Kushneruk D. Foundation for the emergence of the state property under the civil legislation of Ukraine

This thesis is the first, in the domestic legal science, exclusive comprehensive research for the state property rights under the civil legislation of Ukraine. The fundamental principles of the market economy are established to have a close relation to the property relations where the grounds for the property acquisition play in this relationships far not the last role. Acquisition of the property rights is a necessary prerequisite and, meanwhile, an element of all the market processes that mediate the property movement. Grounds for the acquisition of the property rights will vary depending on who the owner is, either an individual or the state. While some grounds are the same for the both entities though, the law also provides for some special foundation for the emergence of the state property rights. As the practice shows, far not all the foundations are equally regulated by the current legislation, specifically, such a foundation as re-privatization will require both some thorough theoretical research and its appropriate enshrinement in the current legislation to defend the rights of owners and investors. Besides, it is necessary and advisable both in the theory and in practice to carry out an analysis of the foundations, types of emergence for such property rights, their classification, as well as the study of the law nature for the both universal and special foundations and types of emergence for the state property rights. The research conducted suggests a comprehensive analysis of the current legislation and legal practice on the foundations for the emergence of the state property. The methodological foundation for the research of these issues, legislation and law institutions of Ukraine, progress in the evolution of the foundations for the state property in the civil legislation of Ukraine is defined.