General characteristics of fiduciary structures

It has been established that scholars’ interest in the phenomenon of “legal construction” as a universal legal category is due to its ability to integrate and structure legal norms, giving them internal unity, functionality, legal certainty, and adequacy in reflecting socio-legal realities. Contemporary legislative activity, both in Ukraine and in other legal systems, requires the modernization of legislative terminology, the universalization of concepts, the improvement and updating of legal techniques, and the application of various methods of legal regulation in order to simplify law enforcement. One such legal means is legal constructs as methods of legal regulation of various types of social relations. Doctrinal approaches to defining the characteristics and functions of legal constructs are presented. It has been proven that legal constructs are a necessary and stable element of the structure of law and the legal system and reflect the structure of certain homogeneous legal phenomena and are a means of rule-making technique that ensures the construction of normative and legal material and, at the same time, is a method of cognition and interpretation of legal norms. The characteristics of legal constructs as ideal models of legal phenomena are also characteristic of fiduciary constructs. The growing popularity of fiduciary relationships draws attention to the legal constructs of the same name, which are actively used in various legal systems in the field of both contractual and other civil law relationships. It has been established that the term “fiducia” applies to all types of relationships in situations where the essence of the agreement establishing such relationships is based on mutual trust between its participants. The element of trust plays an important role, since it is thanks to trust that fiduciary relationships arise and are fulfilled, and in case of loss of trust, the relationship is terminated. With the development of civil law, fiduciary structures have not lost their relevance and continue to be used in one form or another by participants in civil legal relations. Despite the insufficient development of the theory of fiduciary relations and the existing conflict between their normative and legal regulation, they play an important role in civil legal relations.