СПЕЦІАЛЬНЕ МАЙНОВЕ ПРАВО НА ОБ’ЄКТ НЕРУХОМОСТІ, ЩО БУДЕ СПОРУДЖЕНИЙ У МАЙБУТНЬОМУ

The article is devoted to the study of the features of objects of unfinished construction, future real estate objects, in respect of which a special property right is registered. The legislative provisions of the Law of Ukraine “On Guaranteeing Real Rights to Real Estate Objects to be Built in the Future” are studied. The advantages and disadvantages of the mechanism for protecting investors’ rights in Ukraine are established. The legal mechanisms for guaranteeing real rights to objects of unfinished construction, future real estate objects are determined through the prism of legislative regulation of relations in the field of attracting funds from individuals and legal entities are analyzed. The key progressive features enshrined in the Law of Ukraine “On Guaranteeing Real Rights to Real Estate Objects to be Built in the Future” are analyzed. Ways are given to improve the procedural aspects of protecting investors’ rights by improving the mechanism through the prism of the Law of Ukraine “On Guaranteeing Real Rights to Real Estate Objects to be Built in the Future”. The guarantees of protection of property rights are substantiated (including the removal of obstacles to the exercise of a special property right; recognition of a special property right in case of its non-recognition, violation, or challenge; recognition of ownership rights after the facility is put into operation). The significance of state registration of real rights to real property in accordance with the Law of Ukraine “On State Registration of Real Rights to Real Property and Their Encumbrances” dated July 1, 2004 No. 1952-IV is analyzed.