Infopaket

Fiduciary ownership and trust. Implementation in the Law of Ukraine

ДВС.27.08.

Вибіркова дисципліна для ОП

Second

2023/2024

3 Semester

2

Achieving by students such competencies, skills and abilities as: ability to apply general and special civil knowledge on the theory and practice of application of property rights and trusts; ability to identify, pose and solve problems of civil law regulation of trust property and trusts in the context of their implementation in the law of Ukraine; ability to develop draft agreements (transactions) on the establishment of trust property and trust; ability to make informed decisions on the application of civil law in resolving disputes arising in the field of trust property and trusts; ability to evaluate the latest legal tools in this area. Reproduce deep knowledge within the specialization on the evolution of thought about certain elements of the legal system with the designation of innovations and modernization. Demonstrate knowledge of scientific approaches, basics of methodology and methods of research of problems within the chosen specialization in law.

Distance form

Know the basic aspects of formation and development of institutes of trust property and trusts, features of classification and the maintenance of the specified legal constructions, their legal nature; literature sources on the problems of legal regulation, acts of civil legislation governing the relationship of trust property and trusts and the practice of their application. Be able to assess and determine the role and tasks of institutions of trust property and trusts, to distinguish and give legal characteristics to their individual species. Have basic skills in preparing a trust agreement and a declaration of trust, taking into account the specifics of the practical situation and with the help of legal methods to resolve disputes arising in the field of trust property and trusts

Forms of teaching and teaching methods of this discipline are aimed at conducting a legal analysis of trust property and trusts, used in law enforcement practice and the study of theoretical and practical issues concerning these legal structures. Within the framework of the discipline the general characteristics of trust property and trusts in the context of implementation in the law of Ukraine are studied; legal regulation of trust property and trust relations; legal nature and characteristics of the grounds and elements of trust property and trusts; characteristics of the types of trust property and trusts. The course of the discipline involves in-depth study by students of current legislation of Ukraine in the field of trust property and trusts, legal literature, basic concepts and special terminology.

1. Buyadzhi G.V. Trust: History, Prospects: monograph. - К.: Аlerta, 2018. - 554 с. 2. Maidanyk RA Property Law: a textbook. - К .: Алерта, 2019. - 1102 p. 3. Maidanik R.A. Trust: Ownership and Capital Management. - К .: Наукова думка, 1995. - 174 p. 3. Maydanyk, Roman. ‘Ukraine’. In International Encyclopaedia of Laws: Property and Trust Law, edited by Alain Verbeke & Vincent Sagaert. Alphen aan den Rijn, N.L.: Kluwer Law International, 2017. - 474 p. 5. Maidanyk R.A. Fiduciary (trust) legal relations: a place in the law of Ukraine; The legal system of Ukraine: History, Satus and Prospects: 5 Volumes - Kharkiv: Law, 2008. - (640p.). - 352–375p. 6. Nekit K. G. Right of Private Property in the Information Society: Theory and Practice. Monograph. Kherson: Helvetica Publishing House. 554 p.

Lectures, seminars, independent work of the graduate student (student) on the basis of textbooks, abstracts, methodical recommendations, consultations with the teacher. Know the main aspects of the formation and development of civil law institutions of trust property and trust, features of classification and content of legal forms of property management, their legal nature; special concepts and terminology; literature sources on the problems of legal regulation of trust property relations, acts of civil legislation governing the relationship of trust property and trusts, the grounds and elements of trust management of property; the practice of resolving this category of disputes.

Semester forms of assessment: express questioning - from 1 to 6 points, colloquium - from 3 to 7 points; reports and scientific works - from 6 to 10 points, testing (from the set of judgments to choose the correct ones) - from 6 to 9 points; problem solving - from 6 to 8 points for each. The minimum score to be obtained by a student in the appropriate forms of assessment for two semesters is 24 points. The maximum score that can be obtained by a student during two semesters is 40 points. During the ongoing performance evaluation at the seminars, the following should be assessed: the level of knowledge demonstrated by the student in response, activity in discussing the issues of the seminar, regular work in the classroom, results of homework.

Ukrainian