Determination of the place and the time of commission of the fraud in the primary market of real estate
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2018, Vol 3, Issue 3
Abstract
The article deals with study of the provisions of the criminal procedural, civil law and other sources on the legal regulation of legal relations in the sphere of housing circulation and the possibility of using these data in criminal proceedings to establish the spatio-temporal characteristics of the implementation of transactions concerning the alienation of private housing and to determine the specific place and time of fraud in the primary real estate market. At the feasance of in the field of private habitation process of illegal pernancy a right on habitation it is quite often been stretched in time and space, and the protracted character has a fraud, if the actions of frauds begin in one place, and closed in other. The looks of scientists are pointed to the problem of location and time of crime, in particular frauds. The authors have grounded that exending in time and space of process of illegal pernancy predefined an accommodation the difficult mechanism of realization of legal transaction in relation to an accommodation that contains various typical actions is bring a list over of such actions. Reasonably, that establishment during investigation of fraud, private accommodation related to alienation, place of notarial certification of legal transaction and its state of investigation will allow to get important information about time of conclusion of agreement, side of legal transaction, object in relation to that a legal transaction came true and others like that. It will be that the swindle related to alienation of private accommodation must be considered complete from the moment of state registration of right of ownership of it, as, according to the Civil Code of Ukraine, the right of ownership arises up to the real estate, passes, ceases from the moment of state of its registration (articles 182, 657 of the Civil Code of Ukraine)
Authors and Affiliations
N. V. Pavlova, V. V. Rets
Keywords
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- EP ID EP569530
- DOI 10.31733/2078-3566-2018-4-139-142
- Views 115
- Downloads 0
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