Fiduciary ownership in ukrainian legislation

Kateryna Nekit; Viktoria Shershenkova; Svitlana Voloshyna

Kateryna Nekit Civil Law Department of National University “Odessa Law Academy” https://orcid.org/0000-0002-3540-350X
Viktoria Shershenkova Department of History of State and Law of National University “Odessa Law Academy” https://orcid.org/0000-0002-3123-8578
Svitlana Voloshyna Department of labour law and social security law of National University “Odessa Law Academy” https://orcid.org/0000-0002-4822-3137

Keywords: Beneficiary, fiducia, fiduciary owner, fiduciary ownership, founder of fiduciary ownership, trust, trustee.

Abstract

The article is devoted to the study of the specifics of the institution of fiduciary ownership in the legislation of Ukraine. Using the method of comparative analysis, the differences between the institution of fiduciary ownership, which is typical for the countries of the continental system of law, and the institution of trust, which exists in the countries of Anglo-American law, are revealed. The origins of the institution of fiduciary ownership since Roman times have been investigated. It is established that the foundation of the trust and fiduciary ownership can be considered the Roman institution of fiducia. The features of legal regulation of fiduciary ownership in accordance with the civil legislation of Ukraine are characterized. The requirements, which in some cases are imposed on the trustee (fiduciary owner) are determined. Attention is drawn to the shortcomings of the legal regulation of fiduciary ownership in Ukraine. The main problem is that the concept and legal nature of fiduciary ownership in Ukraine are still not defined in a clear manner. It is proposed to take into account the concept of fiducia, recently adopted in the legislation of the Republic of Moldova. This concept is most consistent with world practice and the needs of a market economy.

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Author Biographies

Kateryna Nekit, Civil Law Department of National University “Odessa Law Academy”

PhD, Associate Professor of Civil Law Department of National University “Odessa Law Academy”

Viktoria Shershenkova, Department of History of State and Law of National University “Odessa Law Academy”

PhD, Associate Professor of the Department of History of State and Law of National University “Odessa Law Academy”

Svitlana Voloshyna, Department of labour law and social security law of National University “Odessa Law Academy”

PhD, Associate Professor of the Department of labour law and social security law of National University “Odessa Law Academy”

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