Glado Yu.
Doctor of Law (PhD), Assistant professor, Ivan Franko National University of
Lviv, Lviv, Ukraine
Turchak O.
Doctor of Law, Professor, Lviv State University of Physical Culture, Lviv,
Ukraine
Yevkhutych I.
Doctor of Law (PhD), Assosiate professor, Lviv State University of Internal
Affairs, Lviv, Ukraine
PROPERTY AND CONTRACTUAL RIGHTS CIRCULATION IN THE
INVESTMENT ACTIVITIES UNDER THE LEGISLATION OF UKRAINE
Introduction. The development of market relations requires comprehensive
investment attraction. There is no entrepreneurial business sphere without investments
nowadays. The bases for the modern market economy are relations connected with the
investment into the production of the material welfare [1]. Therefore, the legal
regulation of investment activities is of a great importance nowadays.
It should be noted that new types of investments are used in practice; however,
Ukrainian legislation can’t cope with a wide range of new spheres of investments and
their peculiarities. That is why new special laws should be adopted to keep market
economy development.
An important attention should be paid to the legal regulation of contractual and
property rights circulation. Under the Civil Code of Ukraine [2], property rights and
contractual rights are separate objects of civil rights. Contractual rights in this article
are rights of the creditor to be satisfied by the debtor (within the principal obligation
which combines the right to bring claims against the debtor or abandon the presentation
of such claims and the right for the proper performance of the duty by debtor).
Analyzing Ukrainian investment market it is necessary to mention that property and
contractual rights or even rights in action can be investments in line with other types
of property.
The enjoyment of rights in action or property rights as investments is complicated
by the fact that there is no theoretical and legislative approach to the interpretation of
the notion “investments” that in its turn leads to incorrect usage of legislative
regulations in this sphere. Thus, firstly it should be found out what the “investment”
means.
Research results. 1. Investments definition under the legislation of Ukraine.
There are three definitions of “investments”:
1)
as values
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