Restrictions of Private Property Right in Terms of the Covid-19 Pandemic: The Experience of the US, UK and Ukraine

Nekit, Kateryna

doi:10.17561/tahrj.v16.6275

Cited by 5 publications

(5 citation statements)

References 3 publications

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“…The possibility of restricting the right to private property at the national level is enshrined in the Art. 41 of the Constitution of Ukraine (Nekit, 2021a). However, such restrictions may be imposed only by law.…”

Section: Restrictions Of the Right To Private Property Under Martial ...mentioning

confidence: 99%

Right to Private Property under Martial Law in Ukraine

Nekit

2023

TAHRJ

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In Ukraine, the inviolability of the right to private property is guaranteed by the Constitution. However, under martial law, introduced in Ukraine as a result of aggression by the Russian Federation, restrictions on private property rights and even forced alienation of property for the needs of the state are allowed. This paper aims to determine the peculiarities of the legal regulation of private property relations under the legislation of Ukraine and to study the reasons for limiting property rights under martial law in Ukraine. Furthermore, it looks into the mechanisms for restoring property rights and issues in the field of implementation and protection of property rights under martial law. Such cases of restriction of private property rights as forced alienation of property and impossibility of disposal of property under martial law are being highlighted. The article also analyzes the problems of compensation for damage caused to property in terms of the war.

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Section: Restrictions Of the Right To Private Property Under Martial ...mentioning

confidence: 99%

Right to Private Property under Martial Law in Ukraine

Nekit

2023

TAHRJ

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“…Circumstances qualified as force majeure also cover the ones caused by exceptional weather conditions and natural disasters, namely: epidemic, strong storm, cyclone, hurricane, tornado, flood, accumulation of snow, ice, hail, frost, freezing of the sea, straits, ports, passes, earthquake, lightning, fire, drought, subsidence and landslide, other natural disasters, etc. (Nekit, 2021).…”

Section: Anti-terrorist Operation and War In Ukraine As Force Majeure...mentioning

confidence: 99%

Force majeure as grounds for exemption from liability: International approach and Ukrainian experience in terms of the military conflict

Apalkova,

Dobrovolska,

Pavlova

et al. 2023

Cuest. Pol.

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The article is devoted to the study of the category of "force majeure" and the characteristics of the exemption from liability in circumstances of force majeure. In addition, the definition of force majeure in international normative acts is studied, the categories of force majeure, irresistible force and state of emergency are compared. The regime of grounds for exemption from liability and the place of force majeure in it are considered. The peculiarities of changing and terminating the contract as a result of a significant change in circumstances in case of force majeure in accordance with the legislation of European countries and Ukraine are analyzed. The article pays special attention to the qualification of circumstances as force majeure in the context of the anti-terrorist operation and the war in Ukraine. It is concluded that the concept of force majeure has its origin in Roman law and today it is known both in the civil and common law systems. From the time of Roman law, there was both a legislative regulation of exemption from liability for the occurrence of force majeure circumstances, as well as a contractual practice of formulating exemption from liability clauses.

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“…These include non-property rights and property rights. It is the existence of property rights that allows the introduction of corporate law into civil circulation as an independent object (Nekit, 2021). Therefore, corporate rights are part of the estate and can be acquired as a result of inheritance (Vasilieva, 2007).…”

Section: Exercise Of Non-property and Property Corporate Rightsmentioning

confidence: 99%

Specific characteristics of corporate rights under Ukrainian legislation

Tsikalo

2022

Cuest. Pol.

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The article is devoted to the study of the peculiarities of the exercise of corporate rights under the civil law of Ukraine in order to identify their specific characteristics. Through a documentary methodology, close to legal hermeneutics, it was concluded that the participant of a legal entity (company) may have not only corporate rights but also other rights over this legal entity (company). Therefore, it is not enough to say that the rights of a person whose participation is defined in the authorized capital are corporate. It is important that the content of these rights is due to the ownership share (share, number of shares) in the authorized capital of the legal person (company). It was also found that intangible corporate rights must be distinguished from the personal intangible rights of the individual. The concepts of “non-economic rights” and “non-economic personal rights” are not identical. In relation to a person, intangible rights should be divided into two types: non-economic rights that are not closely related to a person (e.g., non-economic corporate rights); intangible rights that are closely related to a person and are inseparable from a person (personal intangible rights).

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Restrictions of Private Property Right in Terms of the Covid-19 Pandemic: The Experience of the US, UK and Ukraine

Cited by 5 publications

References 3 publications

Right to Private Property under Martial Law in Ukraine

Right to Private Property under Martial Law in Ukraine

Force majeure as grounds for exemption from liability: International approach and Ukrainian experience in terms of the military conflict

Specific characteristics of corporate rights under Ukrainian legislation

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