Oleh Prostybozhenko
National Academy of Sciences of Ukraine

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The Legal Regime of Joint Ownership in Management as a Tool for Enhancing State Investment Attractiveness Oleh Prostybozhenko; Mykola Chabanenko; Tetiana Voloshanivska; Nataliia Fedorchenko; Viktor Diektiarov
Nusantara: Journal of Law Studies Vol. 5 No. 1 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325/nusantaralaw.v5i1.267

Abstract

This study examines the legal regime of joint ownership in management and its impact on a state’s investment attractiveness, focusing on the Ukrainian context. It aims to assess how joint ownership structures affect the efficiency of civil transactions and the reliability of property rights protection, both of which are key determinants of investor confidence. The research applies a doctrinal legal approach, combining the dialectical method to uncover structural contradictions within joint ownership and the formal-legal method to analyze existing legislative norms. Empirical evidence is drawn from aggregated statistical data on property disputes in Ukrainian courts, as well as indicators of investment activity and international investment rankings. The findings show that joint ownership, while economically rational for resource consolidation, generates significant legal and practical inefficiencies. Statistical analysis indicates that disputes related to joint ownership—particularly property division and determination of usage order—consistently constitute one of the largest categories of civil cases, confirming the systemic and recurring nature of the problem. These disputes are not incidental but reflect structural weaknesses in legal regulation, especially the absence of clear, accessible, and efficient procedures for terminating joint ownership. As a result, co-owners frequently face prolonged litigation, increased transaction costs, and legal uncertainty. This condition directly reduces asset liquidity, limits their marketability, and disrupts the smooth functioning of civil turnover. Furthermore, investment data demonstrate a strong correlation between the effectiveness of property rights enforcement and investor sensitivity, where legal uncertainty in ownership regimes negatively influences investment decisions and risk assessments. This study contributes by empirically demonstrating the linkage between deficiencies in joint ownership regulation and reduced investment attractiveness. It highlights the urgency of reforming legal mechanisms governing ownership termination and management to enhance legal certainty, minimize disputes, and strengthen the overall investment climate.
Rethinking Family Legitimacy in European Law: Legal Recognition and Protection of Unmarried Cohabitants Oleh Prostybozhenko; Yunina Maryna; Olena Pushkina; Olha Bondarenko; Myroslava Skrynyk
Syariah: Jurnal Hukum dan Pemikiran Vol 26 No 1 (2026): Contemporary Transformations of Islamic Law: Governance, Justice, Family, and Su
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v26i1.19552

Abstract

The recognition of unmarried cohabitants in European law demonstrates an ongoing transformation of the concept of family within modern legal systems. The comparative analysis shows that France, Sweden, Italy, and England and Wales adopt different regulatory approaches, resulting in varying levels of protection concerning property rights, inheritance, social welfare, and relationship dissolution. These differences indicate that legal protection for cohabitants in Europe remains fragmented and inconsistent. The study also confirms the important role of the European Court of Human Rights in expanding the interpretation of “family life” under Article 8 of the European Convention on Human Rights. Nevertheless, significant gaps remain between symbolic recognition and effective legal protection, particularly regarding financial rights and cross-border legal certainty. The absence of harmonized rules governing transnational cohabitation further increases legal uncertainty within the European legal framework. This article argues that the current fragmented legal structure creates vulnerability for unmarried cohabitants, especially economically dependent partners. Therefore, European legal systems should develop minimum protective standards, strengthen the recognition of cohabitation agreements, and improve supranational coordination to ensure equitable and predictable legal protection for contemporary family relationships.