inna spasibo-fateeva - Academia.edu (original) (raw)
Papers by inna spasibo-fateeva
Teisė, Sep 28, 2022
The article looks at the possibility of to revise property regulation and property law doctrine. ... more The article looks at the possibility of to revise property regulation and property law doctrine. The author identifies the most important factors that may influence the evolution of property law and provides an assessment whether today's conditions can change the content of property law and whether they are doing it. The article further discusses changes in the objects of property, the model of economic ties, the motivation of owners and the possibilities of implementing property law.
Baltic Journal of European Studies, 2019
The article focuses on the implementation and protection of the freedom of expression in Ukraine ... more The article focuses on the implementation and protection of the freedom of expression in Ukraine and attempts to explore this issue not from the perspective of traditional constitutional law, but rather from that of civil law. For this purpose, constitutional rights and personal immaterial rights are compared and ways of their implementation as well as remedies of their defense are analyzed.To achieve the mentioned purpose of research, the notion of ‘views’ has been analyzed and compared with the notion of ‘facts’ as a subject of civil rights. This analysis helped the author to determine ways and conditions of free sharing of information, factors hindering the freedom of sharing information and remedies of defense of the right to share information freely. The functional method allowed the author to explore the implementation of the right to freedom of expression as a systemic phenomenon influenced by various aspects, such as the language used in expression, form of expression, infor...
International Comparative Jurisprudence, 2019
This article examines the existing legal regime of property of legal entities under Ukrainian leg... more This article examines the existing legal regime of property of legal entities under Ukrainian legislation. Various forms of legal right to property are analysed by the author: ownership, right of economic and operational management, right to use and other real rights and rights of obligation (rights in personam). Most existing titles are controversial, both from a theoretical and practical standpoint. From a theoretical standpoint, it is rather hard to distinguish these forms one from another and to point out their peculiarities. This is especially true about rights of economic and operational management, which were designed in the Soviet period for the purposes of the Soviet economy, but somehow remained in modern Ukrainian legislation. As existing case law shows, this leads to numerous legal disputes which reveal, in particular, the problems of liability of a legal entity and its property independence. The most notorious among these disputes are analysed in the paper, including th...
Teisė, Sep 28, 2022
The article looks at the possibility of to revise property regulation and property law doctrine. ... more The article looks at the possibility of to revise property regulation and property law doctrine. The author identifies the most important factors that may influence the evolution of property law and provides an assessment whether today's conditions can change the content of property law and whether they are doing it. The article further discusses changes in the objects of property, the model of economic ties, the motivation of owners and the possibilities of implementing property law.
Baltic Journal of European Studies, 2019
The article focuses on the implementation and protection of the freedom of expression in Ukraine ... more The article focuses on the implementation and protection of the freedom of expression in Ukraine and attempts to explore this issue not from the perspective of traditional constitutional law, but rather from that of civil law. For this purpose, constitutional rights and personal immaterial rights are compared and ways of their implementation as well as remedies of their defense are analyzed.To achieve the mentioned purpose of research, the notion of ‘views’ has been analyzed and compared with the notion of ‘facts’ as a subject of civil rights. This analysis helped the author to determine ways and conditions of free sharing of information, factors hindering the freedom of sharing information and remedies of defense of the right to share information freely. The functional method allowed the author to explore the implementation of the right to freedom of expression as a systemic phenomenon influenced by various aspects, such as the language used in expression, form of expression, infor...
International Comparative Jurisprudence, 2019
This article examines the existing legal regime of property of legal entities under Ukrainian leg... more This article examines the existing legal regime of property of legal entities under Ukrainian legislation. Various forms of legal right to property are analysed by the author: ownership, right of economic and operational management, right to use and other real rights and rights of obligation (rights in personam). Most existing titles are controversial, both from a theoretical and practical standpoint. From a theoretical standpoint, it is rather hard to distinguish these forms one from another and to point out their peculiarities. This is especially true about rights of economic and operational management, which were designed in the Soviet period for the purposes of the Soviet economy, but somehow remained in modern Ukrainian legislation. As existing case law shows, this leads to numerous legal disputes which reveal, in particular, the problems of liability of a legal entity and its property independence. The most notorious among these disputes are analysed in the paper, including th...