Unlocking of moratorium on agricultural land plots circulation in the context of top priority of their conservation
Journal Title: Регіональна Економіка - Year 2017, Vol 84, Issue 2
Abstract
The article reviews the implementation peculiarities of moratorium on alienation of land plots designated for commercial agriculture and the rights to them, as well as the reasons, the backgrounds and the risks of its prolonging in modern terms. <br>The author proves the fact that a real threat of negative social and economic consequences can arise under probable moratorium unlocking accordingly with the decision of the European Court of Human Rights or the Constitutional Court of Ukraine and in case of permanent stagnation of national legislative regulation model of commercial agriculture designated land plots circulation and absence of public consensus towards the entities-land purchasers. <br>The article reveals the essence of methodological and legal contradictions of current Land Code of Ukraine regarding moratorium unlocking solely for entry into force of the law on agricultural land circulation. <br>It is defined that due to systematic imperfection of land relations transformation mechanism in Ukraine and absence of effective complex state policy towards land conservation, the perspective of legal liability for harmful effect on wealth of agricultural land and soil fertility had been eliminated even before the moratotium was imposed. <br>The author proves that the urgency and the legitimacy of the records from the State Land Cadastre on agricultural land plots as the objects of perspective full-fledged market circulation are legally regulated by consequent deadlines, in particular overall survey each 20 years; soil judgment at least once per 7 years; economic assessment and regulatory monetary evaluation of these land plots at least once per 5-7 years. <br>It is determined that in the background of permanent delay of adequate state activities on land conservation, the introduction of free agricultural land plots circulation constitutes a threat to qualitative social and economic changes in Ukraine. <br>The articles reasons the consolidating approach to unlocking of moratorium on land plots alienation based on priority of the state constitutional mission concerning maintenance of high land conservation. <br>The changes to the Land Code of Ukraine were suggested in the context of imposing the restrictions and requirements to full-scale preventive maintenance of priority conservation of agricultural land plots; defining of the terms of citizens’ constitutional rights implementation on precise land plot as an ownership object in the process of investment circulation. <br>The author proves the fact that the right to first purchase of private property land plots, which are under the alienation ban until January 1, 2018, must belong exclusively to the state upon the terms defined thereof. <br>The article suggests considering of state as the only first buyer of land plots and the rights to them that serve as the subject to the moratorium not as a denial of their market circulation, but rather as a state investment instrument, which unlocks moratorium on market circulation.
Authors and Affiliations
Ivan R. Zalutskyy
Keywords
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- EP ID EP435485
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