Zadorozhnyi O. Civil law regulation of the privatization of state property.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0420U101245

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

04-09-2020

Specialized Academic Board

К 20.051.14

Kolomyia Educational-Scientific Institute The Vasyl Stefanyk Precarpathian National University

Essay

The dissertation is devoted to the complex theoretical and legal research of peculiarities of civil law regulation of state property privatization relations. Despite the fact that privatization relations are complex and involve both obligations and proprietary relations, the privatization of state property by its legal nature remains a coherent, independent legal institution that mediates the transformation, transformation of state property into private property.Thesis is proved that privatization is primarily a matter for civil law institutions, since the legal basis for privatization is laid down in Article 345 of the Civil Code of Ukraine, which directly relates privatization to the sphere of civil law regulation. In addition, this thesis is confirmed by the official interpretation of the Constitutional Court (decision of the Constitutional Court of 01.07.1998 № 9-rp in the case № 01 / 1501-97 № 1-8 / 98 (the case of privatization of state property), in which «privatization agreements» are referred to special contracts for the purchase and sale of state property, which are also covered by the relevant rules of civil law on transactions, unless otherwise follows from the legislation on privatization.

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