EVALUATING THE LEGAL REGULATION OF PROPERTY EXPECTATIONS IN THE CONTEXT OF CONTRACTUAL OBLIGATIONS: A SYSTEMATIC LITERATURE REVIEW

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Dmytro Lutsenko
Valentyna Sverdlichenko
Oleksandr Martyniuk
Maksym Hura
Yaroslava Meniv

Abstract

The protection of property expectations plays a crucial role in contemporary legal systems, particularly in the context of fulfilling contractual obligations. It promotes predictability and fairness in legal relations, establishing a framework for balancing private and public interests. In countries with transitional legal systems, such as Ukraine, property rights and contractual mechanisms face additional challenges as the global economy evolves. Given the difficulties outlined above, there is a pressing need for research into how legal systems adjust to the ever-changing political, social, and economic climates. Property expectations are essential for public policy, economic stability, and legal accountability. This study aims to conduct a systematic literature review (SLR) of existing studies on legally controlled expectations of property, with a particular focus on works published between 2019 and 2024. The PRISMA (Preferred Reporting Items for Systematic Reviews and Meta-Analyses) framework utilized in this study ensures openness and completeness of the process for selecting, excluding, and reviewing relevant material. Research was limited by the review scope, which included only peer-reviewed articles, reviews, and conference papers, ensuring the quality and credibility of the SLR. The findings of this study highlight research gaps, particularly in relation to socio-environmental factors and legislative changes in transition economies. In contrast, the current study emphasizes the need for an interdisciplinary approach to address existing gaps. By analyzing contemporary literature, it aims to enhance understanding among researchers and legislators regarding the interplay between property rights and legal obligations.


JEL Classification Codes: K00, K11, K12, K33.

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Section

Research Paper/Theoretical Paper/Review Paper/Short Communication Paper

Author Biographies

Dmytro Lutsenko , Law Firm "Novels", Kyiv, Ukraine

Dmytro Lutsenko is the Executive Director of the Association of Distributors of Ukraine, a leading national business association representing the interests of wholesale and retail distribution companies, Managing Partner of the law firm “Novels,” and a GR specialist in the defense industry sector. He holds a Law degree from the Academy of Internal Affairs of Ukraine (2009) and a second higher education degree in Business Economics from the State University of Trade and Economics (2024). Mr. Lutsenko has extensive experience in regulatory and legislative work, tax policy, and economic security, focusing on combating the shadow economy, improving the investment climate, and harmonizing national business regulations with European Union standards. He is actively engaged in dialogue with government authorities, including the Ministry of Finance, the State Tax Service, the Bureau of Economic Security, and the Office of the Prosecutor General of Ukraine. His professional interests include economic policy, excise taxation, compliance, and intellectual property protection, particularly in the tobacco, FMCG, and defense industries. He is the author of initiatives to improve the legal framework for excise taxation and the circulation of excisable goods, as well as a participant in the development of solutions for the innovative growth of Ukraine’s defense industry. Since 2024, Mr. Lutsenko has been a member of the Board of ICC Ukraine, contributing to the development of international trade and investment cooperation. He regularly speaks at national and international economic and legal forums, round tables, and industry conferences.

Valentyna Sverdlichenko , V. N. Karazin Kharkiv National University, Kharkiv, Ukraine

Sverdlichenko Valentyna is an Associate Professor at the Department of Civil Law Disciplines on the Faculty of Law, V.N. Karazin Kharkiv National University. Previously, Valentyna worked as an Assistant at Department No. 702 of the National Aerospace University «Kharkiv Aviation Institute» named after M.E. Zhukovsky (September 2014 – September 2015). She graduated from Yaroslav Mudryi National Law. University in Kharkiv, Ukraine, and obtained the academic degree of PhD in Law at V.N. Karazin Kharkiv National University. The topic of her dissertation was «Exercise and Protection of the Right to Honor, Dignity, and Business Reputation in a State of Emergency or under Martial Law». Valentyna is also a member of the Expert Commission on the Civic and Historical Educational Field, within the Expert Group on the Civic and Historical Educational Field for the examination and approval of educational literature and curricula at the State Institution «Ukrainian Institute of Education Development», operating under the Ministry of Education and Science of Ukraine. In addition, Sverdlichenko Valentyna Pavlivna works as a lawyer at the Legal Clinic of the «Practical Educational Center «Legal Assistance» based at V.N. Karazin Kharkiv National University. Sverdlichenko Valentyna Pavlivna is actively engaged in research activities and is the author of 28 academic works, including articles, conference abstracts, and educational and methodological guidelines, as well as a co-author of the textbook «Civil Law and Civil Procedure: Preparation for the Certification Examination».

Oleksandr Martyniuk , Interregional Academy of Personnel Management, Kyiv, Ukraine

Oleksandr Martyniuk is a legal scholar and postgraduate researcher in Law at the Interregional Academy of Personnel Management, where he commenced his Ph.D. studies in November 2023. He holds both Bachelor’s (2017) and Master’s (2019) degrees in Law from Taras Shevchenko National University of Kyiv. His Bachelor’s degree program was in Law with a specialization in Court and Prosecution, while his Master’s program in Law awarded him the professional qualification of Lawyer and Associate Researcher. In addition to his academic background, Mr. Martyniuk has professional experience as an Assistant Attorney, where he gained practical expertise in litigation support, legal drafting, and client advisory. His primary research interests lie in the field of contract law and corporate legal relations, with a particular focus on the regulation, enforcement, and protection of contractual and corporate rights. He is committed to bridging the gap between legal theory and practice, contributing to the development of modern legal frameworks, and advancing academic discourse in the field of jurisprudence.

Maksym Hura, V. N. Karazin Kharkiv National University, Kharkiv, Ukraine

Maksym Hura is a Senior Lecturer at the Department of Civil Law at V. N. Karazin Kharkiv National University. He graduated from Yaroslav Mudryi National Law University. He defended his PhD thesis at the V.M. Koretsky Institute of State and Law of the National Academy of Sciences of Ukraine. His research title was: "Civil law protection of a website in Ukraine".

Yaroslava Meniv , V. N. Karazin Kharkiv National University, Kharkiv, Ukraine

Yaroslava Meniv is a Lecturer at the Department of Civil and Legal Disciplines at V.N. Karazin Kharkiv National University, Ukraine. She holds a Ph.D. in Law (Doctor of Philosophy in the field of Law) from Yaroslav Mudryi National Law University, where she completed her postgraduate studies at the Department of Commercial Law. Her doctoral research focused on issues of commercial and bankruptcy law. Meniv is a co-author of the departmental textbook on Civil Law and multiple scholarly articles. She has authored more than ten articles in Ukrainian academic journals and one abroad, as well as a monograph. She has participated in numerous international and national scientific conferences.
Her teaching portfolio includes Housing Law, Legal Regulation of Bankruptcy Procedures, and Civil Procedure in English. Her academic interests encompass civil, commercial, and bankruptcy law, as well as the methodology of legal education.

How to Cite

Lutsenko , D. ., Sverdlichenko , V. ., Martyniuk , O. ., Hura, M. ., & Meniv , Y. (2025). EVALUATING THE LEGAL REGULATION OF PROPERTY EXPECTATIONS IN THE CONTEXT OF CONTRACTUAL OBLIGATIONS: A SYSTEMATIC LITERATURE REVIEW. Bangladesh Journal of Multidisciplinary Scientific Research, 10(6), 12-24. https://doi.org/10.46281/bjmsr.v10i6.2590

References

Allott, P. (2020). The Concept of International Law in Michael Byers (ed.), The Role of Law in International Politics: Essays in International Relations and International Law (pp. 69-90). Oxford University Press. https://doi.org/10.1093/acprof:oso/9780199244027.003.0005

Bilan, Y., Mishchuk, H., Samoliuk, N., & Yurchyk, H. (2020). Impact of income distribution on social and economic well-being of the state. Sustainability, 12(1), 429. https://doi.org/10.3390/su12010429

Bondarenko, S., Shlafman, N., Kuprina, N., Kalaman, O., Moravska, O., & Tsurkan, N. (2021). Planning, Accounting and Control as Risk Management Tools for Small Business Investment Projects. Emerging Science Journal, 5(5), 650–666. https://doi.org/10.28991/esj-2021-01302

Cotula, L. (2016). The future of global land grabbing: Realigning policy and rights. Oxford University Press. Retrieved from https://www.iied.org/g04091

Crawford, M. J. (2023). Contract as Property: Triangles and Tragic Choices. The Cambridge Law Journal, 82(1), 83–109. https://doi.org/10.1017/s0008197322000903

Cutts, T. R. S. (2018). Modern money had and received. Oxford Journal of Legal Studies, 38(1), 1–25. https://doi.org/10.1093/ojls/gqy002

Daniels, L. (2025a). How environmental laws affect property rights: understanding the legal implications. Retrieved from https://www.lubiterum.com/2024/11/how-environmental-laws-affect-property-rights-understanding-the-legal-implications

Daniels, L. (2025b). How judges create common law: understanding the role of judicial decisions in legal precedent. Retrieved from https://www.lubiterum.com/2024/11/how-judges-create-common-law-understanding-the-role-of-judicial-decisions-in-legal-precedent

Dei, M., Kobets, O., Honcharov, A., Tsekhmister, Y., & Shapovalovа, K. (2019). Effectiveness of the program for development of prosecutor’s ecological and legal consciousness. Asia Life Sciences, 10(21), 563–576. Retrieved from https://elibrary.ru/item.asp?id=43219128

Dziuba, A. Y. (2022). Legal regime of human organs and tissues as objects of civil law in the field of transplantation. Social and Legal Studios, 5(1), 51-56. https://doi.org/10.32518/2617-4162-2022-5-51-56

Graham, N. (2010). Lawscape: Property, Environment, Law. Routledge. https://doi.org/10.4324/9780203847169

Graziadei, M., & Smith, L. (Eds.). (2017). Comparative property law: Global perspectives. Edward Elgar Publishing. https://doi.org/10.4337/9781785369162

Hartley, T. C. (2015). Contractual rights and property interests – II. In Hartley, T. C. (Ed.) International Commercial Litigation. Text, Cases and Materials on Private International Law (pp. 821–848), Chapter 30. Cambridge University Press eBooks. https://doi.org/10.1017/cbo9781316155776.033

Howe, H. R. (2016). Making wild law work – the role of ‘connection with nature’ and education in developing an ecocentric property law. Journal of Environmental Law, 29(1), 19–45. https://doi.org/10.1093/jel/eqw029

Hrushchynska, N., Shpak, L., Kovalev, V., & Shepel, T. (2024). Protection of intellectual property rights in economic activity. Studia Iuridica Lublinensia, 33(4), 15–30. https://doi.org/10.17951/sil.2024.33.4.15-30

Iasechko, S., Zaitsev, O., Pokusa, F., Saienko, V., & Harashchuk, I. (2022). Legal regulation of intellectual property in sports. SPORT TK-EuroAmerican Journal of Sport Sciences, 11, 45. https://doi.org/10.6018/sportk.526631

Kurafieieva, I., Khodyko, Y., & Dudenko, T. (2023). Construction of real estate with the involvement of individual funds: The Ukrainian experience. Journal of Property Management, 10(9), 66–76. https://doi.org/10.61275/ISVSej-2023-10-09-05

Lehavi, A. (2019). Why property law needs globalization strategies. In Lehavi, A (Ed.) Property Law in a Globalizing World (pp. 9–41). Cambridge University Press. https://doi.org/10.1017/9781108595391.002

Moher, D., Liberati, A., Tetzlaff, J., Altman, D. G., & The PRISMA Group. (2009). Preferred Reporting Items for Systematic Reviews and Meta-Analyses: The PRISMA Statement. PLoS Med, 6(7), e1000097. https://doi.org/10.1371/journal.pmed.1000097

Nizalov, D., Thornsbury, S., Loveridge, S., Woods, M., & Zadorozhna, O. (2016). Security of property rights and transition in land use. Journal of Comparative Economics, 44(1), 76–91. https://doi.org/10.1016/j.jce.2015.09.005

Ojanen, M., Zhou, W., Miller, D. C., Nieto, S. H., Mshale, B., & Petrokofsky, G. (2017). What are the environmental impacts of property rights regimes in forests, fisheries, and rangelands? Environmental Evidence, 6(1), 12. https://doi.org/10.1186/s13750-017-0090-2

Paryzkyi, I. V., Ivanchov, P. V., & Antonova, O. M. (2021). Privatisation in Ukraine as a deterrent to the innovative development of the national economy. Studies of Applied Economics, 39(5). https://doi.org/10.25115/eea.v39i5.4964

Pasa, B., & DiMatteo, L. (2020). Observations on the impact of technology on Contract Law. In: DiMatteo LA, Cannarsa M, Poncibò C, eds. The Cambridge Handbook of Smart Contracts, Blockchain Technology and Digital Platforms. Cambridge: Cambridge University Press. Retrieved from https://hdl.handle.net/11578/281176

Reimann, M., & Zimmermann, R. (2006). The Oxford Handbook of Comparative Law (2nd edition). Oxford University Press eBooks. https://doi.org/10.1093/oxfordhb/9780199296064.001.0001

Shevchuk, O., Matyukhina, N., Babaieva, O., Lysodyed, O., & Davydenko, S. (2023). Conflict of interest in the activities of judges in Ukraine and the European Union: A comparative legal study. Juridical Tribune, 13(2), 262–282. https://doi.org/10.24818/TBJ/2023/13/2.06

Skliar, I., Pedchenko, N., Strilec, V., Novikova, V., & Kozmenko, Y. (2020). Assessment of the reforms and programs results of Ukraine’s economy sustainable development by means of neural networks. Problems and Perspectives in Management, 18(3), 81–92. https://doi.org/10.21511/ppm.18(3).2020.07

Stryhul, M., Khomeriki, O., Yahodzinskyi, S., Lyasota, L., & Semenets-Orlova, I. (2019). Peculiarities of development and dynamics of economism and the commercialization of Ukrainian higher education. Problems and Perspectives in Management, 17(2), 289-302. https://doi.org/10.21511/ppm.17(2).2019.22

Thomas, G. N. W. (1914). Leading Cases in Workmen's Compensation. Harvard Law Review, 27(3), 295–296. https://doi.org/10.2307/1325996

United Nations Environment Programme. (UNEP). (2019, July). Prosecutors are key to progressing environmental law. Retrieved from https://www.unep.org/news-and-stories/story/prosecutors-are-key-progressing-environmental-law

Wolff, L. C. (2020). The relationship between contract law and property law. Common Law World Review, 49(1), 31–55. https://doi.org/10.1177/1473779520903729

Yurkevych, Y. M., Krasnytskyi, I. V., Krupnyk, R. V., Hrushchynska, N. I., & Petronchak, Y. O. (2021). Problems of multidisciplinary regulation of confiscation of property in Ukraine in the conditions of European integration processes. International Journal of Criminology and Sociology, 9, 3157–3165. https://doi.org/10.6000/1929-4409.2020.09.382

Zavhorodnii, A., Ohiienko, M., Biletska, Y., Bondarenko, S., Duiunova, T., & Bodenchuk, L. (2021). Digitalization of Agribusiness in the Development of Foreign Economic Relations of the Region. Journal of Information Technology Management, 13, 123-141. https://doi.org/10.22059/jitm.2021.82613

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