Klapatyi D. Share investment fund as a form of collective investing in Ukraine (civil law aspect)

The dissertation is devoted to the scientific substantiation of the theoretical provisions of the civil legal regulation of making investments in the form of a share fund. The evolution of legislative regulation of collective investing in the form of a share fund is investigated. The concept, features and place of a share fund in the structure of civil legal relations are defined. The classification of share funds according to different criteria was carried out. The peculiarities of collective investing in the form of a share fund aimed at achieving a social effect, are clarified. Attention is paid to legal relations regarding the realization of investments in the form of a unit fund. The elements of the above-mentioned legal relations are considered in detail, in particular, attention is paid to the legal status of the subjects and objects of these legal relations. The system of contracts that mediate the implementation of investments in the form of a share fund is discovered. The legal regime of share fund’s assets is investigated. The reasons and legal consequences of termination of investment activity in the form of a share fund are analyzed. Scientific-substantiated recommendations for the improvement of national legislation in the sphere of collective investing are formulated.