Analysis of the Draft Law:
Analysis of the Draft Law of Ukraine on the Legal Regime of Property of All-Union Public Associations (Organizations) of the Former USSR
1. Essence of the Draft Law:
The draft law defines the legal principles for managing and owning property that belonged to all-union public associations of the former USSR on the territory of Ukraine as of August 24, 1991. It clarifies that the state of Ukraine is the owner of such property and establishes rules for its management.
2. Structure of the Draft Law:
The draft law contains articles that define the legal regime of property, management entities, the procedure for recovering property from illegal possession, and the cancellation of legal transactions regarding the creation of legal entities based on this property. Compared to previous versions, it details the subjects and objects of legal relations and introduces provisions for property management through the State Property Fund of Ukraine.
3. Main Provisions of the Draft Law:
– The state of Ukraine is recognized as the owner of property of all-union associations.
– Property management is carried out by the State Property Fund of Ukraine with the possibility of privatization.
– A procedure is established for recovering property from illegal possession with the right to compensation for bona fide acquirers.
– A moratorium is introduced on the alienation of state property, except for implementation through the State Property Fund.
– State registration of property rights is carried out based on extracts from the Unified Register of State Property.
This draft law is important for Ukraine as it regulates the ownership and management of significant property volumes that may impact economic development and legal certainty in the field of public organizations.
