Legal Consequences of Mock Transactions

Abstract

In order to increase the material benefits, in order not to pay taxes or to pay less, in order to conceal information and for other purposes, the parties entering into legal relations become participants in mock transactions. The practise of mock transactions is to replace the conclusion of a single document, such as a sale one, with the conclusion of a contract of charitable contribution. The practise of using mock transactions is quite common and it is almost impossible to prove the nature of the transaction. Therefore, this work is aimed at investigating the institution of the mock transaction, as well as to develop recommendations for the practical application of the rules governing this institution. To conduct this study, the materials of the practise of dispute resolution on the application of the consequences of fictitious transactions by the courts of Ukraine, the dialectical method of cognition, the formal-legal method, the hermeneutic-legal method were used. As a result of research the signs of mock transactions, approaches of detection of fictitious transactions are established. It can be concluded that the distinguishing feature of fictitious and mock transactions is the orientation of the will of the parties to the transaction on the occurrence of legal consequences.

Attracting Foreign Investments for the Development of the Ukrainian Economy: Wartime Challenges and Postwar Prospects

“…The features of attracting foreign investments to the economy of Ukraine are determined, in particular, the investment attractiveness of Ukraine is investigated, as well as measures to attract foreign investments (Denysenko, 2016). The prospects of the foreign policy directions and the area of public investment policy of Ukraine are analyzed (Kossak, & Yanovytska, 2020). The mechanisms and trends of foreign investments in the agricultural sector of Ukraine during instability in international commodity and capital markets are revealed (Nagachevska, Apostol, Fedun, Kuzioma, & Prygara, 2021).…”