THE CURRENT STATE OF LEGAL REGULATION OF TRUST PROPERTY RELATIONS IN UKRAINE

Abstract

The article analyzes the current state of legal regulation of trust property relations in Ukraine. It was established that today, when the law of trust property has expanded its practical application to the level of ensuring the proper fulfillment of credit and loan obligations, the situation with understanding and perception of the true essence of the studied category has become even more complicated, because it still remains unresolved both from the theoretical and from the from the practical side of the question of whether the contract that mediates relations regarding the establishment of a regime of trust property is the basis for the emergence of a special type of property right, or whether there is still a limited property right derived from the right of ownership. It has been established that the majority of continental law countries, realizing the significant effectiveness of the construction of the trust in the context of the modern development of private law relations, are trying to create sufficient legal prerequisites for the practical application of trust property, but with the obligatory consideration of the need to adapt it to the peculiarities of the legal systems of these countries, which are characterized by absoluteness and indivisibility of ownership. This, in turn, leads to the transformation of the traditional essence of the trust category in the legal field of European countries and its endowment with appropriate features against the background of preserving the main purpose of this category. The opinion was expressed that the concept of trust property as the transfer of ownership of property from the trust founder to the trust owner really does not allow to identify the right of trust property with the right of ownership in the sense of Art. 317 of the Civil Code of Ukraine. Trust property is a special legal regime that causes a person to have the right of fiduciary property, which directly affects not only the definition of the scope of the right, but also the right itself. Limited in terms of duration, the list of powers received by the fiduciary, the intended use of the property and the finality that burdens it, fiduciary property in principle is not endowed with either perpetuity or absoluteness, just as the physical maintenance of the object of trust property by the trust founder and its use is not usual property It is proved that trust property as a legal construction in the coordinate system of property rights is the result of a symbiosis of categories of property rights, the content of which is limited by the binding legal relationship, and limited property rights, the qualifying features of which complement and mutually absorb each other, as a result of which a special fiduciary property regime is formed.