Elchin A. Civil and law regulations of mortgage relations on the basis of the legislation of Azerbaijan, Kazakhstan and Ukraine (outcomes of comparative legal research work).

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0414U005035

Applicant for

Specialization

  • 12.00.06 - 3емельне право; аграрне право; екологічне право; природоресурсне право

02-10-2014

Specialized Academic Board

Д 26.001.06

Taras Shevchenko National University of Kyiv

Essay

The thesis is dedicated to the comprehensive studies of different issues related to the legal regulation mechanisms of mortgage relations by the civil legislation of Azerbaijan, Kazakhstan and Ukraine, the analysis of its conceptual dispositions, the revealing of several gaps and the elaboration of recommendations to upgrade the mechanism of its legal regulation. This research work presents the conclusions made on the basis of comparative legal analysis of dispositions reflected in civil legislation of Azerbaijan, Kazakhstan and Ukraine that have a theoretical importance and a practical value to increase the efficiency of regulation of such legal relations. The thesis also takes on problems related to the legislative regulation of several types of mortgage. The main attention is aimed at descriptions which are specific in relevance to each given type of mortgage. It also studies the criteria used by current legislation to differ different types of mortgage. The necessity of enforcing a better State control in evaluating the mortgaged properties is underlined in this work. It proposes to use the licensing as a means of control in the sphere of the evaluation of immovable properties. This study is aimed at upgrading the mechanisms to ensure the fulfillment of obligations, defining the main problems in the development of legislative basis, conducting comparative analysis of the legislation of the Republic of Azerbaijan, the Republic of Kazakhstan and Ukraine and elaborating relevant proposals to improve legislation in force.

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