Concepts and features of a public-legal land dispute

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Concepts and features of a public-legal land dispute

Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2017, Vol 2, Issue 2

Abstract

The article explores the legal nature of public legal disputes, on the basis of which the signs of a public-legal land dispute, which determine the necessity of its solution in the administrative-procedural (judicial) order, are clarified, and the author's definition of the concept of a public-legal land dispute is proposed. It is proposed to highlight the following features of a public land dispute: 1) subjects of disputed relations are the subject of a public administration or another entity of power, which is authorized to exercise the powers determined by the law for the transfer of ownership, use and disposal of land state or communal property, as well as physical (legal entity), which seeks to acquire, or acquired and exercises the right to own, use and dispose of state or communal land plots tion of property; 2) the sphere of dispute arises due to the realization of public interest in the rational possession, use and disposal of land plots of state or communal property in the interests of the physical (legal) person, community or state; 3) the subject of the dispute is the decision (action or omission) of the subject of authority to transfer the right of ownership, use and disposal of land plots of state or communal ownership to private or communal property; 4) the basis for a dispute is violation of the lawfulness of the subject of authority in the process of transferring the right to own, use and dispose of land plots of state and communal property in private or communal ownership; it should be noted that the public land legal dispute is absent in the event of a dispute between several subjects (including public law entities) regarding the ownership of the land, in which case there is a private legal dispute. The author's concept of a public land dispute is proposed as a public law-based dispute between two or more legal entities in which at least one of the parties is a subject of power (a body of state power, a local self-government body, their official or other person, another subject in the exercise of their power management functions on the basis of legislation, including for the implementation of delegated authority) subject of which is the decision (action) of the subject of power to transfer or ezdiyalnist (passive interference transmission) ownership, use and disposal of land state or municipal ownership to private ownership or decision (action) government entity aimed at returning to the state or municipal property previously transferred ownership or use of land.

Authors and Affiliations

Svitlana Bakulina

Keywords

public legal disputes public land legal disputes its features administrative court proceedings on the consideration of public-law land disputes

EP ID EP310469
DOI 10.31733/2078-3566-2017-2-84-89
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