Suchergebnisse

The scientific article is devoted to the study of land (land plot) as an object of civil rights. The article indicates that the relevance of writing an article is due to the land reform in Ukraine. Delimitation of the legal concept of "land" and "land plot" is carried out. The article analyzes the rules of law on a land plot as an object of property rights. An integrated theoretical approach to the legal regime of land and a land plot as an object of civil rights is considered. The features of a land plot as an object of civil rights have been determined. The importance of protecting the lands of Ukraine by the state has been substantiated. It was found out how the legal regime of a land plot differs from the legal regime of other real estate or other things. Land and land plot are identified with the boon as an object of civil rights. The view of the land plot is illuminated as an intangible and material boon. A critique of the scientific definition of land as an object of land relations is given. It is determined that there is a need for a compromise between private interests, the interests of the land market and environmental interests, which can simultaneously contribute to the protection of the civil law regime of land and the protection regime of a natural object. A distinction is made between the legal regime of construction real estate and the legal regime of land as real estate. It also indicates the difference between a land plot as an object of property rights and other objects of property rights. The conclusion is made about the need for comprehensive legal regulation of land relations, about the limited legal regime of the land plot. Some shortcomings of land legislation were identified, and proposals were made for its improvement. Further, these objects are examined as an intangible boon and a material boon, and both objects are defined. It is noted that the legal regulation of land relations, the object of which is intangible and material benefits, should be comprehensive, not only private, but ...

The urgency of writing the article is conditioned by land reform in Ukraine. The land is a national wealth and a profit-making entity. According to the legislation of Ukraine, the land plot is the object of civil rights and the object of public administration of public social relations, which consist of the protection and use of land as a natural resource. When creating the land market, it is necessary to carry out private legal regulation and public administration. The state have to ensure the rational use and protection of the country's single land fund regardless of ownership. The legislator should enshrine the special legal regime of land plots as objects of civil rights. Land management and cadastral records are of an administrative and legal nature, the activity of these organizations is required for the land market. State and local management of this land fund should be aimed at ensuring the rational use and protection of the country's single land fund. Authorities are required to keep records and control of land boundaries. Special legal regulation is required if the subject of sale is the soil layer of the site. Certain parcels of land may be withdrawn or restricted. There are problems when the land is connected with real estate or moving things. It is necessary to carefully distinguish the right to the land from the right to the subsoil. The state should control the targeted use of the land, as there are limited natural resources. Land ownership has a social function. Agriculture meets the important needs of society. The balance of interests of the owner and the society must be reached. Land legislation must be comprehensive, public and private. The International Monetary Fund is a creditor of Ukraine and is pushing for Ukraine to make Ukrainian land an object of sale. Politicians believe that this will make Ukraine a third world country. The primary task of the legislator is to create a systematic agrarian socio-economic policy of the state, approved in a national referendum.