PRINCIPLES OF LEGAL REGULATION OF COMMERCIAL REAL ESTATE IN UKRAINE

Abstract

The article identifies and summarizes the principles of legal regulation of commercial real estate in Ukraine as a complex system of foundations that shape the content, direction, and limits of regulatory influence exercised by the state and private actors in the sphere of real property. The meaning of the concept of “principle” is revealed in a theoretical and legal dimension, emphasizing its fundamental character and role as an initial normative guideline ensuring unity and stability of the legal system. It is demonstrated that general theoretical principles of law, including legality, justice, proportionality, legal certainty, and good faith, constitute the basis for sectoral and special regulation of relations concerning commercial real estate. The principles of administrative law that determine the activities of public authorities in the real estate sector are analyzed, with emphasis on openness, accountability, efficiency, non-discrimination, and good governance.Particular attention is paid to theoretical approaches to understanding the principles of legal regulation as an autonomous legal category that ensures the systemic and effective nature of regulatory influence. The study outlines the specific application of general civil-law principles–such as equality of participants, inviolability of property rights, freedom of contract, reasonableness, and fairness–in the context of commercial real estate circulation. Special principles enshrined in legislation on state registration of proprietary rights and land lease are examined, including reliability, publicity, registration certainty, unity of the land plot and the property on it, and stability of the legal regime. The article highlights that the real estate market is significantly affected by crises, wartime conditions, and macroeconomic instability, increasing the importance of clear and systematic regulatory principles. It is concluded that the integrated application of administrative, civil, and special principles forms the basis for establishing a transparent, predictable, and secure environment for the functioning of the commercial real estate market and ensures the stability of legal relations in the respective domain.