2 research outputs found

    Legal security of investors in the process of financing housing construction in Ukraine and some European countries

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    The purpose of the article is to find mechanisms that would guarantee the protection of investors’ rights in the process of housing construction. Methodology. In the process of conducting the research, the following methods were used: theoretical generalization, grouping method, methods of dynamic, statistical and comparative analysis, comparative method, method of structural and logical analysis, calculation and analytical method. Research results. The works of scientists who studied the problem of risks associated with investing in construction were analyzed. A comparative study of investor security in France and Germany was conducted. The legislation of Ukraine on this issue was examined. Practical implementation. It was determined that in order to prevent the misuse of funds in housing construction in foreign countries, there is a mechanism for attracting funds by opening escrow accounts and transferring funds from them to the developer. Value/originality. It was proven that the use of escrow accounts in house-building can become an effective mechanism for protecting the rights of investors in Ukraine

    The essence and content of illegal obstruction of the organization or holding meetings, rallies, marches and demonstrations and forensic aspects of its analysis

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    The aim of the article lies in improving the institution of pre-trial investigation in particular and criminal liability for committing illegal obstruction of the organization or holding of meetings, rallies, marches and demonstrations in general. The object of the analysis is the social relations that arise in the process of organizing or holding meetings, rallies, marches and demonstrations by citizens of Ukraine. Methodology. Taking into account the outlined research object, it is considered appropriate to use the following methods: analysis, logical, interpretation, system analyzes, hermeneutic, generalization. Research results. The article, based on the examination of the scientific views and the relevant legal basis, outlines the essence and content of illegal obstruction of the organization or holding of meetings, rallies, marches and demonstrations and the forensic aspects of its analysis. Practical implementation. The content of obstruction is aimed at impossibility of the realization of the relevant rights, which is characterized by the intention, understanding by the person, who does this, all the features of the activity, its focus and anticipation of a positive result. Value/originality. These characteristics are treated as elements of a criminal offence through the prism of provisions and rules of criminal law and play a main or auxiliary role both in the qualification of such an act and during the conduct of a pre-trial investigation depending on objective circumstances and certainty in the legislation of Ukraine
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