Auswahl der wissenschaftlichen Literatur zum Thema „Real estate business – Law and legislation – United States“

Approximately a quarter of the surveyed Ukrainian refugees and IDPs said that they plan to stay in their new places of residence, in the countries of their choice, obtain a residence permit, and purchase real estate. The legislation of Ukraine, like that of other countries, provides that ownership and other real rights to real estate, encumbrances, as well as their creation, transfer and termination, are subject to state registration. Rights to real estate subject to state registration arise from the moment of such registration. In essence, state registration is the fact of public recognition by the state of a person's right to real estate by entering information about it into the State Register of Real Property Rights. However, each country has its own regulatory requirements. Therefore, research into real estate registration procedures and algorithms for obtaining a residence permit is relevant. The study is aimed at identifying the peculiarities and algorithms for obtaining a permanent or temporary residence permit by investing in real estate or business in the country of study. real estate registration for Ukrainian citizens who went abroad during the military operations and intend not to return home but to integrate into other countries. The research objects are 9 countries of the world, namely: Turkey, Greece, Montenegro, the United Kingdom, Cyprus, the United Arab Emirates, the United States, Portugal, and Hungary. These countries are characterized by: attractiveness in terms of residence, democratic development, improvement of the quality of service provision and strengthening of trust in the government by the population, the public and the private sector. The information base of the study was based on collections of scientific papers, periodicals, and Internet resources. Summarizing the results of the study, we have constructed a diagram of the cost of investment real estate for permanent residence for the selected countries. The largest investment is required in the UK, while Montenegro has no requirements for real estate investment at all. It is determined that the procedure for obtaining the right to temporary or permanent residence through investment and registration of real estate may vary, and the package of documents required for registration also differs depending on the specific object and the circumstances of the rights to it. However, there are simple general recommendations that can help protect real estate rights and save time and money: compliance with the country's legislation; creation and proper operation of a unified registration system. This analysis will help to identify ways to implement foreign experience in Ukraine's activities in the future. The practical content is indicated by the target orientation of this study for Ukrainian citizens who are forced to stay abroad, urban planning and cadastre specialists.

Abstract The 2022 strategic report on international narcotics control of the United States Department of State, estimates that Albania remains a country susceptible to money laundering, due to corruption, the presence of organized crime networks, as well as deficiencies in legislation and supervision.1 Whereas, according to the Basel Index for the risks of money laundering and terrorist financing, Albania ranks 93rd out of 152 jurisdictions, with 4.75 out of 10 points.2 The main sources of money laundering are related to drug trafficking and other organized crime activities, while the most widespread methods of money laundering are construction, real estate and business development projects.3 Despite the reform of justice and efforts to improve the fight against money laundering, the country faces challenges in terms of capacities, insufficient supervision of some sectors, as well as the lack of cooperation between law enforcement and supervisory bodies. Albania is in the conditions of insufficient control mechanisms, in relation to the size of informal money. Referring to the report of the European Commission for Albania of 2023, the problems related to money laundering in the country remains an area that requires attention and further results.4 Also, the report shows that Albania has made progress in terms of implementing the recommendations of the Committee of Experts for the Evaluation of Measures against Money Laundering and the Financing of Terrorism (hereinafter: Moneyval),5 as well as the action plan of the Special Financial Action Task Force (hereinafter: FATF),6 with the aim of improving effectiveness in the field of money laundering. Also, since February 2020, Albania is part of a political commitment to engage with the FATF and Moneyval, in the framework of the fight against money laundering and the financing of terrorism.

On the basis of national security and territorial integrity, can the state regulate the use of land and buildings around important defense facilities or on border islands? In response, on June 16, 2021, Japan promulgated ‘Important Land Survey Regulation Act.’ In enacting the Important Land Survey Regulation Act, the Japanese government suggested land acquisition in a specific area by foreign capital as a basis for legislation. Due to the cases of land acquisition in a water source, defense facilities, or border islands, anxiety among Japanese residents and the people is growing. As a background of legislation, the Important Land Survey Regulation Act refers to ‘concerned’ foreign capital and state. It is primarily considering Korea and China as regulatory targets. The Important Land Survey Regulation Act is a regulation law based on the maintenance of the base of national life, maritime sovereignty, and national security. In the future, I think the Important Land Survey Regulation Act will have a direct or indirect effect on Korea. From a national security perspective, laws that regulate direct investment in corporate purchases also exist in the United States and Japan. However, regulations on real estate transactions have recently been introduced from the perspective of national security. In the United States, the Foreign Investment Risk Review Modernization Act (FIRRMA) enacted in August 2018 is a representative law. Real estate transactions are being conducted as a subject of review by the US Foreign Investment Committee (CFIUS). From a national security perspective, Japan is reviewing the case of the United States, which regulates the sale of real estate. However, problems with the bill were pointed out in the process of enacting the Important Land Survey Regulation Act. The issue of unconstitutionality of the Important Land Survey Regulation Act was also raised. In this study, I reviewed the issues and the contents of the law in the legislative process of the Japanese National Assembly : the purpose of legislation and the existence of legislative facts, the subject of regulation and delegation of legislation, forest and water sources, enforcement decree and delegation legislation, resident movement regulation, designation of special zones, and pre-reporting system, etc. The following matters were reviewed on the issue of unconstitutionality inherent in the Important Land Survey Regulation Act : legislative purposes and the absence of legislative facts, violation of the principles of parliamentary legislation, principle of criminal justice, recommendations and orders and criminal penalties, land use investigation and personal information, privacy rights, freedom of thought and conscience, self-denial rights, property rights and compensation systems, etc. The Important Land Survey Regulation Act, like FIRRMA in the United States, is based on national security, Japan primarily aims to protect Japan’s Self-Defense Forces facilities and U.S. military facilities. To this end, ownership and use, and transactions of land and buildings in a specific area are regulated. Second, however, it is a law to prepare for border disputes or maritime disputes between Japan and China, Japan and Russia, Korea and Japan. From the perspective of borders, territories, and maritime sovereignty, the Republic of Korea needs to establish new border protection measures for uninhabited islands and islands.

The development of infrastructure construction project has been difficult due to limited sources of funding, and the traditional mode of investment and financing for infrastructure construction has gradually revealed many drawbacks due to such practical factors as limited local financial resources. With the expansion of the periphery of the subject matter, financial leasing has subsequently become one of the most popular forms of infrastructure investment and financing. However, compared with the United States and other developed countries where the financial leasing system originated, the legal system of financial leasing in China is not yet sound. Since real estate can be used as the subject matter of financial leasing transactions, China’s lack of legislation in the legal regulations of infrastructure leasing and financial services has inevitably led to many risks and challenges in the specific operation of the business. Based on the analysis of the legal dilemma faced by China’s infrastructure finance leasing, this paper discusses the way forward to improve infrastructure finance leasing, with a view to providing some reference for the further development of infrastructure finance leasing in China.

The article analyzes the provisions of the Law of Ukraine «On Administrative Procedure» from the point of view of changes in administrative proceedings for persons who directly participate in work under the general administrative procedure. It was found that before the adoption of the Law of Ukraine «On Administrative Procedure» there was no general administrative procedure in Ukraine, but all spheres of interaction of the state with citizens and business were regulated by different rules (special laws, resolutions, instructions, etc.), which led to disputes between different legislative acts. The construction of the system of procedural legislation is defined. It was emphasized that the interaction procedure should become unified, effective, oriented to the needs of citizens and businesses, and transparent. And the introduction of a general administrative procedure will bring Ukraine closer to the standards of the European Union, because similar laws operate in all EU member states as an integral part of the right to proper administration. It has been proven that the Law of Ukraine «On Administrative Procedure» will be applied to proceedings that arise during the execution of inspection powers in the field of control and supervision, as well as in the field of providing administrative services (in the field of business registration, real estate, issuing permits, certificates, licenses). The conclusion is substantiated that the Law of Ukraine «On Administrative Procedure» provides private individuals with real opportunities to prove their own position during the resolution of the specified range of issues. In the process of reviewing new legislation, an attempt was made to identify problematic aspects that need to be resolved. In particular, it is about the lack of appropriate informational and professional support for persons who directly participate in the work under the general administrative procedure. The generalizations made made it possible to provide recommendations to administrative bodies and their employees, who must ensure a fair and legal resolution of cases for the fruitful exercise of their powers.

The directions, levers of expansion of digitalization of spheres of activity of territorial communities and local self-government bodies in Ukraine, which in the conditions of reforms of decentralization and administrative-territorial system received a considerable volume of powers, considering available technological, institutional, financial preconditions, are investigated. The experience of local self-government bodies in expanding the range of application of digitalization of territorial communities for their smart specialization and finding sources of funding for digital infrastructure development projects is studied. Thus, a significant proportion of them plan to create e-registers of their resources (human (demographic), natural, land, real estate, business, recreational and tourist, etc.) for a number of reasons: i) as a result of administrative reform (consolidation of the district network) there is a need for redistribution between district councils of reorganized districts (490 units before) and consolidated newly created ones (136 units now); ii) decentralization reform continues with the redistribution of powers between local executive bodies and district councils and between them and the united territorial communities in the newly created districts; iii) the process of transformation of project territorial communities (1473 units) into united territorial communities by creating new ones or joining existing united territorial communities is still underway; iv) powers are redistributed between the new bodies of local self-government and territorial subdivisions of the central bodies of executive power within the framework of their transformation into bodies according to the type of prefectures (for control of observance of the legislation). Difficulties of succession of legal entities with the transfer of property, land exist due to the fact that new self-government bodies were created after the local elections of October 25, 2020, and legislation on succession has not been adopted (exists in the status of the draft Law of Ukraine), while changes to the Budget Code of Ukraine with the new administrative-territorial structure of Ukraine and the formation of new subjects of power at the level of united territorial communities have been introduced by law. The digitalization of the territorial communities is also particularly important during the COVID-19 pandemic, when sectors that meet the basic needs of modern man are moving online, minimizing the need to leave home to live, do business and be productive.

The utility network cadastre in Serbia is the main register of utility lines and the rights to them. The Law on State Survey and Cadastre states the necessity for implementing a unified information system of both a real estate and utility network cadastre, but this has not been achieved in practice. The reasons for such a unified information system are to ensure easier maintenance of the rights of both the utilities and properties located above or below them, to ensure more efficient procedures for obtaining the consent for placement, repair, or removal of the utility line, to prevent procedures being executed based on outdated data, to build an information system as the law prescribes, and to facilitate the business processes in the Serbian geodetic authority, since it is responsible for both registers. Therefore, an already-developed LADM (Land Administration Domain Model)-based country profile for Serbia should be extended to include information from the utility network cadastre. An analysis of Serbian legislation showed the necessity of extending the class set of the utility network cadastre by further specialization of the LADM LA_LegalSpaceUtilityNetwork class. Furthermore, such a system will support the maintenance of utility network data. In practice, when there is a change made on utility lines by the right holders, it is necessary to implement the change in the register. In many situations, this is not done, and the actual state does not correspond to the one in the register. Usually, modern technologies, such as ground penetrating radar (GPR) and LIDAR, are used for data acquisition in order to provide an update of the utility network data. Since these technologies produce 3D data, we analyzed how to link that data to the traditional 2D spatial paradigm.

If we consider business forms from the point of view of satisfying needs, public companies are consumer companies that satisfy collective needs with the aim of redistributing income. They differ from production companies in that they do not have direct access to the market, so that the sources of financing derive from the taxes imposed by law, while the uses concern management costs, capital investments and debt repayments. Maintaining this interpretation, another category belonging to consumer companies is that of non-profit companies, which can be equated partially to public companies precisely because of the absence of a real market of reference and the finding of sources of funding for the performance of the activity mainly from external contributions without consideration. The only difference is inherent in the fact that such contributions cannot be imposed by law and are aimed at assisting and providing services and benefits to the community of reference, in the absence of profit and capital distribution. Therefore, if in the public sector performance is mainly and historically linked to the management of financial resources and public debt, in the field of nonprofit there is a different literature focused more on the control of economic aspects (and in particular the costs of the activity) as performance indicators of the company's activity. At the international level, and in particular in the United States, the use of the incidence of overheads is an element of examination to assess the performance of the non-profit sector. In this article, the subject of analysis is the possibility of using the overhead level to assess the performance of a public body. The analysis is carried out by comparing the incidence of overheads on the revenues of Italian municipalities in the years 2015-2017 with the performance indicators given by the deficit parameters established by current administrative legislation. From this analysis, it is possible to identify the presence of a correlation between the performance indicators and the incidence of overheads, in which the likelihood of the presence of “good”, “excellent” or “excellent” indicators is given by levels of overhead in the region of 10% of the total revenue assessed, with a margin of tolerance of 3% in positive for smaller entities (up to 5,000 inhabitants), and 3% in negative for larger entities.

So-called project operators such as the State, local governments, Land and Housing Corporation, and Urban Development Corporation implement public projects based on the Land Compensation Act, the Urban Development Act, the Housing Site Development Promotion Act, etc., tourism complexes, logistics complexes, etc. are being developed or constructed. Recently, public service projects have been delayed due to the increase in expropriation decisions, objection rulings, and administrative lawsuits filed by project operators regarding the compensation for losses from public service projects. In addition, despite the increasing number of lands of unknown ownership due to the impact of low birth rate and population aging and the decrease in land use desire due to movement from non-urban areas to urban areas, there are limitations in promoting smooth public projects by temporarily applying the Act on Special Measures for Registration of Ownership Transfer. , the economic cost is increasing. To clarify that capital gains tax, business income tax, other income tax, corporate tax, value-added tax, inheritance tax, gift tax, etc. are imposed according to the concept of transfer following the expropriation of land, etc. A special taxation system under the Restriction Act will be considered. By comparatively examining legislative cases in the United States, France, Canada, Japan, etc. on the special taxation system based on public expropriation, we present Korea's tax improvement points. In the case of land, etc., when a purchase by agreement is concluded within 6 months from the date of request for the purchase by agreement or real estate is transferred for public service use within 2 years due to alternative acquisition through land expropriation, a special limit of KRW 100 million per year is limited to KRW 300 million for 5 years A deduction system should be introduced. In addition, as the promotion of public utility projects is delayed due to the land of unknown owner and a lot of administrative expenses are required, the Act on Special Measures for the Use of Unknown Owner is enacted and special taxation system for land of unknown owner as in Japanese legislation. should be institutionalized. In addition, if the inmate files an objection or an administrative litigation when the project operator expropriates land, etc. for public works, the amount of compensation for losses is increased by adding the management principle while maintaining the principle of determination of the timing of attributing income and expenses. In such cases, it shall be the date of final judgment or final judgment of the objection, and if the amount of compensation for loss has not changed or has been reduced, it shall be regarded as the date on which the project operator deposits according to the judgment of expropriation.

So-called project operators such as the State, local governments, Land and Housing Corporation, and Urban Development Corporation implement public projects based on the Land Compensation Act, the Urban Development Act, the Housing Site Development Promotion Act, etc., tourism complexes, logistics complexes, etc. are being developed or constructed. Recently, public service projects have been delayed due to the increase in expropriation decisions, objection rulings, and administrative lawsuits filed by project operators regarding the compensation for losses from public service projects. In addition, despite the increasing number of lands of unknown ownership due to the impact of low birth rate and population aging and the decrease in land use desire due to movement from non-urban areas to urban areas, there are limitations in promoting smooth public projects by temporarily applying the Act on Special Measures for Registration of Ownership Transfer. , the economic cost is increasing. To clarify that capital gains tax, business income tax, other income tax, corporate tax, value-added tax, inheritance tax, gift tax, etc. are imposed according to the concept of transfer following the expropriation of land, etc. A special taxation system under the Restriction Act will be considered. By comparatively examining legislative cases in the United States, France, Canada, Japan, etc. on the special taxation system based on public expropriation, we present Korea's tax improvement points. In the case of land, etc., when a purchase by agreement is concluded within 6 months from the date of request for the purchase by agreement or real estate is transferred for public service use within 2 years due to alternative acquisition through land expropriation, a special limit of KRW 100 million per year is limited to KRW 300 million for 5 years A deduction system should be introduced. In addition, as the promotion of public utility projects is delayed due to the land of unknown owner and a lot of administrative expenses are required, the Act on Special Measures for the Use of Unknown Owner is enacted and special taxation system for land of unknown owner as in Japanese legislation. should be institutionalized. In addition, if the inmate files an objection or an administrative litigation when the project operator expropriates land, etc. for public works, the amount of compensation for losses is increased by adding the management principle while maintaining the principle of determination of the timing of attributing income and expenses. In such cases, it shall be the date of final judgment or final judgment of the objection, and if the amount of compensation for loss has not changed or has been reduced, it shall be regarded as the date on which the project operator deposits according to the judgment of expropriation.

An increasing use of social media platforms and other mobile applications (apps) has led to the creation, purchase, storage, and use of online information and data including personal or financial information, email communications, photographs, or videos. The purposes of this chapter are to discuss digital property and to determine whether under estate planning and administration law digital property can be inherited like other real and personal property. This chapter will examine relevant legislation in Australia, United States (US), and other jurisdictions including Canada, as well as legal cases that have discussed the issue of accessing or transferring digital property held by service providers such as Facebook. It will also discuss examples of service providers' terms of use and whether these terms allow for digital property to be accessed by a third party. It will conclude with recommendations about how an individual can manage their digital property as part of their will or estate.