scholarly journals Legal Criteria For Determining Real Estate

2021 ◽  
Vol 03 (02) ◽  
pp. 100-104
Author(s):  
Nargiza Ashurovа ◽  
Keyword(s):  
Real Estate ◽  
Legal Status ◽  
Civil Code ◽  
Legal Regime ◽  
Priority Areas ◽  
The Republic

This article critically analyses legislative acts concerning the legal regime of real estate of the Republic of Uzbekistan and reviews the improvement of the legal status of real estate. In particular, on the basis of the legal characteristic of immovable property, peculiar aspects of the stay (finding) of immovable property in civil circulation, the priority areas of development of the Civil Code of the Republic of Uzbekistan are moving forward (hereinafter referred to as the Civil Code).

scholarly journals Improvement of the rules of civil law governing immovable property as objects of civil relations.

2021 ◽  
Vol 1 (3) ◽  
pp. 82-97
Author(s):  
Nargiza Ashurova
Keyword(s):  
Real Estate ◽  
Legal Status ◽  
Civil Law ◽  
Civil Code ◽  
Legal Regime ◽  
Priority Areas ◽  
The Republic

This article critically analyses legislative acts concerning the legal regime of real estate of the Republic of Uzbekistan and reviews the improvement of the legal status of real estate. In particular, on the basis of the legal characteristic of immovable property, peculiar aspects of the stay (finding) of immovable property in civil circulation, the priority areas of development of the Civil Code of the Republic of Uzbekistan are moving forward (hereinafter referred to as the Civil Code).

scholarly journals Features Of The Legal Regime Of National Parks Under The Legislation Of The Republic Of Poland

2019 ◽  
pp. 119-132
Author(s):  
N.R. Kobetska
Keyword(s):  
Nature Conservation ◽  
Real Estate ◽  
National Parks ◽  
National Park ◽  
Private Property ◽  
State Ownership ◽  
Private Land ◽  
Legal Regime ◽  
Problematic Issue ◽  
The Republic

The article presents an analysis of one of the oldest and most important forms of nature conservation - National Parks, and their regulation in the legislation of the Republic of Poland. The material is based on the systematic interpretation of the Law of the Republic of Poland «On Nature Conservation», the analysis of scientific literature and the identification of some problematic issues of implementation of the prescriptions of the legislation in practice. Much attention is paid to the theoretical characteristics of National Parks, their place among other forms of nature conservation in Poland, the functions they perform. The issues of creation of the National Park, the regime of management of its territory, organization and zoning of the National Park have been consistently revealed. It also analyzes the bans fixed within the National Park and ensures its protection against external adverse effects. Problematic issues are raised related to the removal of land and real estate from private owners, the achievement of a compromise between private economic interests and public environmental interests. A comparison of the basics of functioning of National Parks in Poland and Ukraine is also partly presented. The author focuses on the differences in the legal regime of national nature parks under the legislation of Ukraine and Poland. The Polish legislation does not distinguish as an independent recreational function and does not allocate separate recreational functions within the national park. At the same time, the organization of tourist routes and the provision of conditions for visiting the park is one of the tasks and a significant source of revenue for the national parks of Poland, and the number of visitors many times exceeds their number in the territories of the national parks of Ukraine. In the territory of the national parks of Poland (as in Ukraine) a combination of exclusive state ownership (in Ukraine - the property of the Ukrainian people) and private property is possible. At the same time, as in Ukraine, the most problematic issue is the acquisition of ownership of real estate (including private land) when creating or expanding the territory of national parks.

scholarly journals Animals as objects of civil rights: current issues

2021 ◽  
Vol 25 (1) ◽  
pp. 294-308
Author(s):  
Valentina N. Sinelnikova ◽  
Oleg A. Khatuntsev
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
System Analysis ◽  
Civil Code ◽  
Legal Rights ◽  
Social Significance ◽  
Legal Regime ◽  
The Social ◽  
Modeling And Forecasting ◽  
Definition Of

The relevance of the research is based on the heated discussion that has unfolded in recent years in connection with changes of the current legislation on legal regime of animals as objects of civil rights as well as awkward suggestions aimed at essentially reshaping the civilistic concept of animals and establishing their special legal status by recognizing them, albeit with some restrictions, as subjects of legal rights. The purpose is to analyze the genesis of animals legislation, including but not limited to international legislation, and to reveal the social significance of norms governing the conditions and procedure for acquisition of animals and the limits and principles of their treatment. The article also aims at voicing the authors position on participation in the civil circulation of animals. Research methods applied in the work are as follows: formal-legal, dialectical unity, system analysis, interpretation, modeling, and forecasting. The results of the study (conclusions) are realized in proposing to supplement Art. 128 of the Civil Code of the Russian Federation with a new term property as basic in relation to terms things, other property, and property rights. It is also recommended to expand the range of objects of civil rights by identifying animals as an independent object, clarify the revision of Art. 137 of the Civil Code, presenting in it the definition of an animal as an object of civil rights and reflecting the main criterion for classifying animals (turnover). In addition, a judgment was made on changes in Russian legislation introduced in 2020, including the Law On the Animal World, allowing amateur and sports hunting of animals in semi-free conditions and artificially created habitat. This law clearly contradicts international agreements that allow hunting (capture) of animals only for the maintenance of human livelihood.

Instrumenty prawne reglamentacji obrotu nieruchomościami rolnymi w Polsce na tle regulacji wybranych państw europejskich

2018 ◽  
Vol 72 ◽  
pp. 87-100 ◽  
Author(s):  
Paweł Czechowski ◽  
Adam Niewiadomski
Keyword(s):  
Real Estate ◽  
Legal Status ◽  
European Parliament ◽  
European Countries ◽  
Free Movement ◽  
Legal Regime ◽  
Member States ◽  
Eu Member States ◽  
Free Movement Of Capital

The article presents selected legal instruments affecting the turnover of agricultural real estate in Poland. Changes since 2016 have introduced not only a new legal regime, but also numerous restrictions on the purchase of agricultural real estate. In some respects, they correspond to the resolution of the European Parliament, which encourages EU Member States to protect the agricultural nature of real estate. The current legal status, however, significantly affects the Treaty free movement of capital. In addition, it limits constitutionally protected property. The Polish regulations have been presented against the background of the regulations of selected European countries.

scholarly journals Legal construction of the superficies until the modernization of the civil code of the Republic of Moldova and the background which lead to the amendment of the civil code

2021 ◽  
pp. 14-18
Author(s):  
Constanta Obada ◽  
Keyword(s):  
Real Estate ◽  
Civil Code ◽  
Practical Application ◽  
Republic Of Moldova ◽  
Local Literature ◽  
Legal Construction ◽  
The Republic ◽  
The Right ◽  
Over Time

The purpose of this paper is to highlight the issues related to the clarification of the essence and legal construction of the surface right/ superficies, as initially regulated by the Moldovan legislator (until 01.03.2019), due to the fact that in the local literature there were different opinions with reference to this subject, which, consequently, led to the equivocal interpretation of the norms of law in the same matter, and this interpretation, respectively, offered different solutions of practical application of the norms regarding the institution of superficies. Thus, in this paper was analyzed the evolution of the right of superficies over time and highlighted the premises that led to the change of several rules governing the institution of superficies, but also the concept of real estate, in general.

scholarly journals One Real Estate Complex: Concept and Prospects of Law

2020 ◽  
Vol 15 (3) ◽  
pp. 124-140
Author(s):  
ALEXANDR A. VEDENIN
Keyword(s):  
Civil Rights ◽  
Real Estate ◽  
Russian Federation ◽  
Legal Status ◽  
Civil Law ◽  
Civil Code ◽  
Legal Concept ◽  
The Russian Federation ◽  
Legal Concepts ◽  
Property Complex

One of the most important and discussed topics of Russian civilization is the issue of objects of civil law. The topic under study is not adequately reflected in domestic civil law and judicial arbitration practice. According to legal scholars, the ongoing changes in domestic civil legislation have not eliminated problems that relate to objects of civil law. The constant complication of civil law turnover and the development of domestic science of civil law are forced to carry out targeted work in this direction. The domestic legislator initiates the necessary new norms of civil law. As a result, this entails, among other things, the emergence of new objects of civil law. The expediency of expanding the list of objects of civil law requires a rethinking of existing legal concepts and work on serious theoretical and practical justification of new ones. In legal science and practice, the need to include the legal concept of "single immovable complex" in the current civil legislation of the Russian Federation is proved Legal scholars have formed various opinions that characterize it. Domestic civilizations have identified and analyzed the theoretical and practical shortcomings of a single immovable complex. A comparative legal study of a single real estate complex, an enterprise as a property complex, a complex thing was carried out and it is confirmed that they are not identical. Obviously, a single immovable complex is a necessary and relevant legal concept of domestic scientific thought. In order to create a single real estate complex, some conditions are needed. The rights holder of movable and immovable property by his will decides to create it. The permitting authorities, through State registration, decide to establish. Disadvantages of a single immovable complex, both theoretical and practical, are indicated. Similarities and differences in the design of the enterprise as a property complex, a complex thing, and a single real estate complex made it possible to identify the features of the legal status of the latter and distinguish it as an independent object of civil rights. Despite the fact that in the Civil Code of the Russian Federation there are such legal concepts as "enterprise as a property complex" and "complex thing," the inclusion of a single real estate complex in the current civil legislation is necessary. The legal significance of this concept is unconditional. It justifies its own point of view on the problem and the place of a single immovable complex in the system of objects of civil law. Recognizing the need for the concept of "single immovable complex" in the current civil legislation of the Russian Federation, the domestic legislator should focus on its significant theoretical and practical shortcomings that impede the effective enforcement of the provisions of Art. 1331 of the Civil Code of the Russian Federation. Domestic legislators need to give them an appropriate legal assessment, as well as suggest effective ways to solve them.

scholarly journals Legal Regulation of Efficient use of Industrial Zones: the Experience of Uzbekistan

2019 ◽  
Vol 8 (4) ◽  
pp. 7713-7715
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Legal Regime ◽  
Industrial Land ◽  
The Republic ◽  
Industrial Zones

The survey provides an overview of the legal status of industrial land. Also, proposals and recommendations have been developed to improve the legal regime for the use of industrial zones in the Republic of Uzbekistan.

The Legal Status of Local Government in South Africa under the New Constitutional Dispensation

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa
Keyword(s):  
South Africa ◽  
Local Government ◽  
Legal Status ◽  
Case Law ◽  
The Status ◽  
History Of ◽  
The Republic ◽  
First Time

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.

ADMINISTRATIVE AND LEGAL STATUS OF THE CAPITAL OF UKRAINE - THE HERO CITY OF KYIV AS A GUARANTEE OF THE RIGHTS OF CITIZENS OF UKRAINE AND THE TERRITORIAL COMMUNITY OF THE CITY

2017 ◽  
Author(s):  
Oleksii Chepov ◽  
Keyword(s):  
Legal Status ◽  
Modern World ◽  
Legal Regime ◽  
Legal Doctrine ◽  
City Councils ◽  
The Social ◽  
District Management ◽  
Definition Of ◽  
The Relationship ◽  
The City

The qualitative and clear definition of the legal regime of the capital of Ukraine, the hero city of Kyiv, is influenced by its legislative enshrinement, however, it should be noted that discussions are ongoing and one of the reasons for the unclear legal status of the capital is the ambiguity of current legislation in this area. Separation of the functions of the city of Kyiv, which are carried out to ensure the rights of citizens of Ukraine and the functions that guarantee the rights of the territorial community of the city of Kyiv. In the modern world, in legal doctrine and practice, the capital is understood as the capital of the country, which at the legislative level received this status and, accordingly, is the administrative and political center of the state, which houses the main state bodies and diplomatic missions of other states. It is the identification of the boundaries of the relationship between the competencies of state administrations and local self-government, in practice, often raises questions about their delimitation and ways of regulatory solution. Peculiarities of local self-government in Kyiv city districts are defined in the provisions of the Law on the Capital, which reveal the norms of the Constitution in these legal relations, according to which the issue of organizing district management in cities belongs to city councils. Likewise, it is unregulated by law to lose the particularity of the legal status of the territory of the city. It should be emphasized that the subject of administrative-legal relations is not a certain administrative-territorial entity, but the social group is designated - the territorial community of the city of Kiev, kiyani. Thus, the provisions on the city of Kyiv partially ignore the potential of the territorial community.

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