Journal articles: 'Real estate business, law and legislation'

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Kulikovska, Olha, Roman Stupen, Oleksandra Kovalyshyn, and Zorian Ryzhok. "ALGORITHMS FOR OBTAINING A RESIDENCE PERMIT AND PURCHASING REAL ESTATE FOR UKRAINIANS UNDER SPECIAL MARTIAL LAW CONDITIONS." Spatial development, no. 6 (December 26, 2023): 309–20. http://dx.doi.org/10.32347/2786-7269.2023.6.309-320.

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Approximately a quarter of the surveyed Ukrainian refugees and IDPs said that they plan to stay in their new places of residence, in the countries of their choice, obtain a residence permit, and purchase real estate. The legislation of Ukraine, like that of other countries, provides that ownership and other real rights to real estate, encumbrances, as well as their creation, transfer and termination, are subject to state registration. Rights to real estate subject to state registration arise from the moment of such registration. In essence, state registration is the fact of public recognition by the state of a person's right to real estate by entering information about it into the State Register of Real Property Rights. However, each country has its own regulatory requirements. Therefore, research into real estate registration procedures and algorithms for obtaining a residence permit is relevant. The study is aimed at identifying the peculiarities and algorithms for obtaining a permanent or temporary residence permit by investing in real estate or business in the country of study. real estate registration for Ukrainian citizens who went abroad during the military operations and intend not to return home but to integrate into other countries. The research objects are 9 countries of the world, namely: Turkey, Greece, Montenegro, the United Kingdom, Cyprus, the United Arab Emirates, the United States, Portugal, and Hungary. These countries are characterized by: attractiveness in terms of residence, democratic development, improvement of the quality of service provision and strengthening of trust in the government by the population, the public and the private sector. The information base of the study was based on collections of scientific papers, periodicals, and Internet resources. Summarizing the results of the study, we have constructed a diagram of the cost of investment real estate for permanent residence for the selected countries. The largest investment is required in the UK, while Montenegro has no requirements for real estate investment at all. It is determined that the procedure for obtaining the right to temporary or permanent residence through investment and registration of real estate may vary, and the package of documents required for registration also differs depending on the specific object and the circumstances of the rights to it. However, there are simple general recommendations that can help protect real estate rights and save time and money: compliance with the country's legislation; creation and proper operation of a unified registration system. This analysis will help to identify ways to implement foreign experience in Ukraine's activities in the future. The practical content is indicated by the target orientation of this study for Ukrainian citizens who are forced to stay abroad, urban planning and cadastre specialists.

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Kwon, Kyoung-Sun. "Public Law Regulation for Large-Scale Jeonse Lease Fraud (Villa King)." Korea Anti-Corruption Law Association 6, no. 2 (August 31, 2023): 41–70. http://dx.doi.org/10.36433/kacla.2023.6.2.41.

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Since the second half of last year, large-scale Jeonse lease fraud cases called “Villa King” and “Villa God” have been revealed one after another. The term “rental fraud” can be understood as “an act of stealing a lease deposit by deceiving a tenant (tenant) by those involved in a lease contract, such as a landlord (tenant), a builder, a broker, or a sales agent”. Most of the so-called “King of Villas” and “Billasin” defrauded tenants of their Jeonse lease deposits in a similar way, mainly targeting new villas or tenants of multi-family homes. The large-scale Jeonselease fraud occurred because of the difficulty in grasping the market price of new villas, the corruption of pre-sale agencies and licensed real estate agents, and the loopholes in the Jeonse lease loan and Jeonse lease guarantee insurance system. The problem of Jeonse lease fraud has existed before, but in recent years, Jeonse lease fraud has occurred nationwide and systematically because a large number of pre-sale agents, unqualified licensed real estate agents, and brokerage assistants have actively attracted tenants. Due to this Jeonse lease fraud, the Certified Brokerage Act was revised to prevent unqualified licensed real estate agents from operating, but there are no measures or regulations for sale agencies and real estate consulting companies. Therefore, it is hoped that the legislation for the sale agency business and real estate consulting business will be reorganized as soon as possible so that those with expertise and responsibility can mediate and protect the property of the people. The recent large-scale lease fraud is a complicated combination of insufficient tenant protection, guarantee insurance and lease loan system weaknesses, and legal and institutional problems of licensed real estate agents and real estate consulting companies. The large-scale Jeonse lease fraud has caused great pain and confusion, especially to the common people, and it also makes us think about the principles of private autonomy and the limitations of government intervention. The principle of private autonomy means that individuals can make their own decisions on matters related to them by respecting human dignity and values, and are also responsible for the decisions they have made. But no individual, no organization, no state is complete, and is free from unreasonable decision-making and unethical deviations and corrupt practices. And it grows through trial and error such as unreasonable decisions and corruption. I sincerely hope that the pain and confusion experienced by our society will be an opportunity to sublimate into an advanced housing welfare system and real estate transaction system.

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Tymoshchyk, L. "Property Valuation in the Property Management System: Analysis of Conceptual Problems." Modern Economics 24, no. 1 (December 16, 2020): 194–99. http://dx.doi.org/10.31521/modecon.v24(2020)-31.

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Introduction. Today, significant property assets in the form of real estate and land are in the possession of Ukraine. To make a profit from property requires an effective management system, an important tool of which is the assessment of property value. Purpose. The main purpose of the article is to consider the obstacles to the development of property valuation as one of the tools of property management. The article also explores the peculiarities of the development of Ukrainian legislation in the field of property valuation and management, presents general recommendations for the development of the property procedure. Results. The author identifies eleven conceptual problems of use and development of property valuation in the property management system. Among the most important is the lack of detailed legislative and procedural support of the property valuation procedure, in particular – the lack of a register of state property (both functionally real estate and unfinished), insufficient regulation of land and property legislation. Insufficient guarantees of observance of the rights to possession and use of property (real estate) are considered as obstacles to the growth of the role of small and medium business, and as a negative trend in the lives of people in the temporarily occupied territory. The influence on the development of property valuation of such market characteristics as competitiveness and lack of free competition, which contribute to the determination of the final value of property such factors as monopoly and government decisions, is analyzed. Conclusions. The process of property valuation occupies a significant place in the process of effective property management, but in our country this procedure is still developing. The author emphasizes that a fair and objective assessment requires, above all, respect for constitutional rights and guarantees in the field of property. The second priority area for improvement is the formation of an integrated and complete legal framework in the areas of property management and land law, the creation of a complete register of all state-owned real estate. It is recommended to pay attention to the need to study the impact of the market on the final valuation. Keywords: property valuation; property management valuation; property valuation mechanism; small business; real estate use right.

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Grigorieva, O. G. "Is the Path to Citizenship through Property Investment Possible in Russia?" Journal of Law and Administration 20, no. 1 (May 30, 2024): 75–83. http://dx.doi.org/10.24833/2073-8420-2024-1-70-75-83.

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Introduction. Real estate has undoubted investment advantages. Moreover, in a number of countries it is a bridge for simplified obtaining a residence permit or even citizenship. In Russia, the legal regime of immovable property undoubtedly has a number of advantages. The very possibility to have property on the right of private ownership (including land plots) gives owners confidence in the possession and use of real estate. The legislation on real estate is characterized by stability and is less susceptible to change. Low rates of property tax calculated on the cadastral value of the property facilitate the acquisition of real estate. The variety of real estate objects allows citizens and legal entities to own residential and non-residential premises and parking places. With the development of digitalization of state administration, the registration of rights to immovable property has become as simple and accessible as possible, allowing owners to protect their property from fraudulent schemes. Property prices in Russia are steadily rising, which also stimulates investment in this sector. Whether investments in real estate contribute to obtaining citizenship of the Russian Federation in an accelerated (preferential, facilitated, etc.) manner will be shown in this article. Materials and methods. This study is based on: 1) the totality of such methods of scientific cognition as: the dialectical method, which allowed to connect the theory of civil and land law and the practice of the Constitutional Court of the Russian Federation; the formal-legal method allowed to analyse legislative norms; the system method allowed to consider the institute of national treatment of foreign citizens in Russia as a system with internal unity and interrelations with other institutions of law (the institute of citizenship, the institute of property rights, etc.); 2) the results of the author's survey of the moderators of My Hectar Programme regarding the demand of foreign citizens for land plots sold under the Programme; 3) analysis of the Decisions of the Constitutional Court of the Russian Federation. Research results. The study found that in Russia, at the constitutional level, foreign citizens are granted national treatment, exceptions to which are provided for by federal laws. Restrictions on the rights of foreigners are stipulated by a number of federal laws. For example, civil legislation has traditionally prohibited ownership of certain categories of land plots. As a response to western sanctions, in March 2022 a special permissive procedure was introduced for citizens of unfriendly countries to acquire ownership of real estate. The legislation on citizenship of the Russian Federation does not provide for any privileges for foreigners to obtain citizenship through investments in the country's economy in general, in real estate and business in particular.Discussion and сonclusion. The Russian Federation policy regarding the rights of foreign citizens to immovable property should continue to be aimed at maximum protection of the interests of national security and sovereignty of the country, and priority opportunities for Russians to acquire real estate. Certainly, the state should stimulate foreign investment. However, in the conditions of aggravation of international relations and threats to Russia's national security, it would be advisable to introduce a permissive procedure for the acquisition of real estate for all foreign citizens, taking into account the foreigner's occupation and the purpose of acquiring real estate, sources of his income, possible links with organizations banned in Russia.

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Megawati, Ni Ketut Dewi. "PERSPEKTIF UNDANG-UNDANG NOMOR 1 TAHUN 2011 TENTANG PERUMAHAN DAN KAWASAN PERMUKIMAN TERHADAP PERLINDUNGAN HAK KONSUMEN DALAM JUAL BELI PERUMAHAN." Jurnal Magister Hukum Udayana (Udayana Master Law Journal) 5, no. 1 (May 31, 2016): 12. http://dx.doi.org/10.24843/jmhu.2016.v05.i01.p02.

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A mismatch between the administrative documents or the physical characteristics of a property offered in a contract and the actual conditions received by the client becomes an important problem in a property business. The property, which is the object of an agreement, should be in line with the legal aspects required by the legislation. The purpose of this study is to understand the legal condition of registering a property as the object of an agreement, by using consumer protection law in relation to property sales (i.e., Legislative Decree number 1 of 2011) as the perspectives. This study used normative legal framework based on Law and concept approaches as its research method. Several primary laws were collected and analyzed by a qualitative descriptive method. This study found that a property could be included as the object of an agreement if it fulfills the terms and conditions written in the Article 42 Clause 1 of Legislative Decree number 1 of 2011 on Real Estate and Residential Areas. Furthermore, a property can be an object of sales agreement if they meet several criteria written in the State Minister of Community Estate Decree’s number 09/KPTS/M/1995, with the date of issuance on 23 June 1995, about the sale and purchase of a property. It can be argued that the Legislative Decree number 1 of 2011 on Real Estate and Residential Areas might not offer a comprehensive protection to the consumer rights, and subsequently inflict physical and mental harm to the consumers.

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Ludmila, Spektor, and Zhmurko Rodion. "The legal status of a peasant (farmer) farm as a business entity." E3S Web of Conferences 273 (2021): 08015. http://dx.doi.org/10.1051/e3sconf/202127308015.

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This article examines the legal status of the peasant (farmer) economy as a subject of entrepreneurial activity which has developed to date, is the result of numerous reforms carried out in this area. In modern realities for the formation of such an association of citizens, the registration of a legal entity is no longer required, which is enshrined in Federal Law N 74-FL of 11.06.2003 “On peasant (farmer) farming”. This article examines the concept of a peasant (farmer) economy, examines the legal aspects of its activities, analyzes the legislative reforms carried out in this area, identifies current problems, and suggests ways to solve them. The article deals with the dual relationship of civil and land legislation arising in the regulation of land relations, including various transactions with land plots. The authors of the article suggest possible options aimed at eliminating the duality of this relationship, despite the fact that the land plot, taking into account the norms of civil and land legislation, can be considered as a natural object and as an object of civil relations with all the characteristics of real estate.

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Chernichkina, G. N., and A. P. Adamenko. "On the Issue of Protecting the Rights of Parties to a Financial Lease Agreement Violated in the Context of the Pandemic." Rossijskoe pravosudie 11 (October 26, 2020): 15–23. http://dx.doi.org/10.37399/issn2072-909x.2020.11.15-23.

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In the article, the authors analyze the norms of civil legislation that allow for the protection of the rights of the parties to the financial lease agreement, violated in the conditions of business restrictions (pandemics). The authors note that parties to financial leases of movable property are more vulnerable than parties to financial leases of real estate. The authors, taking into account the explanations of the Supreme Court of the Russian Federation on the application of civil law provisions in the context of the pandemic, make recommendations to small and medium-sized businesses-parties to the financial lease of movable property to protect their rights. It is proposed to introduce the concept of a moratorium on the performance of obligations in the context of a pandemic into civil law.

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Grigorieva, O. G. "Strengthening of the Notary's Financial Responsibility in the Aspect of Invalidation of Notarized Transactions." Journal of Law and Administration 18, no. 3 (October 18, 2022): 19–25. http://dx.doi.org/10.24833/2073-8420-2022-3-64-19-25.

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Introduction. The number of real estate transactions certified by notaries is growing every year. Сompared to 2020, the number of transactions with non-residential real estate certified by notaries increased by 24%, with residential premises - by 13% The Federal Notary Chamber notes. It happens due to the continued trend of legislative expansion of real estate transactions subject to mandatory notarization, as well as the desire of citizens and organizations to obtain maximum legal guarantees and protection of their property rights and interests. The powers of a notary in real estate transactions are very wide. So, the notary himself can request supporting documents, check wills, powers of attorney, pledge of property based on the data of registers, draw up an agreement correctly, send a package of documents to the Federal Service of State Registration, Cadastre and Cartography (Rosreestr) authorities for state registration of the transfer of ownership, hand over the registered agreement to the parties, etc. At the same time, annually facts of notaries participation in fraudulent schemes with real estate, recognition by courts of notarized transactions as invalid (due to nullity), bringing notaries to disciplinary and criminal liability are revealed. The article provides specific examples from judicial practice and statistical data confirming this thesis, substantiates proposals for further improvement of civil legislation in order to prevent fraudulent actions with real estate and violations of the legal rights of citizens and organizations committed with the participation of notaries.Materials and methods. This study is based on a combination of such methods of scientific knowledge as: the dialectical method, which made it possible to connect the theory of civil and inheritance law and judicial practice; the formal legal method made it possible to analyze legislative norms; the systematic method allowed us to consider the institution of liability of notaries as a system with internal unity and interconnections with other institutions of law.The results of the study. In the course of the study, the provisions of the Fundamentals of the legislation of the Russian Federation on the notary, regulating the goals and objectives of the notary in ensuring the protection of the rights and legitimate interests of citizens and legal entities, the Civil Code of the Russian Federation on the recognition of transactions as invalid, were analyzed. The judicial practice on invalidating certain real estate transactions certified by notaries (including from the author’s personal practice), the statistics of the Ministry of Justice of Russia on bringing notaries to criminal and disciplinary liability, the number of complaints against the actions (inaction) of notaries, on the recognition invalid transactions, insurance compensation for losses incurred through the fault of notaries in 2019-2021. The conclusion is substantiated that the victims of fraudulent actions with real estate involving notaries are, as a rule, pensioners, the disabled, whose rights and legitimate interests need special legal protection. Such facts, to a certain extent, undermine the trust of the participants in the property turnover in the institution of the notary. A number of gaps in civil legislation and legislation on notaries in the area under study have been identified, and proposals have been formulated to fill them. Discussion and conclusion. The strengthening of the role of a notary in the process of real estate transactions, the improvement of technologies for notarial actions (remote transactions, transactions using an electronic digital signature, the introduction of the "electronic notarized power of attorney" service, etc.) certainly correspond to the dynamics of modern property turnover. However, at the same time, fraudulent schemes with real estate are also being improved, in which, as evidenced by judicial practice and statistics, notaries themselves are involved. For maximum legal protection of the interests of participants in property turnover, it is proposed to include in the legislation the norms on compensation by notaries of the full market value of property lost through their fault, lost profits, as well as moral damage, damage to business reputation and court costs incurred due to illegal actions of notaries of the parties to the transaction. It is also proposed to legislate the presumption of moral harm to the citizens participating in the transaction, which, according to the court decision that has entered into force, is declared invalid due to nullity.

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Carbonara, Sebastiano, and Davide Stefano. "An Operational Protocol for the Valorisation of Public Real Estate Assets in Italy." Sustainability 12, no. 2 (January 19, 2020): 732. http://dx.doi.org/10.3390/su12020732.

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The Italian Treasury Department reports that a quota of the country’s public real estate assets, with an estimated value of some 63 billion euros, consists of properties not directly utilised by the State Government and is therefore available for decommissioning alienation; in other words, for adaptive reuse. Numerous legislative initiatives dedicated to this issue over the past 30 years have produced very few comforting results. A plausible explanation for these shortcomings can be traced to the gap between established regulatory principles and the possibilities/capacities of local institutions to apply them. Put another way, legislation and indications, many of interest, have not been supported by adequate economic, structural, and organisational resources. The underlying question is, what is the structure of the decision-making process behind the sale or redevelopment of real estate assets? Beginning with these premises, this paper proposes an operational Business Process Modelling protocol that develops three different indexes—urban values index (Ivu), use index (Iut), and technical-maintenance index (Itm)—which may suggest three hypothetical scenarios of valorisation and three lines of action. A test of this model using a selection of public buildings owned by the City of Pescara showed it to be prognostic of some of the choices subsequently made by the municipal administration.

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Nesterenko, K., and O. Bulhakova. "Administrative procedure as a new stage of interaction between government bodies and society." Analytical and Comparative Jurisprudence, no. 6 (December 27, 2023): 482–86. http://dx.doi.org/10.24144/2788-6018.2023.06.83.

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The article analyzes the provisions of the Law of Ukraine «On Administrative Procedure» from the point of view of changes in administrative proceedings for persons who directly participate in work under the general administrative procedure. It was found that before the adoption of the Law of Ukraine «On Administrative Procedure» there was no general administrative procedure in Ukraine, but all spheres of interaction of the state with citizens and business were regulated by different rules (special laws, resolutions, instructions, etc.), which led to disputes between different legislative acts. The construction of the system of procedural legislation is defined. It was emphasized that the interaction procedure should become unified, effective, oriented to the needs of citizens and businesses, and transparent. And the introduction of a general administrative procedure will bring Ukraine closer to the standards of the European Union, because similar laws operate in all EU member states as an integral part of the right to proper administration. It has been proven that the Law of Ukraine «On Administrative Procedure» will be applied to proceedings that arise during the execution of inspection powers in the field of control and supervision, as well as in the field of providing administrative services (in the field of business registration, real estate, issuing permits, certificates, licenses). The conclusion is substantiated that the Law of Ukraine «On Administrative Procedure» provides private individuals with real opportunities to prove their own position during the resolution of the specified range of issues. In the process of reviewing new legislation, an attempt was made to identify problematic aspects that need to be resolved. In particular, it is about the lack of appropriate informational and professional support for persons who directly participate in the work under the general administrative procedure. The generalizations made made it possible to provide recommendations to administrative bodies and their employees, who must ensure a fair and legal resolution of cases for the fruitful exercise of their powers.

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Dub, Andrii R., and Tetyana V. Medynska. "The Tax Policy During the Wartime and Its Impact on the Local Budget Revenues." PROBLEMS OF ECONOMY 4, no. 54 (2022): 214–21. http://dx.doi.org/10.32983/2222-0712-2022-4-214-221.

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The easing of tax legislation after the outbreak of war was aimed at supporting business and ensuring the functioning of the economy. However, its impact on local budget revenues was ambiguous. Some changes to the tax legislation during martial law had a negative impact on local budget revenues, while others had the opposite effect. The purpose of the article is to identify the impact of tax policy on the formation of local budget revenues during the wartime and to assess the prospects for filling local budgets with tax revenues in the short term. The publication characterizes the tax changes introduced after the outbreak of war in terms of taxes that have a direct impact on the formation of local budget revenues – personal income tax, single tax, land payment, tax on real estate other than land, excise tax on fuel, alcohol and tobacco products. The authors analyze the tendency in changes in tax revenues of local budgets by region. It is found that the introduced tax changes have had a negative impact on local budget revenues from property tax (land payment, tax on real estate other than land, transport tax) and from excise tax on fuel. At the same time, the growth of tax revenues from personal income tax, single tax, and excise tax on alcohol and tobacco products in total ensured a 13.5% increase in local budget revenues compared to the previous pre-war year. However, against the background of the overall growth of local budget revenues, there was a decline in tax revenues in the regions, some parts of which remain under russian military occupation (Zaporizhzhia, Kharkiv, Kherson, Donetsk, and Luhansk regions). The authors critically assess and substantiate the prospects for filling local budgets with tax revenues in the short term. In the near future, we can expect an increase in tax revenues of local budgets, given the possible abolition of «tax relaxations» against the background of the successes of the Armed Forces of Ukraine, which positively affect the business expectations of enterprises and intensification of their business activities.

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Jadalhaq, Iyad Mohammed. "Fundamentals of the Real Estate Legislative System and Its Impact on Sustainable Development: Dubai Case Study." Arab Law Quarterly 31, no. 4 (November 6, 2017): 388–410. http://dx.doi.org/10.1163/15730255-12314030.

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Abstract The real estate legislative system is one of the bases of the sustainable development process. This research focuses on the role of the legal system in sustainable development, according to the most prominent relevant international reports. The uae ranked forty-first globally in the Human Development Index (hdi). In the World Bank’s ‘Doing Business Report’, the uae ranked second globally and first in the Middle East and North Africa (mena) for the ‘Dealing with Construction Permits’ indicator. Thus, the Emirate of Dubai is deemed the second-best city in the world in terms of ease of dealing with construction permits. For the ‘Registering Property’ indicator, the uae ranked tenth globally and first in the Middle East and North Africa (mena). Despite the uae’s great achievements in terms of developmental ranking at the global level, there is still more to achieve in the field of development.

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Sekarmadji, Agus, Regine Wiranata, and Oemar Moechthar. "Pre-Project Selling in A Property Business: The Perspective of Islamic Law." Justicia Islamica 18, no. 1 (February 9, 2021): 19–38. http://dx.doi.org/10.21154/justicia.v18i1.2247.

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Actors in the real estate market have developed a marketing strategy in the form of pre-project selling. This strategy is conducted to perform a market test for any property a developer intends to market. However, in practice, the system often poses problems, such as misrepresenting the property and inflicting customers' financial losses. From the perspective of Islamic law, this type of transaction is characterized as gharar (uncertainty, deception, and risk), having no exact object, and having forbidden. This article uses a Sharia-based perspective to analyze the characteristics of pre-project selling. This research aims to determine the legality of pre-project selling under Sharia law and prescribe solutions for society. The method used in this article is legal research, using legislation-based, conceptual, and case-based approaches, along with a comparison of national legislation with the written text of the al-Qur’an and hadith. The paper concludes that while pre-project selling should not be legally banned, there need steps taken to reduce its risks. This could be applied, for example, by creating minimum prerequisites for allowing pre-project selling, such as the existence of a plot for construction or the requirement of permits to be obtained before the pre-project sale. This research contributes to the development of legal science in general and Islamic jurisprudence, especially regarding Islamic law agreements' validity.Pelaku usaha dalam bidang properti telah mengembangkan strategi pemasaran berbentuk pre-project selling. Strategi ini dilakukan untuk melakukan tes pasar properti yang hendak dipasarkan oleh pengembang. Namun, dalam praktek, system ini sering menimbulkan masalah, seperti misrepresentasi terhadap properti, yang menimbulkan kerugian finansial pada pembeli. Dari perspektif hukum Islam, transaksi semacam ini merupakan transaksi gharar, yang tidak memiliki obyek yang jelas, dan dengan demikian dilarang. Artikel ini menggunakan perspektif berbasis syariah untuk menganalisa karakteristik dari pre-project selling. Tujuan riset ini adalah untuk menentukan legalitas pre-project selling dalam hukum Syariah dan memberikan solusi bagi masyarakat secara umum. Tulisan ini menyimpulkan bahwa sementara pre-project selling tidak perlu dilarang secara hukum, perlu ada langkah-langkah yang diambil untuk mengurangi risikonya. Hal ini dapat dilakukan, misalnya, dengan membuat prasyarat minimum untuk mengizinkan pre-project selling, seperti keberadaan sebidang tanah untuk konstruksi, atau persyaratan bahwa izin diperoleh sebelum penjualan. Penelitian ini berkontribusi pada pengembangan ilmu hukum pada umumnya dan ilmu hukum islam pada khususnya, terutama terkait keabsahan perjanjian di dalam hukum Islam.

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Zakaria, Badaruddin, Heri Kusmanto, and Fikarwin Zuska. "The Participants' Role of DPD Real Estate Indonesia in Regional Policy Formulation in Medan City." Journal of Law and Sustainable Development 11, no. 11 (November 23, 2023): e1609. http://dx.doi.org/10.55908/sdgs.v11i11.1609.

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Objective: In the process of formulating the policy agenda, both in the central and regional governments, the influence of actors is very large. This happened with the Medan City Government, whose kinship structure is still well preserved in order to create separate opportunities for particular groups to form relationships with power holders who abuse their authority in the process of developing a policy agenda. This can be studied by looking at Regional Regulation Number 3 of 2011 on Rural and Urban Land and Building Taxes. Method: The method of this research is descriptive research with a qualitative approach, and it employs William Dunn and Budi Winarno's theory of public policy as well as Gidden, Gaffar, Thoha, and Truman's theory of interest groups. Result: The results of this research show that in the stipulation of Regional Regulation Number 3 of 2011 in Medan City, there is a role for legislative interest groups who fight for personal and group interests on behalf of the people's interests to put pressure on the Medan City government so that PBB is low in proposing tariffs and selling value of tax objects for the property business (on behalf of the real estate group) due to orders from property entrepreneurs engaged in. Conclusion: This interest group has the most clout, particularly in providing legal input and information on whether or not a regional regulation has been issued. Meanwhile, the legislature serves as a sponge for those who defend and fight for the community's interests. Furthermore, other mass organizations are more actors who oversee the process of developing regional regulations rather than the legislative process of defending and fighting for the community's interests.

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Xhixho, Erisa, and Henris Balliu. "Money laundering - Harmonization of Albanian legislation in the framework of EU membership." Balkan Journal of Interdisciplinary Research 10, no. 1 (May 1, 2024): 63–76. http://dx.doi.org/10.2478/bjir-2024-0006.

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Abstract The 2022 strategic report on international narcotics control of the United States Department of State, estimates that Albania remains a country susceptible to money laundering, due to corruption, the presence of organized crime networks, as well as deficiencies in legislation and supervision.1 Whereas, according to the Basel Index for the risks of money laundering and terrorist financing, Albania ranks 93rd out of 152 jurisdictions, with 4.75 out of 10 points.2 The main sources of money laundering are related to drug trafficking and other organized crime activities, while the most widespread methods of money laundering are construction, real estate and business development projects.3 Despite the reform of justice and efforts to improve the fight against money laundering, the country faces challenges in terms of capacities, insufficient supervision of some sectors, as well as the lack of cooperation between law enforcement and supervisory bodies. Albania is in the conditions of insufficient control mechanisms, in relation to the size of informal money. Referring to the report of the European Commission for Albania of 2023, the problems related to money laundering in the country remains an area that requires attention and further results.4 Also, the report shows that Albania has made progress in terms of implementing the recommendations of the Committee of Experts for the Evaluation of Measures against Money Laundering and the Financing of Terrorism (hereinafter: Moneyval),5 as well as the action plan of the Special Financial Action Task Force (hereinafter: FATF),6 with the aim of improving effectiveness in the field of money laundering. Also, since February 2020, Albania is part of a political commitment to engage with the FATF and Moneyval, in the framework of the fight against money laundering and the financing of terrorism.

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ALHUDEEB, Faeza Abdulameer Nayyef. "WOMEN IN MESOPOTAMIAN CIVILIZATION." International Journal of Education and Language Studies 2, no. 04 (December 1, 2021): 10–21. http://dx.doi.org/10.47832/2791-9323.4-2.2.

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The ancient Mesopotamia had ancient civilizations such as Babylonian and Sumerian, which provided many civilizational achievements, such as laws and legislation, which urged respect for women's rights and other legislations to protect such laws, such as the reforms of Prince Urkagina and the law of Hammurabi, which emphasis on some women's rights and dignity and curb violations of men's abuse. However, in most agricultural civilizations, especially the Mesopotamian, the status of women has declined in a patriarchal society. Men direct all aspects of life with their different diversities, make major decisions, and women have to obey this masculine authority. Father, or husband after marriage and family formation. Despite this, the status of women in Mesopotamia was much better than that of other ancient civilizations such as Greek and the Roman. Sumerian women had more rights than women had in the Akkadian, Babylonian and Assyrian cultures. A Sumerian woman can own real estate, run a business alongside her husband, and can be a priest, a writer, a doctor,or act as a judge. It is a tribute to the representatives of the earthly Gods, and it is a source of pride for them. Service of the girls in the temples is also a pride for their fathers. Babel was unique in the way she treated women's rights and status. Babylonian society retained the traditions of the motherly era, and women often took precedence over men. Women were also allowed to enjoy different levels of independense, but they were always subject to men. The laws of Hammurabi presented first model of the laws in the entire ancient world. The status of women in the old Babylonian law has reached an important amount of social, human and legislative progress. Legislation on marriage, its forms, divorce, cases, abuse and marital irregularities, incest and adultery. As for the status of women in the Assyrians, their social status has declined compared to their status in the Sumerian and Babylonian civilizations. They were considered to be the property of men, and they have the right to deprive them of everything they own. Assyrians were also among the oldest religious peoples who subjected women to hijab and included head and face jackets. Only free women were permitted to wear headscarves, while odalisque wore hijab when they went out with their master.

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Жукова, О. В. "Investment platform as a modern financial tool for attracting private investment in mortgages in Russia." Voprosy regionalnoj ekonomiki, no. 3(48) (September 17, 2021): 102–10. http://dx.doi.org/10.21499/2078-4023-48-3-102-110.

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В России с 01.01.2020 года изменились инвестиционные возможности частных инвесторов. Вступил в силу федеральный закон №259-ФЗ «О привлечении инвестиций с использованием инвестиционных платформ и о внесении изменений в отдельные законодательные акты Российской Федерации», который систематизировал платформенные решения для инвестиций онлайн в единый цифровой ресурс «Инвестиционная платформа». Частным инвесторам предоставляются государственные гарантии в части действия финансового механизма, тогда как предпринимательские риски они несут самостоятельно. В статье автор рассмотрит возможности частных инвесторов составить конкуренцию банкам в качестве первичных кредиторов в недвижимость, и конкретно, инвестировать собственные средства в ипотеку на приобретение недвижимости. Это ещё один шаг к секьюритизации ипотечных активов. Рынок ценных бумаг характеризует деловую активность инвесторов, а ипотека должна стать ещё доступнее для граждан. In Russia, since 01.01.2020, the investment opportunities of private investors have changed. Federal Law No. 259-FZ «On attracting investments using investment Platforms and on Amendments to Certain Legislative Acts of the Russian Federation» has entered into force, which systematized platform solutions for online investments into a single digital resource «Investment Platform». Private investors are provided with state guarantees regarding the operation of the financial mechanism, while they bear the business risks themselves. In the article, the author will consider the possibilities of private investors to compete with banks as primary lenders in real estate, and specifically, to invest their own funds in a mortgage for the purchase of real estate. This is another step towards the securitization of mortgage assets. The securities market characterizes the business activity of investors, and mortgages should become even more accessible to citizens.

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Sampson, Michael P. "The “Build-to-Suit” Tax-Deferred Exchange." ATA Journal of Legal Tax Research 2, no. 1 (January 1, 2004): 83–102. http://dx.doi.org/10.2308/jltr.2004.2.1.83.

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Recently skyrocketing real estate prices have caused taxpayers to intensify their efforts to utilize the tax deferral benefits of Internal Revenue Code §1031 to put their newly found tax-free dollars of equity to work to accomplish a variety of business and investment objectives. Goals can range from tax benefits such as creating or increasing depreciation deductions by exchanging into more highly leveraged property to economic benefits such as taxfree diversification or consolidation of investment properties. Of increasing interest is the use of tax-deferred exchange dollars to build or improve property to suit the specific needs of the taxpayer rather than acquiring existing property that might not be as suitable. Although taxpayers have experimented with these so-called “build-to-suit” exchanges since the Tax Court sanctioned the prototype transaction in its 1962 Baird v. Commissioner decision, subsequent statutory and administrative pronouncements have refined the technique and provided more certainty for structuring a variety of transactions. This article examines the legislative, judicial, and administrative history of build-to-suit taxdeferred exchanges, and suggests ways to structure transactions in a variety of business and investment scenarios.

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DULSKA, Iryna. "OPPORTUNITIES FOR DIGITALIZATION OF TERRITORIAL COMMUNITIES AND SMART SPECIALIZATION OF THEIR DEVELOPMENT IN THE CONDITIONS OF DECENTRALIZATION REFORM IN UKRAINE." Economy of Ukraine 2021, no. 4 (April 24, 2021): 68–87. http://dx.doi.org/10.15407/economyukr.2021.04.068.

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The directions, levers of expansion of digitalization of spheres of activity of territorial communities and local self-government bodies in Ukraine, which in the conditions of reforms of decentralization and administrative-territorial system received a considerable volume of powers, considering available technological, institutional, financial preconditions, are investigated. The experience of local self-government bodies in expanding the range of application of digitalization of territorial communities for their smart specialization and finding sources of funding for digital infrastructure development projects is studied. Thus, a significant proportion of them plan to create e-registers of their resources (human (demographic), natural, land, real estate, business, recreational and tourist, etc.) for a number of reasons: i) as a result of administrative reform (consolidation of the district network) there is a need for redistribution between district councils of reorganized districts (490 units before) and consolidated newly created ones (136 units now); ii) decentralization reform continues with the redistribution of powers between local executive bodies and district councils and between them and the united territorial communities in the newly created districts; iii) the process of transformation of project territorial communities (1473 units) into united territorial communities by creating new ones or joining existing united territorial communities is still underway; iv) powers are redistributed between the new bodies of local self-government and territorial subdivisions of the central bodies of executive power within the framework of their transformation into bodies according to the type of prefectures (for control of observance of the legislation). Difficulties of succession of legal entities with the transfer of property, land exist due to the fact that new self-government bodies were created after the local elections of October 25, 2020, and legislation on succession has not been adopted (exists in the status of the draft Law of Ukraine), while changes to the Budget Code of Ukraine with the new administrative-territorial structure of Ukraine and the formation of new subjects of power at the level of united territorial communities have been introduced by law. The digitalization of the territorial communities is also particularly important during the COVID-19 pandemic, when sectors that meet the basic needs of modern man are moving online, minimizing the need to leave home to live, do business and be productive.

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Kim, SeungRae, and YOUNHWAN LEE. "A Retrospective on the policy of the Aggregate Buildings in 2021 and the Prospect for 2022." Korean Institute for Aggregate Buildings Law 42 (May 25, 2022): 25–72. http://dx.doi.org/10.55029/kabl.2022.42.25.

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The Aggregate Buildings Act is a law to regulate the ownership of each part for an independent purpose, that is, the divided ownership, when several structurally separated parts of a building can be used as an independent building. Act' (Act No. 3725 on April 10, 1984, hereinafter referred to as the Aggregate Buildings Act) was enacted. With the development of architectural technology, aggregate buildings are becoming taller than skyscrapers, and in the 2000s, as the architectural style of residential and commercial complexes became common, the conflicts between stake holders over aggregate buildings are deepening. Although the Aggregate Buildings Act is insufficient according to this trend, it has reflected advanced legislation and policies through several revisions. 2020. 2. 4. The partially amended Aggregate Buildings Act (enforced on Feb. 5, 2021) rationalizes the quorum for a resolution to change the common part of the aggregate buildings, and establishes a system for changing the common part that causes changes in rights. At the same time, by introducing a system for reporting the appointment of managers of aggregate buildings, and making the management of aggregate buildings more transparent, such as requiring managers of aggregate buildings with more than a certain number of exclusive parts to undergo an audit by an auditor, The main content of the amendment is to create a stable residential and business environment. Reflecting on the aggregate buildings policy focusing on the contents of the revised Aggregate Buildings Act that was implemented on February 5, 2021, and further reviewing the housing policy shown in the '2021 Ministry of Land, Infrastructure and Transport Main Business Promotion Plan' of the Ministry of Land, Infrastructure and Transport in 2021; Furthermore, we would like to forecast the '2022 major business plan' and '22 government work report - real estate market stability-' policies. The revised system and policy retrospective in the 2020

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Radulović, Aleksandra, Dubravka Sladić, Miro Govedarica, Aleksandar Ristić, and Dušan Jovanović. "LADM Based Utility Network Cadastre in Serbia." ISPRS International Journal of Geo-Information 8, no. 5 (May 6, 2019): 206. http://dx.doi.org/10.3390/ijgi8050206.

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The utility network cadastre in Serbia is the main register of utility lines and the rights to them. The Law on State Survey and Cadastre states the necessity for implementing a unified information system of both a real estate and utility network cadastre, but this has not been achieved in practice. The reasons for such a unified information system are to ensure easier maintenance of the rights of both the utilities and properties located above or below them, to ensure more efficient procedures for obtaining the consent for placement, repair, or removal of the utility line, to prevent procedures being executed based on outdated data, to build an information system as the law prescribes, and to facilitate the business processes in the Serbian geodetic authority, since it is responsible for both registers. Therefore, an already-developed LADM (Land Administration Domain Model)-based country profile for Serbia should be extended to include information from the utility network cadastre. An analysis of Serbian legislation showed the necessity of extending the class set of the utility network cadastre by further specialization of the LADM LA_LegalSpaceUtilityNetwork class. Furthermore, such a system will support the maintenance of utility network data. In practice, when there is a change made on utility lines by the right holders, it is necessary to implement the change in the register. In many situations, this is not done, and the actual state does not correspond to the one in the register. Usually, modern technologies, such as ground penetrating radar (GPR) and LIDAR, are used for data acquisition in order to provide an update of the utility network data. Since these technologies produce 3D data, we analyzed how to link that data to the traditional 2D spatial paradigm.

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Sonnekus, JC. "Regspraak: ’n Verrykingseis behoort slegs suksesvol te wees mits ongegronde verryking ter sprake is en ’n deliktuele vordering slegs mits aan al die aanspreeklikheidsvestigende elemente voldoen is." Tydskrif vir die Suid-Afrikaanse Reg 2021, no. 4 (2021): 794–823. http://dx.doi.org/10.47348/tsar/2021/i4a7.

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This decision of the supreme court of appeal to which two acting judges of appeal have made undisclosed contributions and with which the other members of the bench concurred, is not a model of precise formulation nor a clear application of the legal principles that should have been applied. Instead of a determinable careful breakdown of the various legal principles involved, the judgment dismissed the appeal of the bank. Consequently, the Spar claim for presumably more than R10 million was upheld provided that all the costs involved in the litigation through three levels of the high court were totalled. This was done without a clear indication of the remedy or remedies applied, because all the requirements for the potentially applicable remedies were not shown to have been met. In this civil matter, reference is made to claims founded on theft, unjustified enrichment, and breach of a duty to take care, apart from the apparent reliance on a presumed perfected general notarial bond and a perceived short-term business lease for the lessor’s own account. Spar entered into a franchise agreement with Umtshingo, a company represented by Paulo in Nelspruit, and as a consequence provided the three outlets doing business under the Spar banner with all the applicable stock under a credit agreement. Spar was not aware of the fact that the Kwik Spar was never part of the Umtshingo company but was a close corporation, and as such, a separate legal entity. Any agreements, including the purported general notarial bond entered into between the company and Spar, were res inter alios acta as far as the close corporation was concerned. The supreme court of appeal, notwithstanding the clear position stated in section 29(1) of Act 69 of 1984, held that the close corporation was “de facto, a division of the whole business” of the company. This is clearly wrong. Each outlet had its own separate bank account with the appellant. Spar was under the impression that it had safeguarded its risk as credit provider with a registered general notarial bond, which was enhanced with a perfection clause over Umtshingo’s movable property. When Umtshingo defaulted on its performance liability, Spar applied for and obtained an interim perfection order and presumed that it was consequently entitled to immediately manage the outlets for its own account and benefit. In reality, the interim perfection order was never confirmed; instead it was dismissed at a later stage. Even if it had been confirmed, the outcome of a perfection order is merely to put the mortgagee in the position of pledgee. The latter is never entitled to dispose of the objects of the pledge. This is the usual business of an outlet that sells groceries or liquor. Because the perfection order was never finalised, the mortgagee had no limited real right to the movables of its debtor and it could at most claim preference to the free residue on liquidation of the mortgagor as debtor. The judgment does not refer to these consequences of section 102 of the Insolvency Act nor to the requirements for a special notarial bond over movables as prescribed in Act 57 of 1993. The supreme court of appeal, however, did not distance itself from the premise which underlies the decision of the full bench that Spar was the mortgagee of a special notarial bond in this matter. Spar presumed that it had also entered into a short-term business lease agreement with Paulo, but the court of first instance had already found that, based on the facts, there never was a signed agreement. The supreme court of appeal ignored this finding of the factual position and premised its judgment on the perceived agreement. Spar was under the impression that, as a consequence of the perfection order and/or the business lease agreement, it was entitled to expect performance from Paulo and from the bank, notwithstanding the fact that Spar was not the account holder of the applicable accounts reflecting the sums credited to the accounts of Umtshingo via the available speed point card machines in the outlets. In reality, in the absence of any binding agreement with Paulo as effective director of Umtshingo as the debtor of Spar or a binding court order to this effect, Spar had no claim to performance in this regard to compel either Paulo or the bank where Umtshingo held its accounts, to ringfence the accounts of Umtshingo at any stage. Because Spar neglected to inform itself of the factual position after having taken control of the outlets regarding the legal position of the close corporation, Spar never applied for a court order against the close corporation before it was too late. But for exceptional legislation, all legal subjects can only have a single estate; the same competencies and entitlements of the legal subject apply to all assets forming part of this estate. Neither by means of a mere unilateral act nor by means of an agreement can an additional separate estate be created for any legal subject. The so-called perceived demand to ringfence some assets of Umtshingo had no legal effect unless it was confirmed by a valid court order as eg during preliminary liquidation proceedings or under business rescue proceedings as governed by the Insolvency Act or the Companies Act. On the premise that there was a perceived valid agreement and/or a valid perfection order, Spar expected to benefit from all sales conducted under its management of the three outlets. In reality, the credit channelled via the old speed point machines went straight into the dedicated accounts of the account holders. Paulo, in accordance with his entitlement as sole director of the company and sole member of the close corporation, made disbursements from these accounts. The bank set off the major portion of its customers’ indebtedness to the bank against the credit in the customers’ account that derived from the deposits. According to the judgment, in so doing, Paulo was guilty of theft and the bank was not entitled to the set-off. Although South African law adheres to the presumption of innocence until found guilty by a criminal court, no reference is made in the decision indicating that Paulo has already been found guilty of theft or that a criminal process has even been instigated against him. It is submitted that theft can only apply to the unlawful intentional appropriation of movable corporeal property of another from the latter’s possession. The credit, which was created via the speed point machines at the cashier’s check-out points in the shops, was at no stage movable corporeal property in possession of Spar. It was immediately reflected on deduction from the account of the buyer in the account of the relevant account holder – Umtshingo or Central Route. Spar could have prevented this by removing the old speed point machines and by providing alternative card readers linked to Spar’s own bank account. By neglecting to do so, Spar created its own prejudice. At no stage was the bank unjustifiably enriched by the set-off performed. There was no acknowledged source for a perceived legal duty of the bank to safeguard the interests of Spar as a third party. In the absence of an agreement with Umtshingo or Paulo, Spar had no contractual right to performance that the bank was not supposed to infringe on by permitting his client in the absence of an applicable court order to disburse funds standing to its credit or to set-off its client’s liabilities against the credit available. No bank is under legal obligation or duty to safeguard the interest of third parties; even a public authority needs to rely on applicable legislation if it wants to compel a bank to put a hold on credit in an account suspected to be the fruits of criminal activity. For this reason, eg Act 121 of 1998 makes provision in section 50 to apply for a forfeiture order because, without it, no bank is deemed to be the guardian angel of an unconnected third party’s interests regarding assets held in its client’s accounts. In view of this judgment, some old adages have regained significance – Roma locuta; causa finita est … ex Africa semper aliquid novi.

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Sathye, Milind, and Jesmin Islam. "Adopting a risk‐based approach to AMLCTF compliance: the Australian case." Journal of Financial Crime 18, no. 2 (May 10, 2011): 169–82. http://dx.doi.org/10.1108/13590791111127741.

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PurposeThe purpose of this paper is to develop a possible method of money laundering and terrorism financing (MLTF) risk assessment in non‐bank entities that are the subject matter of anti‐money laundering and counter terrorism financing (AMLCTF) Tranche II in Australia.Design/methodology/approachThe objectives are achieved by proposing a scorecard of risk assessment under its various dimensions drawing from the literature on credit‐scoring models. The method of analogy has been used and appropriate changes made to the elements of typical credit‐scoring model to arrive at a risk assessment model under AMLCTF II. The theory in which the paper is grounded is theories of money laundering regulation. Theory suggests an inverse relationship between money laundering regulation and the amount of money laundering. The more effective the regulatory mechanism the more costly it is for money launderers to launder funds and the lesser the amount of money laundering.FindingsIt was found that the AMLCTF Tranche II will impose several obligations the AMLCTF Tranche II legislation will impose several obligations on the entities such as accounting firms. These obligations require the identification, mitigation and management of MLTF risk arising out of provision of product/service. Two types of risks need to be managed by entities: regulatory risk and business risk. This paper, therefore, proposed a possible method for approaching the issue of risk assessment drawing from the literature on credit‐scoring models.Research limitations/implicationsFuture studies can undertake such surveys and gather more empirical evidence regarding the application of the model suggested and its utility in real world scenarios.Practical implicationsThe approach developed in this paper has value to the policy makers in the government in addressing risk assessment policy issues in the MLTF area in the context of non‐bank entities such as professional services, e.g. that of accountants. The relevant bodies will also find value in this paper because currently there is no guidance as to how to address the issue. Also, future academics/researchers can take this first approach as a guide and go on do further research in this area and to refine policy issues in this area. No established practice exists in this area at the moment. This paper attempts to provide a guideline.Originality/valueThis paper addresses a major unanswered question in the subject of anti‐money laundering. The question addressed in this paper, which has not been researched before is how MLTF risk can be assessed in the context of non‐bank entities such as professional services, e.g. that of accountants. The model will be useful to user groups such as organizations dealing with bullions, precious stones and precious jewellery, real estate, professional and business services such accounting, auditing and financial services for implementing the AMLCTF Tranche II. The relevant bodies will also find value in this paper because currently there is no guidance as to how to address the issue. Also future academics/researchers can take this first approach as a guide and go on do further research in this area and to refine policy issues in this area.

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Mogyl, L. S. "Accounting procedure for operations with cryptocurrency as a variety of virtual assets." Analytical and Comparative Jurisprudence, no. 2 (June 23, 2023): 168–74. http://dx.doi.org/10.24144/2788-6018.2023.02.28.

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The article examines the procedure for accounting transactions with cryptocurrency as a special type of asset. Circulation of cryptocurrency in Ukraine currently does not have proper legislative regulation, and the Law of Ukraine "On Virtual Assets" adopted in 2022 has not yet entered into force. There is no proper legal provision for accounting and taxation of transactions with cryptocurrency carried out by business entities taking into account the advantages of using a decentralized means of circulation. Solving the issue of proper accounting of cryptocurrency and operations with it will contribute to the unshadowing the economy and the receipt of taxes to the state budget. It has been established that cryptocurrency can exhibit characteristics of goods, cash and their equivalents, financial instruments, investment real estate, intangible assets, shares, etc. With this in mind, the article analyzes permissible options for classifying cryptocurrency and operations with it to specific classes of accounting accounts based on international and national accounting regulations (standards). The European practice of accounting for operations with cryptoassets is analyzed, which is based on two options for accounting for cryptocurrencies: as an intangible asset or as stocks. It was concluded that in the absence of a single methodical approach to the issues of proper accounting of cryptocurrency and operations with it, it is necessary to use international accounting standards and recommendations for accounting of cryptocurrency developed on their basis as an intangible assets (if it is held for sale in the everyday economic activity) or stocks (if held for the purpose of obtaining an investment profit from resale). The purpose of its use by the business entity should be the basis for selecting the recommended accounting options for cryptocurrency as a virtual asset.

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So, Sungkyu, and Ickjune Yoon. "A Study on the Improvement of the Legal System for the Development and Supply of Public Housing Sites." Korea Association Of Real Estate Law 27, no. 1 (March 30, 2023): 165–202. http://dx.doi.org/10.32989/rel.2023.27.1.165.

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The supply of housing and housing sites in Korea has been mainly centered on public development. However, such public development-oriented supply does not properly respond to changes in the social structure, such as changes in population and household structure and diversification of housing demand. In the case of the first and second new cities, which are representative public developments, development was carried out according to different supply purposes based on the ｣Housing Site Development Promotion Act｢. In the case of the recent third new city, the ground law was changed to the Special Act on Public Housing, not the ｢Housing Site Development Promotion Act｣, and factors to meet social demand were reflected. However, based on various special laws in supplying large-scale public housing sites centered on new cities, problems often arise due to inconsistencies with existing national space plans or urban plans or lack of connection with higher plans. In addition, as a result of the creation and supply of large-scale public housing sites, the real estate economic recession due to short-term oversupply, unsold problems, regional conflicts, and distortion of housing supply and demand. Problems with reckless development or bed towns arise as the housing site supply plan does not reflect the characteristics of the region and focuses on specific policy purposes such as the dispersion of the population in the metropolitan area. Furthermore, problems include inconsistency between plans and laws in the public housing supply legal system, inefficiency and rigidity in business procedures and housing site supply methods, and lack of urban function and project disconnection due to bias centered on the supply of large-scale housing sites. Accordingly, through the analysis of the legal system for the creation and supply of public housing sites, measures to improve the legislation for efficient and sustainable cities were proposed. It suggested improvement directions according to changes in the goals, policy directions, functions, and roles of the ｢Special Act on Public Housing｣, which is the basis for the supply of public housing sites, and suggested ways to improve the consistency of the legal system. In addition, measures to strengthen the functional elements of the city were reviewed by creating large-scale public housing districts centered on the ｢Special Act on Public Housing｣, efficient management of the created housing sites, and acceptance of social changes. Above all, in order to ensure the sustainability of the city, the direction of improvement in the overall legal system was suggested, from the planning stage to urban management after the supply of housing sites.

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Kostikova, Galina V. "New Real Estate Legislation." Rossijskoe pravosudie, no. 3 (February 26, 2024): 46–54. http://dx.doi.org/10.37399/issn2072-909x.2024.3.46-54.

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The article is devoted to the study of certain provisions of the Federal Law № 430-FZ “On Amendments to Part One of the Civil Code of the Russian Federation” which is expected to come into force on September 1, 2022. Disputes about the types, order of formation and acquisition of the right of ownership of immovable property are among the most common in judicial practice. In addition, the process of improving the legislation on immovable property cannot be effective without a deep scientific understanding of the problems of the relevant legal institute. As a consequence, the study of new legisla tion and law enforcement practice in the field of real estate turnover is relevant and timely. The purpose of this work is to analyze the new provisions of the Civil Code of the Russian Federation on the legal regime of real estate. The study is based on general scientific methods: logical, analysis, synthesis, which made it possible to structure the material, to reveal relationships in the study of individual real estate objects. Also, private scientific methods were used in the work: formal-legal, comparative-legal, method of interpretation of legal norms. The author notes the positive nature of innovations in the field of legal regulation of such real estate objects as a land plot, a parking place, an object of construction in progress, a single real estate complex. At the same time, problematic issues that have not found legislative resolution in the new chapter 6.1 of the Civil Code of the Russian Federation “Real Estate” are identified in the work, ways to solve them are proposed.

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Ko, kwan yong, and Kwang Dong Park. "A Study on Real Estate Legislation in Indonesia: from the perspective of legal exchanges." Korea Association Of Real Estate Law 26, no. 2 (June 30, 2022): 1–16. http://dx.doi.org/10.32989/rel.2022.26.2.1.

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Korea and Indonesia are economic partners. And Indonesia is the target country of Korea's official development assistance. Currently, legal exchanges between Korea and Indonesia are actively progressing in terms of legislation. Since Indonesia has strong social, cultural, and regional diversity, the legal system and contents of real estate legislation are complicated and difficult to access. Legal exchanges between Korea and Indonesia on real estate legislation need to review the Rule of Law Index by the World Justice Project. In this case, it is necessary to apply the criteria of Constrains on Government Powers and Open Government. After applying these standards, strong matters that are value-neutral and procedural should be selected as specific targets for exchange of real estate legislation. After that, various discussions on legal improvement should be held. In addition, it is necessary to look at the economic feasibility of legislation and the ease of access to legislation. In other words, it is necessary to carry out legal exchanges to establish a legislative system that can concisely and uniformly regulate Indonesia's complex real estate legislation.

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Soloviev, V. V. "Real Estate. The History of the Concept." Izvestiya of Saratov University. Economics. Management. Law 12, no. 2 (2012): 110–13. http://dx.doi.org/10.18500/1994-2540-2012-12-2-110-113.

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The paper examines the theoretical, legal and historical issues related to the definition in civil law concept of property. Discusses the various points of view and proposes a definition of real estate, making adjustments to existing legislation.

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Tripulsky, G. Ya. "Prospects for protection and protection of the rights of investors in residential real estate: judicial and extrajudicial means." Uzhhorod National University Herald. Series: Law 66 (November 29, 2021): 103–7. http://dx.doi.org/10.24144/2307-3322.2021.66.17.

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The main concepts of the mechanism of regulation of guarantees of protection of the rights of investors of residential real estate were considered in the article. The current state of legal regulation of investors' rights is analyzed and it is established that the existing legal definitions create a «blurred» legal field, which is the basis for abuse in this area. The existing opinion in the scientific literature on the existence of general and special legislation in the field of regulation of the rights of investors in residential real estate is supported. It is established that the draft Law of Ukraine «On guaranteeing property rights to real estate to be built in the future» belongs to the special legislation and, subject to its adoption, will be the main source that structures the «blurred» and broad legislative field presented in special legislation only by the Laws of Ukraine «On investment activity» and «On state registration of real rights to immovable property and their encumbrances». The analysis of foreign investment and other features of investment is left out of this scientific article, as the aim was to study the existing and future guarantees of residential real estate investors' rights under the draft Law of Ukraine «On guaranteeing real rights to real estate to be constructed in the future». Some novelties of the bill are analyzed, in particular the form of the transaction concerning the future real estate object, its essential conditions and it is established that the bill strengthens guarantees of the rights of investors of residential real estate, that introduces the obligatory form of such contracts - purchase, sale. The novelties of such an agreement, in particular, will be mandatory information on the legal grounds for the acquisition of ownership by the developer of land ownership; guaranteeing the first sale of the future real estate, guaranteeing the absence of third party rights to the future real estate. Taking into account the provisions of general legislation, in particular, the provisions of the Civil Code of Ukraine on contracts, it is established that the contract is concluded only after the parties agree on all material terms, so consolidating these novelties as essential terms of the contract will prevent double sale of future object real estate.

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Ziajka, Anna. "THE RESTRICTION ON EXECUTION OF AGRUCILTURAL REAL ESTATE AGAINST AFTER CHANGE CONDITIONS LEGISLATION TRADING AGRICULTURAL REAL ESTATE." Roczniki Administracji i Prawa 2, no. XVIII (December 30, 2018): 235–44. http://dx.doi.org/10.5604/01.3001.0013.1793.

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The article provides an overview and analysis of the case law of courts in the field of execution concerning agricultural real estate. In the first part shows a statutory definition of real property. Thereafter, the main part of the article presents in detail an execution concerning immovable property after entering into force on amendment act. The article points out the conditions which have to be fulfilled in order to exceptionally obtain the ownership of agricultural real estate in accordance with law. Regulation were analysed in view fact, that pursuant to the Polish legislation, the right of pre-emption is granted only to coowners of agricultural real estate.

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Яковлев, Вениамин, and Vyeniamin YAkovlyev. "Problems of Private Law in Modern Conditions." Journal of Russian Law 4, no. 1 (January 25, 2016): 0. http://dx.doi.org/10.12737/17225.

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Recent intensive development of private law, which is presented by three successful codifications in the field of the civil, family, labor law in Russia, is noted in the article. Current changes of the Russian civil legislation as well as planned ones are described. To number of the main problems the author refers violations of the principle of good faith by participants of civil turnover, lack of effectiveness of the Federal Bailiff Service, insufficient security of the civil rights for real estate. In this regard it is necessary to form a notarial certification of real estate turnover, to keep availability of information from the state register of real estate for citizens, raise the status of the Federal Bailiff Service and strengthen its position by hiring highly qualified specialists.

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VEDENIN, ALEXANDR A. "One Real Estate Complex: Concept and Prospects of Law." Proceedings of the Institute of State and Law of the RAS 15, no. 3 (July 31, 2020): 124–40. http://dx.doi.org/10.35427/2073-4522-2020-15-3-vedenin.

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One of the most important and discussed topics of Russian civilization is the issue of objects of civil law. The topic under study is not adequately reflected in domestic civil law and judicial arbitration practice. According to legal scholars, the ongoing changes in domestic civil legislation have not eliminated problems that relate to objects of civil law. The constant complication of civil law turnover and the development of domestic science of civil law are forced to carry out targeted work in this direction. The domestic legislator initiates the necessary new norms of civil law. As a result, this entails, among other things, the emergence of new objects of civil law. The expediency of expanding the list of objects of civil law requires a rethinking of existing legal concepts and work on serious theoretical and practical justification of new ones. In legal science and practice, the need to include the legal concept of "single immovable complex" in the current civil legislation of the Russian Federation is proved Legal scholars have formed various opinions that characterize it. Domestic civilizations have identified and analyzed the theoretical and practical shortcomings of a single immovable complex. A comparative legal study of a single real estate complex, an enterprise as a property complex, a complex thing was carried out and it is confirmed that they are not identical. Obviously, a single immovable complex is a necessary and relevant legal concept of domestic scientific thought. In order to create a single real estate complex, some conditions are needed. The rights holder of movable and immovable property by his will decides to create it. The permitting authorities, through State registration, decide to establish. Disadvantages of a single immovable complex, both theoretical and practical, are indicated. Similarities and differences in the design of the enterprise as a property complex, a complex thing, and a single real estate complex made it possible to identify the features of the legal status of the latter and distinguish it as an independent object of civil rights. Despite the fact that in the Civil Code of the Russian Federation there are such legal concepts as "enterprise as a property complex" and "complex thing," the inclusion of a single real estate complex in the current civil legislation is necessary. The legal significance of this concept is unconditional. It justifies its own point of view on the problem and the place of a single immovable complex in the system of objects of civil law. Recognizing the need for the concept of "single immovable complex" in the current civil legislation of the Russian Federation, the domestic legislator should focus on its significant theoretical and practical shortcomings that impede the effective enforcement of the provisions of Art. 1331 of the Civil Code of the Russian Federation. Domestic legislators need to give them an appropriate legal assessment, as well as suggest effective ways to solve them.

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Chen, Shuxiu. "Legal issues of implementation of the principle of publicity of the real estate register in the People’s Republic of China." Право и политика, no. 10 (October 2021): 22–33. http://dx.doi.org/10.7256/2454-0706.2021.10.36757.

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The principle of publicity is one of the basic principles of real right and one of the important conditions for implementation of the principle of public credibility of the real estate title registration. During operation of China’s Law on Real Rights, a range of problems has emerged with the provisions in this part in doctrine and practice, for example: nature of the registration authority and its impact upon operation of the principle of public credibility of the real estate register, ambiguity of the category of interested person, method of confirmation of interest of the applicant, etc. Due to time constraint, these issues have not been eliminated as a result of recent enactment of the Civil Code of the People's Republic of China. There are plenty of disputes within the Chinese civil law doctrine. This article analyses the evolution of the legislation in force regarding the principle of publicity of the real estate register and state registration in PRC, as well as outlines the array of issues. The goal of this research lies in determination and assessment of significant flaws in the current legislation. The novelty consists in critical analysis of the existing problems and gaps in current legislation of the People's Republic of China, as well as the author's position based on the analysis of China’s social situation. The acquired results reveal the need for the development of the unified scientifically grounded legislation. The author believes that this work would contribute to development of the next stage of PRC legislation in terms of real estate title registration, lay groundwork for implementation of the principle of public credibility of the real estate register, as well as familiarize Russian audience with China’s experience on the matter.

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Osmanov, O. A. "On the concept and types of real estate property in the light of reforming of the civil legislation of the Russian Federation." Law Нerald of Dagestan State University 41, no. 1 (2022): 79–84. http://dx.doi.org/10.21779/2224-0241-2022-41-1-79-84.

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This article is devoted to the analysis of the category of "real estate" civic in the legislation of the Russian Federation and a number of European countries. The main methods for achieving results are historicallegal, formal-legal, systemic, comparative-legal, individual logical techniques, methods of interpreting regulatory documents. The article is of a scientific and practical nature and examines certain aspects of the legal regime of real estate. This category has historically passed a long and difficult path of formation from the provisions of Roman law to the modern legislation of the countries of continental Europe and the Anglo-American legal system. Real estate as an object of civil rights has special features, legal nature, and the history of its origin and development as a legal institution is also specific. The author made an attempt to investigate the history of formation, the concept and features of real estate as an object of civil law, the features of its legal regulation in certain foreign countries and in modern Russia. The specifics of fixing this institution in separate acts on amendments to the Civil Code of the Russian Federation are considered. The main conclusions were the characteristics of the signs of real estate, the content of the rights and obligations of the copyright holder, the peculiarities of the emergence and acquisition of rights to real estate, the formulation of the main shortcomings of its legal regulation in the current legislation and the merits of the changes that come into force on March 1, 2023.

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Pushkina, Anna V. "Legal approaches to vindication of real estate by public legal entities." Gosudarstvo i pravo, no. 3 (July 16, 2024): 97–105. http://dx.doi.org/10.31857/s1026945224030098.

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The article describes the evolution of approaches to the vindication of real estate owned by a public legal entity. In the study of this issue, the features of the object of law are superimposed on the specifics of the subject. It is noted that the lack of a unified concept that defines the legal regime of state real estate at the present time leads to the appearance of casuistic norms in the legislation. It is indicated that the problems that exist today are largely related to the Soviet past. In the USSR, the division of property into movable and immovable was abolished. However, Soviet law allowed the ownership of some objects, traditionally considered invisible, to individuals and legal entities. At the same time, the principle of unlimited vindication of state property was in effect. With the transition to a market economy, this principle was abolished and the equality of all forms of ownership was proclaimed. However, in law enforcement, there is still a trend of priority protection of public property. In order to level this process, the legislator introduces restrictions on the possibilities of protecting the right of ownership of real estate by public legal entities. It is concluded that point adjustments of legislation in this area cannot solve the problem. Before reforming the legislation, it is necessary to conduct a comprehensive scientific study of issues related to the peculiarities of protecting the rights to real estate owned by a public legal entity.

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Hoi, Dao Xuan, Doan Hong Nhung, and Nguyen Vinh Hung. "Personal Income Tax Levied on Real Estate Business in Vietnam: Reality and Some Recommendation." Journal of Law and Sustainable Development 11, no. 11 (November 16, 2023): e1489. http://dx.doi.org/10.55908/sdgs.v11i11.1489.

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Objective: The provisions of Personal income tax (PIT) on real estate are still inadequate and incompatible with the practice of economic and social development in Vietnam. Due to that fact, this scientific article researches the status quo of provisions of PIT levied on real estate to come up with some recommendations to perfect the law. Theoretical framework: Recent literature points out that PIT on real estate plays very important role in the development of Vietnam's economy, and society. However, in the current stage of development, from the influence and impact of international integration, in reality, the provisions of PIT on real estate are still inadequate. In there, limits and problems in regulations about PIT on real estate have caused many difficulties when applied. On the other hand, in the context of judicial reform in Vietnam, the issue of complete law system has always been paid special attention by the Party and Vietnam State. Method: The authors have used a combination of traditional research methods of the social sciences and legal sciences such as legal analysis method, the legal efficiency evaluation method, and comparative legal method to achieve the objectives of the research. Results: Research results have determined that the provisions of PIT on real estate are still inadequate, and affect the state budget, and the economy, society in Vietnam. Conclusion: PIT on real estate is an important source of revenue for the state budget. At the same time, this is a tax that has great impact and influence on economic and social development and taxpayers. However, current regulations on PIT on real estate still have some shortcomings, limitations, and are not consistent with the practical situation of real estate transfer transactions in Vietnam. Research implications: The results of the research contribute to proposing a number of solutions to improve the law on PIT on real estate in Vietnam. Originality/value: The research of the PIT on real estate become more and more urgent and very important in Vietnam.

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Dinsberga, Jolanta, and Ilona Tiesniece. "Problems Related to the Abolition of Divided Real Estate Ownership." Economics and Culture 13, no. 2 (December 1, 2016): 77–88. http://dx.doi.org/10.1515/jec-2016-0021.

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Abstract Legal relationship between apartment owners in residential buildings and the land owners, that is, divided real estate ownership, was created in the Republic of Latvia in 1990, within the framework of the Land Reform, restoring property rights of the former owners or their heirs or privatising apartments in multi-apartment residential buildings. The existence of such legal relationship created different lease problems and restrictions on the property rights to the owners of both the building and the land. To abolish the legal relationship related to divided real estate ownership, the Ministry of Justice of the Republic of Latvia has developed a draft law Regarding the Abolition of Mandatory Divided Real Estate Ownership in Multi-Apartment Buildings (hereinafter referred to as Draft Law). Unfortunately, in the opinion of authors of this article, there are serious shortcomings to the Draft Law which must be corrected. The aim of the research is to identify the problematic issues by selecting and analysing the legislation on the abolition of the divided real estate ownership, which is related to the calculation of redemption price, payment method and consequences of non-payment, which are not regulated by the new Draft Law. The article reflects research on the determination and calculation of redemption price reglamented by the Draft Law and also analyses the Law of December 8, 1938, On the Abolition of Divided Real Estate Ownership and its practical implementation, which may significantly influence the redemption price and the method of its calculation; however, the mentioned law has been disregarded in developing the Draft Law. Thus the research has both theoretical and practical significance. For the research purposes general research methods, such as historical, analytical, inductive, deductive, logical-constructive and descriptive methods, are used. For the interpretation of legislation norms, grammatical, systemic, teleological and historical methods are used.

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Skopenko, Oleg R., Yuri N. Andreev, Denis N. Latypov, Anna Rudavina, and Anna S. Shekhovtsova. "Linear objects as real estate objects: legislative approaches of Russia and foreign countries." LAPLAGE EM REVISTA 7, Extra-D (July 10, 2021): 41–46. http://dx.doi.org/10.24115/s2446-622020217extra-d1065p.41-46.

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The purpose of the study is to theoretically develop the problem of attributing linear objects to real estate objects. To achieve this goal, a comprehensive analysis of Russian and foreign legislation was carried out in the framework of relations with linear facilities. At the same time, special attention is paid to the concepts and approaches related to the classification of linear objects as real estate objects in Russian law and in the countries of the Anglo-Saxon and Romano-Germanic legal systems. Considering the civil legislation of Germany, Russia, the USA and France, the authors concluded that there are no unified definitions of the concepts of "linear object" and "real estate"; only a listing of their types has been established. However, the declared concept can be identified based on the definition of the characteristics of real estate in these countries. In this regard, it can be argued that each country has its own understanding in assessing the concept of «linear object» and its attribution to real estate objects.

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Ulezko, Sergey, Ivan Ulezko, Julia Shabliy, Hajiyeva Elmira, and Valiyev Zahid. "Criminal-legal guarantees for participants of share construction: problems and prospects." E3S Web of Conferences 402 (2023): 09014. http://dx.doi.org/10.1051/e3sconf/202340209014.

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The aim of the article is to investigate the optimal criminal law guarantees for citizens investing in the construction of apartment buildings and other real estate. The goal set by the authors is achieved by analyzing the current criminal legislation of Azerbaijan and Russia. During the study the authors used a systemic and structural-functional methods of scientific knowledge, the method of interpretation of legal norms and logical method. Various criminal law instruments providing guarantees to investors in the construction of apartment buildings were considered. The authors concluded on the need to introduce criminal liability for the involvement of funds of citizens in violation of the legislation on participation in shared construction of apartment buildings and (or) other real estate. In formulating the disposition of the norm necessary to consider the shortcomings of the Russian legislation and law enforcement practice relating to this issue.

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Гольцов, В. Б., and Н. М. Голованов. "HISTORICAL INSIGHT Into Formation and Development of Norms of Civil Law on Real Estate in the Russian Federation." ЖУРНАЛ ПРАВОВЫХ И ЭКОНОМИЧЕСКИХ ИССЛЕДОВАНИЙ, no. 3 (October 15, 2023): 114–22. http://dx.doi.org/10.26163/gief.2023.78.69.015.

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В статье исследуются вопросы об исторических аспектах использования в гражданском законодательстве России термина «недвижимость» и изменениях его содержания на протяжении последней трехсотлетней законодательной практики, а также взгляды российских правоведов на сущностные признаки объектов недвижимого имущества. Показано современное видение категории недвижимости российским законодателем, разделение ее на недвижимые вещи по естественным свойствам и по закону. Проанализированы критерии, согласно которым объекты недвижимости подразделяются на виды. Рассмотрены особенности отнесения к недвижимости вещей в ведущих государствах Западной Европы, входящих, как и Россия, в романо-германскую правовую семью, а также в Великобритании и США, относящихся к англосаксонской правовой семье. Сформулированы предложения о внесении коррективов в законодательство, регламентирующее основания отнесения вещей к объектам недвижимости. The article examines historical aspects of the use of "real estate" term in the civil legislation of Russia along with changes in its content taken place during the last three centuries of legislative practice. The paper also focuses on the views of Russian legal scholars related to the essential features of real estate objects. The modern Russian legislator’s vision of real estate category is shown with the division thereof into immovable things as per its natural characteristics and according to the law. The criteria by which real estate objects are divided into types are analyzed. Particular attention is paid to specific features of attribution of things to real estate in the leading states of Western Europe, as Russia alike belonging to the Romano-German legal family, as well as in the UK and the USA, belonging to the Anglo-Saxon legal family, are considered. Proposals are being made to adjust the legislation regulating the grounds for classifying things as real estate objects.

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Brzezicki, T., and P. Kornieiev. "Tax on real estate, other than land." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 210–14. http://dx.doi.org/10.24144/2307-3322.2021.65.38.

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The study examines the mechanism of real estate taxation. The current state of their functioning in Ukraine is analysed in detail. Problems of legal and regulatory nature are also investigated. The main features that characterize this tax, both in Ukrainian and Polish legislation, are also described. In addition the feasibility of reforming the tax base in the Ukrainian legislation is analyzed. Analyzed the experience of foreign countries, and held a parallel to the functioning of the tax in Poland, as an example, one of Europe’s economically developed countries. This article focuses on tax on immovable property. The introduction of real estate tax in Ukraine has followed a difficult path. The authors emphasize that development, and global development, is not possible without the socio-economic development of the country. In the authors’ view, development must begin in the cities, namely with the effective formation of local budgets. Because the financial resources of the cities have a direct influence on the solution of social and economic problems. The problem of deficiency of financial resources of cities, is a frequent problem on the territory of Ukraine. Therefore, we consider it necessary to pay attention to the European practice of countries that have a rational approach to the redistribution of income, with the help of certain tax rates, or by applying the benefits provided by the legislation. Statistical data shows that property tax has been introduced in about 130 coun-tries, thereby providing a significant part of budget revenues. The study is written using the descriptive method on the basis of administrative court jurisprudence and tax law literature.

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Mai, Le Thi Ngoc. "Real Property in Chinese Civil Law – The Process of Developing Property Legislation." Vietnamese Journal of Legal Sciences 6, no. 1 (June 1, 2022): 94–114. http://dx.doi.org/10.2478/vjls-2022-0005.

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Abstract January 1, 2021 marks an extremely important event in China’s legislative history, as the day the first Civil Code of the Democratic People’s Republic of China entered into force on May 28, 2020 (the “Chinese Civil Code 2020”), after an extremely long preparation time. The 2020 Chinese Civil Code was considered China’s “Declaration of Civil Rights”, with a huge number of regulations. Understanding legal provisions of the Chinese Civil Code is essential because of the following reasons: firstly, as Vietnam’s neighboring country, China has close relations with Vietnam in many areas of civil life. Secondly, Civil Code is a fundamental law of social life, having a profound influence, so the study of Civil Code should be given priority before studying many other laws. Thirdly, researching laws of other countries will help us realize the points that need to be improved in our laws. Up to now, legal research on this Code has not been much. Despite the prolonged lockdown in the past two years, China’s real estate market is hotter than ever. Real estate is an extremely important asset, especially when the future of other economic sectors is bleak, the society’s financial resources were pouring more and more into real estate, from which relevant conflicts were also increasing, requiring the constant improvement of legal regulations. This study aims to analyze the process of improving Chinese civil law provisions on real property and assess the completion level of the current regulations. To achieve these goals, the study has collected a large number of relevant regulations that China has promulgated and legal discussions of experts. The article is composed of three parts. The first is an overview of real property legislation before the Chinese Civil Code 2020, and the second part is the current regulations. Based on them, the author reports research findings and makes discussion.

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Chibinev, Vyacheslav Mikhailovich. "The Rule of Law when Renting State and Municipal Property." Advanced Materials Research 1020 (October 2014): 749–50. http://dx.doi.org/10.4028/www.scientific.net/amr.1020.749.

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The work includes the theoretical and practical research in the field of civil and land legislation. There are some conclusions based on the scientific analysis of the law and legal practice that were made containing the analysis of the problems related to the conclusion and state registration of real estate lease agreements and their execution. Some proposals on improvement of the existing Russian legislation were made by the author.

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Alexeev, Vadim A. "Territorial Real Estate Complexes and New Legislation on Common Shared Ownership." Zakon 21, no. 6 (June 2024): 111–23. http://dx.doi.org/10.37239/0869-4400-2024-21-6-111-123.

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The article analyses the meaning of the new norms of the Russian Civil Code on common shared ownership of common property of owners of real estate (buildings, structures and land plots) included in territorial complexes. It concludes that the norms of § 2 of Chapter 16 of the Civil Code cannot be considered as a legal basis for the emergence of shared ownership of common property in territorial real estate complexes. The norms of the Civil Code serve as the basis for the emergence of common shared ownership only for owners of premises and parking spaces in buildings and structures. For other real estate complexes consisting of buildings, structures, land plots, either a special law is required, which in this case acts as the basis for the emergence of shared ownership, or a joint expression of the will of all property owners — a transaction. At the same time, Art. 259.1 of the Civil Code opens up the possibility of carrying out such transactions, defines the conditions under which they can be concluded, and the characteristics of the object of such transactions — the common property of the owners of immovable things. The author criticises the conditions provided by law for the emergence of shared ownership of common property — the definition of the boundaries of the common territory and the physical or technological connection of the complex’s objects — and believes that such a condition should be the presence of common property. The proposal for the development of legislation is to establish a unified legal regulation of relations in any territorial real estate complexes, abandoning special laws on certain types of such complexes.

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Kudeikina, Inga. "Problems Associated with the Legal Substance of Real Estate Encumbrances." European Journal of Interdisciplinary Studies 1, no. 1 (April 30, 2015): 54. http://dx.doi.org/10.26417/ejis.v1i1.p54-60.

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The article is devoted to the problems pertaining to the establishment of encumbrances on real estate. Encumbrances that are created on the basis of law have a different legal substance. As a rule, encumbrances by law are significant and bring benefits to an unlimited number of rightholders. This type of encumbrances includes various protection zones, roads, nature reserves, etc. It is assumed that these encumbrances are for the common good; therefore, the rights of an owner may be restricted. Legislation allows establishing encumbrances without any authorisation from the real estate owner. The objective of the thesis is to analyse the legitimacy of encumbrances based on law in the context of the impairment of owner's property rights. To this end, both descriptive and analytical methods have been employed to analyse the legal grounds for encumbrances and related case-law. The study has relied on both legislation and case-law. The results of the study give strong grounds to conclude that a special procedure could be applied to the establishment of encumbrances in situations when those are intended to meet the needs of the entire society or individual communities of certain regions. Like any other encumbrances, those established by law restrict owner's property rights. A real estate encumbrance should be recognised as a restriction on owner's property rights. Certain remedies should be introduced with a view to balancing the rights and interests of the society and the owner and minimising the adverse effects of encumbrances. Such remedies could comprise an owner's right to claim reasonable compensation, challenge the establishment of encumbrances and initiate their annulment.

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Komarova, Galina, and Olga Zmanovskaya. "On the Issue of Business Property Taxation." Baikal Research Journal 14, no. 1 (March 3, 2023): 31–41. http://dx.doi.org/10.17150/2411-6262.2023.14(1).31-41.

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The article explores changes in the definition of taxable objects, the tax base, and the dates when property taxes from legal entities are due. There is a brief overview of the history of origin of property taxes, their formation and development. The authors looked into the order of accounting of taxation objects related to the property of organizations, including real estate and vehicles; analyzed property tax revenues to the budget system of the Russian Federation; and considered some issues of identifying objects of taxation and transitioning to calculation of the business property tax based on the cadastral value of real estate, as well as difficulties of determining whether certain property could be attributed to real estate objects. Real estate becomes subject to taxation only if it is registered in the Unified State Register of Real Estate (EGRN). In practice, however, organizations could own property that is not required by law to be registered in the EGRND, thus the taxpayer could be at risk of failing to pay a true tax liability. In this regard, it is mandatory to take into account taxation of not only real estate, but also movable property. This practice was used in the Soviet Union, when calculating fees for production assets, and in the Russian Federation as well. Such a change will increase revenues to the regional and local budgets and solve the problem of taxation of real estate objects that do not have cadastral value.

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Karyy, O., О. Grytsay, P. Sorokovyi, and T. Khomuliak. "FINANCING OF HOUSING THROUGH REAL ESTATE FUNDS: THE RELATIONSHIP BETWEEN LEGAL, TAX AND ACCOUNTING ASPECTS." Financial and credit activity: problems of theory and practice 3, no. 38 (June 30, 2021): 68–77. http://dx.doi.org/10.18371/fcaptp.v3i38.237421.

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Abstract. The article examines the processes of housing construction financing through the mechanism of creating funds for real estate transactions from the standpoint of legal and scientific-theoretical justification. The interrelation of legal, tax, and accounting aspects in the process of housing financing through real estate funds and the impact of the issuance of property certificates as equity instruments on the activities of managers of real estate funds are determined. In the context of providing the housing with financial resources, the dynamics of the index of capital investment in housing construction and the commissioned area of residential real estate as indicators of housing development are analyzed in recent years in Ukraine. It is determined that the current Ukrainian legislation provides five mechanisms of financing of housing construction: construction financing funds, housing cooperatives, real estate funds, mutual investment institutions, issuance of interest-free (target) bonds. However, not all of them are widely used. In the course of the research, it was established that real estate funds are created for the owners of certificates of this fund to receive income from real estate transactions. Certificates of the real estate fund, which the manager issues when creating such a fund, are securities that certify the right of its owner to receive income from investing in real estate transactions and are in their economic essence equity securities. Emphasis is placed on the accounting aspect of such financing as the main source of financial information for managing the activities of the real estate fund. To improve the accounting and analytical support for the management of such a fund, the correspondence of accounts is proposed to reflect the typical business transactions related to the management of the property of the real estate fund. Based on a critical analysis of the current domestic legislation, the tax consequences of the processes of housing construction financing through the mechanism of creating funds for real estate transactions are substantiated. Keywords: financing, housing construction, real estate fund, objects of accounting, taxation. JEL Classification G23, H25, L74, M41, R21 Formulas: 0; fig.: 2; tabl.: 1; bibl.: 22.

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Huong, NguyenThi, Nguyen Duc Tiep, and To Xuan Dan. "Leader Social Capital in Real Estate Firms: Evaluation of Respondents." Journal of Law and Sustainable Development 12, no. 1 (January 18, 2024): e2739. http://dx.doi.org/10.55908/sdgs.v12i1.2739.

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Objective: This article argues that leader social capital in real estate firms in Hanoi and neighboring provinces of Vietnam via colleague ingredients needs to be researched. Based on a survey of relevant academic and policy literature, the study presenting assessments of survey subjects for leader social capital in real estate firms in Hanoi and neighboring provinces, Vietnam, via colleague ingredients may contribute to improving the business performance of real estate firms. Method: This study used a mix of methods for gathering qualitative and quantitative data. SPSS software is used for quantitative research methods, including assessing the reliability coefficient of the scales through the Cronbach alpha coefficient, EFA analysis, independent T-tests, and ANOVA analysis. Results: Based on our findings, we argue that a leader's social capital via colleague ingredients in real estate firms in Hanoi and neighboring provinces, Vietnam, is reliable and meaningful. Additionally, there is no statistically significant difference in the leader's social capital via colleague ingredients in real estate firms in Hanoi and neighboring provinces, Vietnam, between respondents with these different family platforms and job positions. Conclusions: Real estate firms should have solutions to enhance leaders' social capital through colleague ingredients, thereby contributing to improving business performance. This study sheds light on the social capital information gaps that, when filled, could help real estate firms reach their full potential by improving leaders' social capital through colleague ingredients.

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Aldgem, B. I. "Guarantees of the Right to Housing: A Comparison of Syrian and Russian Legislation." Actual Problems of Russian Law 17, no. 1 (December 20, 2021): 154–63. http://dx.doi.org/10.17803/1994-1471.2022.134.1.154-163.

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The paper is devoted to the topical problem in civil law in Russia and Syria, i.e., the right of ownership of residential premises, its registration and methods of protection. The paper presents the results of a comparison of regulatory support and the procedure for state registration of rights to housing in Russia and Syria. Similar and distinctive features are defined, urgent issues of the legislation are revealed. The author formulates proposals for amending the Syrian legislative framework in order to improve the process of registering the right to housing, taking into account the Russian experience. In particular, it was concluded that the Syrian legislation needs to be supplemented with rules governing the right of ownership and other real rights to real estate associated with residential premises. Certain legal provisions can be borrowed from the Russian law. In addition, issues of ownership, especially for residential real estate, should be regulated by special rules due to the essentially special status of residential premises in comparison with other real estate objects. It has been established that the current Syrian Civil Code does not adequately regulate issues related to ownership and registration of rights to residential premises. For this reason, the author believes that there is an urgent need to develop housing legislation in Syria. It is necessary to develop special provisions that would deal specifically with the rights to residential premises.

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Temeljotov Salaj, Alenka, Jerica Jančar, Mojca Štritof Brus, and Gorazd Trpin. "The Development of the Real Estate Investment Fund for the Purpose of Regional Development." Lex localis - Journal of Local Self-Government 9, no. 3 (July 4, 2011): 265–81. http://dx.doi.org/10.4335/9.3.265-281(2011).

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Abstract:

In this research, an attempt is made to present the field of real estate funds in Slovenia, to point out the differences between private and public real estate funds, and explore some possibilities of public-private partnerships in this field. ‘Consumers in Europe’ (2009) Eurostat data shows that in 2007 Slovenia belonged to the states which had more than 80% of owner occupied dwellings in their total housing stock, 4.8% of the stock presents commercial rental units and only 1.3% of the stock consists of non-profit rental apartments. This issue is being examined in order to establish whether an introduction of Real Estate Investment Funds to Slovenian legislation and their cooperation with public funds could contribute to solving the problematic lack of rental apartments in Slovenia, especially in the non-profit segment.

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Journal articles on the topic 'Real estate business, law and legislation'

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