EXPROPRIATION AGREEMENT: FOREIGN EXPERIENCE FOR UKRAINE
In: Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, Heft 115, S. 5-9
The article addresses the issue on the determination of ways to improve the legal regulation for contractual relations of purchasing private property for public needs, based on the European experience in regulating expropriation. To achieve it, general and special methods of scientific knowledge have been used, including system-structural, structural-logical, comparative-legal, deduction, induction, analysis, synthesis, etc. The necessity of appreciation of the European experience of legal regulation of expropriation to optimize Ukrainian legislation in this area is emphasized. The article establishes the issue concerning the sameness of two legal tools, namely the contract of purchase of private property for public needs under Ukrainian law, as a general idea, which is now implemented through civil law agreements, and the expropriation agreement in several European states (Germany, Switzerland, and Liechtenstein). The advisability of expropriation agreement implementation into legislation and legal practice is substantiated; in this regard, expropriation agreement is considered as the special contract destined exclusively for regulation of purchase of private property for public needs. The author also suggests applying European approch to entitling the contract of purchasing of private property for public needs and identifying its terms; Expropriation Contract as a title is proposed. The article highlights the advantages of Expropriation Contract as a title. The amendments to the Law of Ukraine "On the alienation of land and other real estate located on them, which are in private ownership, for public needs or for reasons of public necessity" according to European experience and author's examination are proposed. The author also recommends to change the name of the purchasing procedure to the procedure for voluntary expropriation (or voluntary alienation of private property for public needs).