THE CONCEPT, ESSENCE, AND TYPES OF BENEFICIAL OWNERSHIP IN CIVIL LAW

Abstract

This article provides a comprehensive analysis of the legal nature of beneficial ownership, its role in the civil law system, and its significance in modern economic relations. The subject of the research is the legal relations related to the beneficial owner, and the object is the national and foreign norms regulating this institution. The relevance of the topic is explained by the need to ensure financial transparency on a global scale, prevent tax evasion, and combat illegal financial transactions. In the course of the research, methods of comparative-legal, historical and systematic analysis were used. As a result, it was substantiated that the lack of a clear definition of the concept of beneficial ownership in national legislation causes various problems in law enforcement practice. Also, the different interpretations of this institution in the continental and Anglo-American legal systems were revealed. At the conclusion of the study, the necessity of improving the mechanisms for regulating the beneficial owner’s property rights and aligning them with international standards was substantiated. At the same time, practical proposals and recommendations were developed regarding the need to unify judicial practice, strengthen the activities of authorized bodies, and define the rights and obligations of interested parties at the legislative level for the effective application of this institution.