PROPERTY RELATIONS IN ENGLAND: THE LEGAL REGULATION OF RESPONSIBILITY FOR CRIMES IN THE SPHERE OF REAL ESTATE

2021 ◽  
Vol 14 (2) ◽  
pp. 186-191
Author(s):  
INESSA PETROVA ◽  
Keyword(s):  
Northern Ireland ◽  
Real Estate ◽  
Legal Regulation ◽  
Practical Significance ◽  
Scientific Interest ◽  
England And Wales ◽  
Property Relations ◽  
Legislative Regulation ◽  
Shared Ownership

The article presents the results of the study of property relations in the field of real estate, which allowed us to reveal the features of the typology and classification of real estate in England, shared ownership and ownership, the procedure for making transactions with real estate. The article considers the legislative regulation of relations in the field of real estate in England and Wales, where there are laws that differ for historical reasons from the laws of Scotland and Northern Ireland, and provides examples of criminal encroachments on property. The content of the presented material is informative, is of a certain scientific interest, since only authentic sources are used in writing the article, and also has signs of practical significance and novelty.

scholarly journals PROPERTY IN ECONOMIC ACTIVITY: CERTAIN PROBLEMS OF DEFINITION AND CLASSIFICATION IN UKRAINE

2021 ◽  
Vol 76 (3) ◽  
pp. 52-61
Author(s):  
Oleksandra Rozhenko ◽  
Keyword(s):  
Economic Activity ◽  
Legal Regulation ◽  
Process Approach ◽  
Property Relations ◽  
Economic Entity ◽  
Specific Category ◽  
Category Property ◽  
Definition Of ◽  
Management Functions

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.

scholarly journals TECHNICAL AND CADASTRAL REGISTRATION OF INFRASTRUCTURE OBJECTS OF REAL ESTATE

2019 ◽  
Vol 3 (1) ◽  
pp. 102-108
Author(s):  
Olga Dudinova
Keyword(s):  
Urban Planning ◽  
Real Estate ◽  
Russian Federation ◽  
Legal System ◽  
Legal Regulation ◽  
Town Planning ◽  
Accounting System ◽  
The Russian Federation

Starting to consider the issues related to the legal regulation and implementation of the reform of technical and cadastral registration of real estate, it is impossible not to say about its role and importance for the Russian legal system. The accounting system is a certain guarantee of the rights of owners in respect of real estate. The issue of legal regulation of infrastructure facilities is still one of the most difficult in the urban planning and land legislation of the Russian Federation. The lack of effective and versatile regulatory and folding it on the basis of the practice make it very difficult town planning and investment development of territories and improvement. In this article the problems connected with legal regulation of infrastructure objects are revealed, the analysis of the current legislation and practical approaches is carried out, the classification of infrastructure objects is investigated, the essence of this concept is revealed.

The basic principles of the cadastral methodology

2021 ◽  
Vol 974 (8) ◽  
pp. 45-54
Author(s):  
S.A. Atamanov
Keyword(s):  
Real Estate ◽  
Directed Graph ◽  
Basic Characteristic ◽  
Basic Principles ◽  
The Real ◽  
The Real Estate ◽  
Property Relations ◽  
Characteristic Features

Cadastral activities, in addition to describing a property for the purpose of cadastral- and rights registration, include an algorithmically complex determination of the sequence of actions necessary to solve the matter. Their result is not only some prepared documentation, but the fact of bringing the description of the real estate and rights to it in accordance with reality, provided that the task of the interested person is completed. The subtype of real estate includes objects that possess certain basic characteristic features and can have definite situational ones. The classification of real estate on the basis of these features provides an opportunity to compare and formalize the requirements for implementation of cadastral works of disparate regulatory legal acts. The field regulating land-and-property relations is modeled as a directed graph, the arcs of which are assigned a direction depending on the type of the initial and final vertices

scholarly journals Legal Regulation of the “Garage Amnesty” in Russia: Problematic Aspects of Implementation and Possible Ways of Improvement

2021 ◽  
Vol 21 (6) ◽  
pp. 74-83
Author(s):  
E.V. Zazolina ◽  
Keyword(s):  
Real Estate ◽  
Legal Regulation ◽  
The State ◽  
Legal Basis ◽  
Property Relations ◽  
Modern Russian

Legal basis for the representation of land plots for the placement of garages is considered. The state of modern Russian legislation in relation to “garage” land and property relations is analyzed. Proposals to improve the current legislation in the field of accounting and registration procedures regarding real estate – garages, are made.

Features of Application of Article 392 of the Civil Code of Ukraine Upon Recognising the Right of Ownership of Newly Created Real Estate (A Case Study of Judicial Practice)

2020 ◽  
Vol 27 (2) ◽  
pp. 77-90
Author(s):  
Andrii Hryniak ◽  
Nadiia Milovska
Keyword(s):  
Real Estate ◽  
Property Rights ◽  
Legal Regulation ◽  
Civil Code ◽  
Practical Significance ◽  
Real Property ◽  
Real Right ◽  
Judicial Practice ◽  
Specific Object ◽  
The Right

The study of the specific features of recognition of ownership of newly created real estate is conditioned by its purpose, which is to determine the grounds for application of remedy upon recognising ownership of newly created construction object, stipulated by Article 392 of the Civil Code of Ukraine. The purpose of the study also includes identification of gaps and discrepancies in the legislation of Ukraine and judicial practice, which arise during application of the appropriate remedy for a substantive right, and the development of proposals for their elimination. In this regard, the main method of this study was comparative law, which allowed to identify and analyse different approaches to the legislative consolidation and application of such a remedy as the recognition of property rights. Upon concluding an agreement on sale and purchase of property rights to immovable property, the buyer receives a limited real right, under which it is endowed with certain, but not all rights of the property owner. Nevertheless, in recognising the ownership of newly created real estate, the study proves the feasibility of applying the method of protection stipulated in Article 392 of the Civil Code of Ukraine. It is substantiated that the buyer, who has performed its monetary obligations under the agreement on sale and purchase of real property rights, having fully paid the contractual value, is considered to have committed actions aimed at the occurrence of legal facts necessary and sufficient to obtain the legal claim for the transfer of ownership of the construction object. In this regard, it has been proved that the effectiveness of the remedy stipulated by Article 392 of the Civil Code of Ukraine, which is applied upon recognising the ownership of newly created immovable property, is aimed at levelling the possibility of further unlawful actions of third parties in relation to such property, and is achieved through the enforcement of judgement by recognition of ownership of a specific object, and in case of its destruction – by obtaining appropriate compensation. The practical significance of the study of the application of Article 392 of the Civil Code of Ukraine upon recognising the ownership of newly created real estate is that its results are designed to promote further research, to improve the legal regulation of relations, the object of which is newly created real estate, to optimise the implementation of property rights and law enforcement in this area

scholarly journals Principles of law in the continental legal family (problematic aspects of determining the essence and classification)

2021 ◽  
Vol 7 (1) ◽  
pp. 609-616
Author(s):  
Alexey Demichev ◽  
Vera Iliukhina ◽  
Kirill Demichev ◽  
Aleksandr Paramonov
Keyword(s):  
Legal Regulation ◽  
Practical Significance ◽  
Advantages And Disadvantages

The purpose of the article is to determine the essence of the principles of law in the countries of the continental (Romano-Germanic) legal family from the standpoint of various scientific approaches, as well as the classification of the principles of law. The sources that form the basis of the study are the normative legal acts of the states that are part of the Romano-Germanic legal family. The article proposes a positivist classification of the principles of law, the criterion of which is the source of fixing the principle. This classification has not only theoretical but also practical significance, as it allows determining the place of each principle in the system of principles of the branch of law and its role in the system of legal regulation. It allows identifying the nature, advantages, and disadvantages of ways to consolidate principles in the texts of regulatory legal acts, unifying and optimizing these methods.

The current state of the legislative implementation of criminal law policy

2020 ◽  
pp. 111-118
Author(s):  
Oleksandr Ostrohliad
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Practical Significance ◽  
New Approach ◽  
Public Discussion ◽  
Current State ◽  
Criminal Offenses ◽  
Legal Technology ◽  
Logical Semantic

Purpose. The aim of the work is to consider the novelties of the legislative work, which provide for the concept and classification of criminal offenses in accordance with the current edition of the Criminal Code of Ukraine and the draft of the new Code developed by the working group and put up for public discussion. Point out the gaps in the current legislation and the need to revise individual rules of the project in this aspect. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-historical. Results In the course of the study, it was determined that despite the fact that the amendments to the Criminal Code of Ukraine came into force in July of this year, their perfection, in terms of legal technology, raises many objections. On the basis of a comparative study, it was determined that the Draft Criminal Code of Ukraine needs further revision taking into account the opinions of experts in the process of public discussion. Originality. In the course of the study, it was established that the classification of criminal offenses proposed in the new edition of the Criminal Code of Ukraine does not stand up to criticism, since other elements of the classification appear in subsequent articles, which are not covered by the existing one. The draft Code, using a qualitatively new approach to this issue, retains the elements of the previous classification and has no practical significance in law enforcement. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current Criminal Code, to classify criminal offenses, as well as to further improve the draft Criminal Code of Ukraine.

THE FUNCTIONS OF THE CRIMINAL-EXECUTIVE INSPECTION FOR THE MONITORING OF PRISONERS SUFFERING FROM DRUG ADDICTION

2020 ◽  
Vol 10 (2) ◽  
pp. 210-212
Author(s):  
TATYANA TIMOFEEVA ◽  
Keyword(s):  
Drug Addiction ◽  
Legal Regulation ◽  
Drug Addicts ◽  
Legislative Regulation

The article is devoted to the functions of the criminal Executive inspections of the Federal penitentiary service in monitoring convicted drug addicts. The statistical number of this category of convicts is analyzed, problematic issues are considered, contradictions and shortcomings in the legal regulation of the procedure for monitoring convicts suffering from drug addiction, and proposals are made to improve the legislative regulation of the procedure for monitoring convicted drug addicts.

Optimization of Preparation of Civil Case for Trial

2020 ◽  
Vol 2 ◽  
pp. 24-31
Author(s):  
N. V. Alekseeva ◽  
◽  
L. N. Pavlova ◽  
Keyword(s):  
Legal Regulation ◽  
Practical Significance ◽  
The Real ◽  
Civil Case ◽  
Practical Recommendations

The article is devoted to the issue of increasing the efficiency and achieving the real practical significance of the stage of preparation of a civil case for trial in civil and arbitration proceedings. The authors draw conclusions about the need for widespread use at this stage of the obligation as a means of legal regulation and more stringent structuring and regulation of training. Practical recommendations for improving procedural legislation in terms of regulation of this stage are offered.

scholarly journals Rethinking “Disinvestment”: Historical geographies of predatory property relations on Chicago’s South Side

2021 ◽  
pp. 026377582110130
Author(s):  
Rea Zaimi
Keyword(s):  
Real Estate ◽  
Focal Point ◽  
Economic Feasibility ◽  
Private Institutions ◽  
Rust Belt ◽  
South Side ◽  
Real Estate Markets ◽  
Property Relations ◽  
And Function ◽  
South Side Chicago

As vacancy in Rust Belt cities becomes a focal point of planning and policy efforts, Chicago planners and private institutions attribute it to “disinvestment” and seek to remove barriers to real estate investment in order to unlock the market’s purported ability to bring land to “productive use.” Drawing on findings from an analysis of nearly 10,000 postwar property records in the South Side Chicago neighborhood of Englewood, this article demonstrates that vacancy stems not from disinvestment but from predatory and hyperextractive investments in housing that derive economic feasibility and legal sanction from property’s historical articulation with race. I argue that racial regimes of ownership are endemic to the operation of real estate markets and function as central modalities for the appropriation of ground rent. As an analytical lens into the political economy of land, racial regimes of ownership expand urban geographers’ capacity to address the mechanisms that mobilize difference to accommodate capital’s circulation and, more broadly, to account for the racial logics that configure the terrain of contemporary land struggles.

Sign in / Sign up

Export Citation Format

Share Document