Usufruct of state property: transformations of the concept of real rights to foreign property through the prism of European integration processes

Abstract

The article examines the legislative processes of applying usufruct of state property, related to the urgent need to bring regulatory approaches to the regulation of social relations in line with European standards. The author emphasizes that in the context of modern social risks, there is an obvious need for a thorough review of the mechanisms for managing state property in order to activate the attraction of investment resources and to increase the level of efficiency of management of state property.
The legal definition indicates that usufruct is a real right to state property, thus determining the need to define its place in the system of real rights to another’s property. Special legal regulations are established for usufruct of state property. Thus, there is a need to verify special rules regarding the general characteristics of personal servitudes in general and the specific characteristics of usufruct of state property.
It has been established that usufruct of state property goes beyond the personal servitudes existing in the Civil Code of Ukraine. This practice is characteristic of European doctrine. The special legal characteristics of usufruct of state property differentiate it as a separate special type of personal servitude due to: the specifics of the grounds for establishment and termination; the content of usufruct; the subject composition of possible usufructuaries. The article notes that this specificity is determined by special mechanisms for managing state property, which are based on the public interest.
The author emphasizes that the legislation preserves the personal nature of usufruct of state property by establishing it for a specific entity and granting exclusive rights to use state property to such entity. In such circumstances, the current level of regulation of personal easements in the provisions of the Civil Code of Ukraine clearly needs to be detailed.