The scientific-practical Law Journal
“Almanac of Law” Volume 14 (2023), 331- 338 p.
Sevryukova I. F. Problems of defining the basic principles (principles) of legal regulation of mortgage relations in the civil legislation of Ukraine.
²ntroduction. Problematic issues of systematization of the main principles of mortgage, definition of their content, comparison with the principles of property law, principles of mortgage lending, it is proposed to formulate the content of the relevant legislative provisions to which the research is devoted, have always been debatable. Normative provisions of modern mortgage legislation not only do not contribute to solving problems regarding the definition of the basic principles of mortgage legal relations, but, on the contrary, contain certain contradictions and shortcomings.
The existence of disputed legislative constructions does not allow to properly systematize the basic principles of the mortgage institution and to provide full protection of violated rights to subjects of mortgage legal relations.
Purpose and objectives of the study. The main common feature of such agreements is the study of conceptual provisions and general theoretical foundations, which are aimed at solving legal problems related to the definition of the main legal foundations of mortgage relations, as well as the formulation of scientifically based theoretical provisions and conclusions of an applied nature, aimed at ensuring the protection of the rights of participants in mortgage relations. It seems necessary to specify the main legal principles aimed at the formation of mortgage legal relations, their definition, characteristics, classification. Improvement of the civil law regulation of mortgage relations also requires a thorough analysis of the relevant regulatory provisions.
Research methods. The research carried out in the article is based on the evaluation of generally accepted approaches to identifying the signs of problematic issues of the main principles of legal regulation of mortgage relations and their reflection in the civil legislation of Ukraine. It should be emphasized that these issues are debatable due to the lack of clear legislative structures, which leads to the imperfection of legal regulation and violation of the rights of participants in property turnover.
Research conclusions. As a result of the research, the opinion is expressed that there is no system of mortgage principles in the current legislation of Ukraine. Due to the lack of a clear system of principles of legal regulation of mortgage relations, as well as the contradictory content of some norms that proclaim these principles, for example, the principle of publicity, the principle of authenticity, negative consequences arise when applying the relevant legislative provisions in judicial practice, which has as a consequence the imperfection of the protection of subjective rights participants in mortgage legal relations.
Key words: mortgage, basic provisions (principles) of mortgage, mortgage relations, principles of property law, principles of mortgage lending.
1. Andrianov M. V. Means and legal regime of securing credit obligations: autoref. thesis ... candidate law Sciences: 12. 00. 03. Kyiv, 2006. 17 p.
2. Banking operations: textbook. Ternopil: TNEU «Economic Thought». 696 p.
3. Garbuzova V. S. The current state and peculiarities of the development of mortgage lending in Ukraine. Economy and society. 2020. No. 10. P. 69–74.
4. Hnatkivskyi B. The mortgage market. Lviv: Ivan Franko National University, 2015. 341 p.
5. Evtukh A. T. A mortgage is a mechanism for efficient use of resources. Lutsk, 2001. P. 28–52.
6. Yu. V. Zhezherun. Modern state of the mortgage lending market in Ukraine. Economics and management: prospects for integration and innovative development. 2020. No. 11. P. 41 – 43.
7. Kovalishyn I. V. The essence of a mortgage and the main principles of mortgage housing legislation. Bulletin of the University of Banking of the National Bank of Ukraine. 2008. No. 3. P. 121–126.
8. Kot A., Burtovoi A. Gosregistratsiya veshchnykh-prav-na-nedvizhimoe-ushchestvo-i-ikh-obremeneniy -novyy-poryadok/
9. Maidanyk R., Maidanyk N., Popova N. Rethinking the general part of property law in the conditions of Europeanization and codification. Entrepreneurship, economy and law. 2021, No. 6. P. 39–54.
10. Nigreeva O. O. Regarding publicity as a necessary feature of a mortgage. Current issues of reforming the legal system of Ukraine: Collection. of science Art. according to the materials of the V International science and practice conf., Lutsk, May 30–31. 2008. Lutsk: Volyn. region printing house, 2008. P. 279–281.
11. Puchkovskaya I. I. Mortgage: pledge of real estate. Kharkov: Konsum, 1997. 132 p.
12. Svistun L. A., Dovgal Yu. S. Mortgage lending in Ukraine: modern problems and development factors: monograph. Poltava: PoltNTU, 2014. 162 p.