The Legal Mechanism of Commercial Real Estate Transactions as an Effective Crime Prevention Measure under English Law


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Abstract

The study examines the peculiarities of national legislation concerning shared ownership, including commercial real estate, the procedure for making transactions with real estate regulated by law, and the specifics of legal relations related to ownership of property. Attention is drawn to the fact that common ownership includes: limited liability companies, offshore mutual funds of real estate investments and limited liability partnerships, which are characterized. The article describes the procedure for conducting real estate transactions in England, the sequence of which is determined at the legislative level and is presented in the form of mandatory regulations. Attention is focused on the sequence of actions performed when making transactions with real estate of each of the parties-the seller and the buyer, the sequential steps are given in the prescribed manner in tabular form and consist of the following: conclusion of the contract of intent, preparation of the contract of sale, signing the contract before the completion of the transaction, completion of the transaction, actions after the completion of the transaction. Comments are provided for each listed step of the transaction. The article emphasizes that a clearly regulated procedure for real estate transactions contributes to the effective prevention of crimes in the real estate sector, since the detailed sequential actions of each of the parties to a civil transaction exclude the possibility of violations of the current legislation. However, the violations of the latter have not been completely eradicated and the responsibility for their commission is indicated in the Theft Act 1968, the Criminal Damage Act 1971, and the Theft Act 1978. The information presented in the article is informative, of particular scientific interest, and may be useful for conducting a comparative analysis with Russian legislation. Only authentic sources were used in the preparation of the article. The purpose of the study: to consider the features of the national legislation of England concerning property, including real estate, which is in shared ownership, to show that the mechanism of transactions regulated at the legislative level is an effective measure to prevent the commission of crimes, including in the field of real estate. The methodological basis of the work is the formal-logical approach, structural analysis, transformational synthesis, compilation method, etc.

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About the authors

Inessa V. Petrova

Academy of Management of the Ministry of Internal Affairs of Russia; Ministry of Internal Affairs of Russia for the city of Kurgan

Email: petrova.inessa.v@yandex.ru
adjunct of criminal policy Russian Federation

References

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  2. Criminal damage [Электронный ресурс]//The Crown Prosecution Service - Режим доступа: https://www.cps.gov.uk/legal-guidance/criminal-damage Дата обращения 16.07.2020 года.
  3. Executive Summary [Электронный ресурс] /Crime against business: findings from the 2018 Commercial Victimisation Survey: Statistical Bulletin 17/19. - Режим доступа: https://www.gov.uk/government/statistics/crime-against-businesses-findings-from-the-2018-commercial-victimisation-survey-data-tables Дата обращения 03.06.2020 года.
  4. Introduction [Электронный ресурс] /Crime against business: findings from the 2018 Commercial Victimisation Survey: Statistical Bulletin 17/19. - Режим доступа: https://www.gov.uk/government/statistics/crime-against-businesses-findings-from-the-2018-commercial-victimisation-survey-data-tables Дата обращения 15.03.2020 года.
  5. https://lawbook.online/ugolovnoe-pravo/prestupleniya-protiv-sobstvennosti-8140.html //Дата обращения 16.03.2021 года.
  6. Criminology: Textbook for universities / ed. by prof. V. D. Malkov-27th ed., reprint. and additional-M.: CJSC «Justicinform», 2006. P. 528 p. https://studme.org/34478/pravo/zarubezhnyy_opyt_preduprezhdeniya_prestupleniy Accessed 10.04.2021.

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