Fraudulent and fictitious laws in the context of transfer of property of prohibited political parties to state ownership

The article explores the legal nature of fraudulent and fictitious transactions in the context of transferring the property of banned political parties to state ownership. It clarifies the essence and distinguishing features of these transactions and analyzes their role in ensuring the implementation of court decisions on party prohibition and the restitution of assets to the state. Based on an in-depth analysis of civil, commercial, and constitutional law, as well as the case law of the Supreme Court of Ukraine, the study identifies criteria for differentiating between fraudulent and fictitious transactions. It is demonstrated that a fraudulent transaction is characterized by the actual will of the parties but pursues an unlawful objective aimed at harming state interests. The article substantiates the effectiveness of a claim to invalidate a gift agreement and the application of restitution as adequate judicial remedies in cases concerning the recovery of assets belonging to banned political parties. The scientific novelty of the research lies in the substantiation of the doctrinal model of a fraudulent transaction as a specific form of abuse of rights that combines private- and public-law elements and may serve as an effective mechanism for protecting state interests in legally significant relations. The paper proposes criteria for identifying fraudulent actions that are essential for the unification of judicial practice in cases involving the alienation of assets belonging to political parties prohibited by court decisions. It concludes that the application of the fraud doctrine within the Ukrainian legal system reflects the principle of the rule of law and promotes the consolidation of justice, good faith, and fairness in the protection of public property. The practical significance of the results lies in their potential use by the Ministry of Justice of Ukraine when preparing procedural documents, formulating legal arguments for court proceedings, and improving legislative regulation concerning the invalidation of transactions aimed at avoiding the transfer of assets into 

fraudulent transaction; fictitious transaction; invalidity of transaction; banned political parties; state ownership; restitution; state interests; Ministry of Justice of Ukraine; judicial protection