, the choice of which is due to the need to effectively reveal the main features of these relations in compliance with the logic and rules of classification. The obtained study results can serve as a basis for further scientific developments on the outlined issues.

Понятия и проблемы классификации животных как объектов права собственности

Animals are considered as objects of property rights in civil law. The necessity of legal differentiation of all animals into two categories is justified: the animal world and animals in captivity. The legislative definition of “animal world” is investigated, its unique essential features are highlighted. A study of the category “other animals” is being conducted. Starting from the analysis of doctrinal positions on this issue, the author comes to the conclusion that it is necessary to legislate the category of«animals in captivity», by which it is proposed to understand individually defined animals that are under human control and satisfy his psychoemotional, property, protective, entertainment or other needs. The introduction of this term into the legal field of Russia will allow us to distinguish a category of animals that have their own specific legal regime, different from the animal world, where the latter can be exclusively owned by the state. The essential signs of animals in captivity are revealed. The author proposes to classify all types of animals in captivity on a functional basis into the following groups: domestic; agricultural; service; intended for cultural and entertainment purposes; laboratory. The legal regime of these natural objects as objects of property rights has its own peculiarities associated with additional requirements for the maintenance and proper treatment of these animals, indicating their practical significance for civil legislation.

Doctrinal bases of classification of property rights in civil law

In the scientific article the research of doctrinal and normative sources is carried out, which determines the approaches to the classification of property rights in civil law and the selection of own proposals for improving doctrinal approaches to such classification. In particular, it is determined that the existing classifications of property rights in the civil law doctrine, unfortunately, do not fully reveal the essence of this legal institution and need to be improved. In the scientific literature, the classification of property rights depending on the object of property rights, in connection with the object of property rights that belongs to a particular person; depending on the grounds for property rights; depending on the content of property law; depending on the term of property law; depending on the possibility of the subject of property rights to transfer it to other persons without the permission of the owner; depending on the subjective composition of property relations; depending on payment; depending on the method of occurrence; depending on the grounds for acquiring property rights. In the science of civil law there are discussions on the attribution of property rights of trust property, the right of pledge, the right of mortgage, the right of economic management and the right of operational management. Some of these property rights are classified as mandatory rights by the civil legislation of Ukraine, although the legislation of foreign countries mainly considers them as property rights. Civil law refers to a number of exclusively obligatory rights to property rights: the right of permanent use and the right to lease land; the right to use (rent, lease) a building or other capital structures, their separate parts. The scientific article concludes that property rights should be classified based on the criterion of completeness of powers arising from the fact of possession of a thing on: property rights; absolute rights to other people's things (right of possession, easement, emphyteusis, superficies, the right of permanent use of land); limited rights to other people's things (the right of economic management, the right of operational management); ensuring the rights to other people's things (mortgage, mortgage, trust); preemptive rights (preemptive purchase rights).

Актуальні питання публічного адміністрування у сфері користування землями в межах функціонування ринку земель сільськогосподарського призначення в Україні (сучасні проблеми та шляхи вдосконалення)

The qualitative development of a democratic society and the improvement of the functions of the rule of law in our country are closely connected with the understanding of human rights, including in the field of land relations. After all, the land, its subsoil and other natural resources located on the territory of Ukraine, in accordance with the Constitution of Ukraine, are the objects of property rights of the Ukrainian people exclusively, and are a national treasure. Today, Ukraine is undergoing a complex process of reforming land relations and adapting them to modern political, economic and social needs, especially in an open market for agricultural land. With an extremely strong agro-industrial potential, Ukraine has a significant role to play in overcoming the global food crisis. However, in the current system there is no competent and balanced state policy, and appropriate mechanisms for its implementation, on the integrated development of land relations and adaptation of land reform in Ukraine. As never before, there is a need for quality and effective public administration in the field of land use within the functioning of the agricultural land market in Ukraine. With the beginning of land status in Ukraine, new questions arose about the directions and mechanisms of improving land relations, the formation of the land market, the solution of which involves scientific and practical clarification of a wide range of problems in its infrastructure. Due to the introduction of a new wave of land reform in Ukraine, public administration in the field of land use of state and communal property should acquire a modern character. Along with the introduction of a transparent market for agricultural land, the reform also aims at transparent and efficient land management. One of the mandatory components of this goal is the introduction of an effective system of public administration in the field of land use of state and communal property. Thus, the formation of effective public administration in the field of land use within the functioning of the agricultural land market in Ukraine, including taking into account international experience, would ensure quality and rational use and protection of land in Ukraine, guarantee the rights of land owners and users and effective governance, which requires a systematic and scientific approach to addressing issues.