TO THE DEFINITION OF SUBJECTS OF THE RIGHT OF COLLECTIVE OWNERSHIP OF LAND
Journal Title: Часопис цивілістики - Year 2018, Vol 31, Issue
Abstract
The article deals with the normative documents on the definition of the circle of subjects who have the right to land that were in collective ownership and did not transfer to the lands of private property and a complete list of such entities is given in the light of legislative changes. It was determined that the subjects of the right of land on collective ownership are: members of the agricultural enterprise, successor of the agricultural enterprise, territorial community as an organ, and, according to constitutional norms, the Ukrainian people in their totality. The disparity and contradiction of domestic legislation in defining the categories of individuals and legal entities that may be subjects of the right to such land are illustrated. The risks that arise as a result of inconsistency of legislative requirements in determining the persons having the right to land of former collective ownership are analyzed, and proposals are made regarding the legislative resolution of this problem. The proposal to revise the issue at the legislative level, concerning the subject of the right to such land, is given by transferring the ownership of all without exception to the lands of collective ownership, which was not transferred to private ownership of territorial communities formed on the ground. It is noted that these legislative changes will enable the latter to dispose of lands with due regard to their purpose, to transfer agricultural land lease on a competitive basis and to receive profits that will be used for social needs of citizens and infrastructure development. Attention is drawn to the need for transparency in the use of agricultural land and the necessity to comply with the provisions of the Constitution of Ukraine, according to which the people of the land are owners.
Authors and Affiliations
Анастасія Олександрівна Забуранна
Keywords
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