Characteristics of the Trust in Land
The article is devoted to the analysis of the legal institute of trust ownership of land plots in accordance with the latest changes introduced in the current civil and land legislation of Ukraine. According to the land legislation, the trust ownership to land plots performs at the same time the function of the measure to ensure the fulfillment of obligations and serves as the title of the use of the land plot. The author analyses both Civil and Land Codes and uncovers inconsistencies in the ways, the trust ownership is implemented in civil and land legislation. The confusion of the features of the trust ownership and legislator's desire to use at the same time it to satisfy different purposes gives rise to contradictions that the legislature has not eliminated. The author made an attempt to find out the legal nature of the institute of trust ownership incorporated in the legislation in view of its features and the regulatory impact on land relations. The author provides a comparison of the suggested legal instrument with theoretical models of similar classic legal phenomena – civil fiduciary, common law trust, as well as with variations of their introduction into the legislation of countries of different legal systems. It is concluded that legislation of different states implements different variations of the trust ownership as a legal phenomenon in the legislation. In particular, legislations of the states representing the continental legal family may include trust-like institutes. In this case all features of the trust should be clearly and precisely defined. Therefore, the intention of the Ukrainian legislator to mix different functions within the same legal institute seems to be vague. The contradictions arising from the dual legal nature of the trust ownership implemented in the current Ukrainian legislation are shown. The author concludes that it is necessary to improve the existing land and civil legislation in order to eliminate contradictions in the interpretation of the essence of the trust ownership ...