THEORETICAL AND PRACTICAL ASPECTS OF ESTABLISHING USUFRUCT OF STATE AND COMMUNAL PROPERTY

Abstract

Introduction. Prior to the adoption of the Law of Ukraine "On Peculiarities of Regulating the Activities of Legal Entities of Certain Organizational and Legal Forms in the Transition Period and Associations of Legal Entities" the concept of "usufruct" was not used in domestic civil law. To a certain extent, this concept corresponded to the term "personal easement" defined in Part 2 of Art. 401 of the Civil Code of Ukraine. The rapid development of social relations, the emergence of new technologies, and the adoption of new regulatory acts led to the need to reform the quasi-material rights «right of economic ownership» and «right of operational management» into clear and predictable private law constructions of use (lease) and management of someone else's property (usufruct), taking into account the experience of European countries. At this stage, the above caused the introduction into the national legal system of the construction of usufruct of state and communal property as a real right of personal free ownership and use of state or communal property without the right to alienate it.

But existing gaps and lack of system in the legal regulation of the institution of usufruct of state or communal property, the lack of established practical experience in its establishment, as well as judicial practice against the background of the mentioned changes cause active theoretical and legal research on this issue.

The purpose of the study is to analyze the theoretical and practical aspects of the transfer of state and communal property with the right of usufruct, as well as the formulation of proposals for the regulatory improvement of this mechanism. 

Materials and methods. The materials of the research are national and foreign legal acts that regulate the mechanism of usufruct establishment, as well as publications of domestic scientists on this topic of research.

The research uses general scientific and special scientific methods of scientific knowledge: historical-legal, descriptive, hermeneutic, comparative-legal, formal-logical, system analysis, legal modeling.