Infopaket

Fiduciary ownership and trust. Implementation in the Law of Ukraine

ВБ.01.08.27

Вибіркова дисципліна для ОП

Second

2022/2023

3 Semester

2

Achievement by students of such competencies, skills and abilities as: the ability to search, process and analyze information on the theory of trust and trust law from various sources; the ability to generate new ideas in solving problems of civil law regulation of trust and trust relations; the ability to justify and motivate their legal decisions, give them detailed arguments, the ability to make decisions in situations requiring systematic, logical and functional interpretation of the law on trust and trust relations.

Distance form

1. To know the main aspects of the formation and development of trust and trust-like structures, their classification, legal nature and content; literary sources on legal regulation, acts of civil legislation regulating trust and trust-like relations, as well as the practice of their application. 2. be able to evaluate and define the role and objectives of the trust and trust-like structures, to distinguish and give a legal description of their individual types. 3. Possess skills in drafting trust agreements and trust-like structures, taking into account the peculiarities of the practical situation, and use legal methods to resolve disputes arising from these structures.

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. Kharchenko H.H. Real rights: a monograph / H.H. Kharchenko. - K. : Alerta, 2016. - 556 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.

The minimum score to be obtained by a student on the relevant assessment forms during the semester is 24 points. The maximum score that a student can receive as a result of studying during the semester is 40 points. If a student does not reach the minimum threshold level of assessment (24 points), the teacher who conducted the seminar classes and accepted the workshops addresses the Director of the Institute of Law with a submission in which he or she records the student's failure to fulfill the individual curriculum. Based on the results of the final form of control (test), a student can receive a maximum of 60 points. - final assessment: credit (in the form of an interview with the possible use of information and communication technologies)

Ukrainian