Gaps in the Legal Regulation of Property Rights and other Real Rights in Ukraine: Comparative Characteristics with Similar Institutions in the EU Countries

The relevance of the study is conditioned by the existence of certain issues related to the registration of property rights and real rights, the grounds for restrictions on such rights, guarantees and ways to protect them, which is extremely important in the state of martial law. The purpose of thi...

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Main Authors: Oleh ILKIV, Vitalii MYKULETS, Volodymyr DUMA, Viktor TKACHUK, Nataliia DEREVIANKO
Format: Article
Language:English
Published: Universidade Portucalense 2023-10-01
Series:Revista Jurídica Portucalense
Subjects:
Online Access:https://revistas.rcaap.pt/juridica/article/view/30703
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author Oleh ILKIV
Vitalii MYKULETS
Volodymyr DUMA
Viktor TKACHUK
Nataliia DEREVIANKO
author_facet Oleh ILKIV
Vitalii MYKULETS
Volodymyr DUMA
Viktor TKACHUK
Nataliia DEREVIANKO
author_sort Oleh ILKIV
collection DOAJ
description The relevance of the study is conditioned by the existence of certain issues related to the registration of property rights and real rights, the grounds for restrictions on such rights, guarantees and ways to protect them, which is extremely important in the state of martial law. The purpose of this study is to investigate the peculiarities of legal regulation of property rights and real rights in Ukraine, as well as to analyse the experience of specific countries of the European Union in this area. The methodological basis of the study consists of a comparative method, methods of system-structural and logical analysis, which allowed establishing the essence of property rights and real rights through the prism of norms regulating relevant relations in Ukraine and the European Union countries; to consider existing problems in the regulatory support of property (private, state, municipal) and real rights; to conduct a comparative analysis of legislative approaches in solving issues of legal regulation of property relations. The main results in the framework of the study should be considered the definition of the features of legal regulation; the emergence, registration, transfer, restriction of property rights and real rights, mechanisms for their protection in Ukraine and in certain European countries; prospects for the development of regulatory support for property rights and other real rights in Ukraine. The relevance of the study results is to provide practical recommendations for improving the legal regulation of relations in the field of property by amending the Civil, Housing, and Land Codes of Ukraine, including individual laws in the field of intellectual property.
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spelling doaj.art-32c6217f25aa4ebd9f7e7805dc75410e2023-10-31T15:47:30ZengUniversidade PortucalenseRevista Jurídica Portucalense2183-57992183-57052023-10-01Gaps in the Legal Regulation of Property Rights and other Real Rights in Ukraine: Comparative Characteristics with Similar Institutions in the EU CountriesOleh ILKIV0Vitalii MYKULETS1Volodymyr DUMA2Viktor TKACHUK3Nataliia DEREVIANKO4Academician Stepan Demianchuk International University of Economics and HumanitiesAcademician Stepan Demianchuk International University of Economics and HumanitiesAcademician Stepan Demianchuk International University of Economics and HumanitiesDepartment of Social and Legal Disciplines, Academician Stepan Demianchuk International University of Economics and HumanitiesDepartment of Criminal Law and Administrative Law Disciplines, Academician Stepan Demianchuk International University of Economics and Humanities The relevance of the study is conditioned by the existence of certain issues related to the registration of property rights and real rights, the grounds for restrictions on such rights, guarantees and ways to protect them, which is extremely important in the state of martial law. The purpose of this study is to investigate the peculiarities of legal regulation of property rights and real rights in Ukraine, as well as to analyse the experience of specific countries of the European Union in this area. The methodological basis of the study consists of a comparative method, methods of system-structural and logical analysis, which allowed establishing the essence of property rights and real rights through the prism of norms regulating relevant relations in Ukraine and the European Union countries; to consider existing problems in the regulatory support of property (private, state, municipal) and real rights; to conduct a comparative analysis of legislative approaches in solving issues of legal regulation of property relations. The main results in the framework of the study should be considered the definition of the features of legal regulation; the emergence, registration, transfer, restriction of property rights and real rights, mechanisms for their protection in Ukraine and in certain European countries; prospects for the development of regulatory support for property rights and other real rights in Ukraine. The relevance of the study results is to provide practical recommendations for improving the legal regulation of relations in the field of property by amending the Civil, Housing, and Land Codes of Ukraine, including individual laws in the field of intellectual property. https://revistas.rcaap.pt/juridica/article/view/30703legislationlawregulatory deficienciesEuropean Union lawtitle guaranteesway of protection
spellingShingle Oleh ILKIV
Vitalii MYKULETS
Volodymyr DUMA
Viktor TKACHUK
Nataliia DEREVIANKO
Gaps in the Legal Regulation of Property Rights and other Real Rights in Ukraine: Comparative Characteristics with Similar Institutions in the EU Countries
Revista Jurídica Portucalense
legislation
law
regulatory deficiencies
European Union law
title guarantees
way of protection
title Gaps in the Legal Regulation of Property Rights and other Real Rights in Ukraine: Comparative Characteristics with Similar Institutions in the EU Countries
title_full Gaps in the Legal Regulation of Property Rights and other Real Rights in Ukraine: Comparative Characteristics with Similar Institutions in the EU Countries
title_fullStr Gaps in the Legal Regulation of Property Rights and other Real Rights in Ukraine: Comparative Characteristics with Similar Institutions in the EU Countries
title_full_unstemmed Gaps in the Legal Regulation of Property Rights and other Real Rights in Ukraine: Comparative Characteristics with Similar Institutions in the EU Countries
title_short Gaps in the Legal Regulation of Property Rights and other Real Rights in Ukraine: Comparative Characteristics with Similar Institutions in the EU Countries
title_sort gaps in the legal regulation of property rights and other real rights in ukraine comparative characteristics with similar institutions in the eu countries
topic legislation
law
regulatory deficiencies
European Union law
title guarantees
way of protection
url https://revistas.rcaap.pt/juridica/article/view/30703
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