NATIONALIZATION, REQUISITION AND EXPROPRIATION AS THE BASIS FOR THE ACQUISITION OF GOVERNMENT CORPORATE RIGHTS: SOME ISSUES OF LEGAL REGULATION

Abstract

Problem setting. Today, the national legislation does not contain a single legal document that would define the concept of "nationalization", its order, grounds, criteria, objectives and subject composition. However, as in the scientific literature and in legal practice, in particular judicial, the term "nationalization" is quite common. At the same time, in most cases, scientists correlate the process of nationalization with privatization, arguing about the naturalness and regularity of these phenomena as instruments of investment policy aimed at the redistribution of capital. However, there is no common understanding of this term in the legal doctrine, which causes a number of inaccuracies and contradictions regarding the definition of the procedure for the transfer of property to state ownership, in particular corporate rights. The legal uncertainty of the nationalization procedure is a potential cause of the unequal application of the law by the courts.

Analysis of recent researches and publications. The study of issues related to the regulation mechanism of the process of nationalization paid attention to such scholars, Kibenko, D. V. Zadykhailo, O. M. Vinnik, D. I. Pogrebnoy, M. V. Shcherbina, V. V. Poedinuk, V. Vynnychenko, Danelyan AA and so on. However, there are still many issues that require further research, in particular, in terms of determining the legal nature of nationalization in the context of modern socio-economic, political conditions and appropriate legal support.  Проверь транслитерацию

Article’s main body. In this article the author investigates the concept of nationalization, the main features of such a procedure of transfer of private corporate rights of business entities to state ownership, goals, objectives, criteria, economic and legal grounds. A comparative analysis with the related concepts of "confiscation" and "requisition" is carried out. It is established that the mechanism provided by the legislation for the acquisition by the state of corporate rights in the process of withdrawal from the market of an insolvent Bank, in its form and content, is a latent nationalization procedure. It is concluded that it is necessary to resolve this issue not only for banking institutions, but also in respect of legal entities of all organizational and legal forms, especially in respect of strategic enterprises, city-forming enterprises and enterprises of natural monopolies.

Conclusions and prospects for the development. The legal uncertainty of the nationalization procedure is a potential cause of the courts ' unequal application of the law if one of the parties, a state or an individual, considers its rights to be violated. Moreover, the lack of adequate legal regulation makes it impossible to restore such violated rights.