CONFLICT ISSUES OF LAND-USE REGISTRATION PROCEDURES IN PLACING OUTDOOR ADVERTISING OBJECTS
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 1, Issue
Abstract
Public relations in the field of advertising are characterized by multidisciplinary content, basing on economical, psychological, legal and other types of grounds. Analysis of current normative legal acts testifies to the presence of a number of conflict issues regarding the procedure for registration of land use relations when placing advertising constructions. The matter of necessity to conclude a land plot lease agreement between the owners of advertising media and the owners of the land plots, where the appropriate stationary advertising constructions shall be placed, is theoretically and practically uncertain.Due to the requirements of the land legislation, rights to land, including temporary use, require appropriate registration and public certification. On the other hand, legislation on advertising does not require conclusion of a land lease agreement for placement of advertising constructions. Analysis of judicial practice shows contradictions in approaches to solving the mentioned issues and lack of unity of approaches in solving this issue.Thus, in regulation of such relationships there is a typical manifestation of conflict, the mechanism and methodology of overcoming which are theoretically developed rules of systematic interpretation of relevant legal norms, including conclusion from the opposite and direct or indirect devolving along with provision for law.Conclusion from the opposite to the special legislative provision on advertising, which contains restrictions on the establishment of prohibitions, derives a logical provision – other prohibitions on placement of outdoor advertising shall not be established. This normatively derived provision, in terms of proposed methodology, has advantage in law enforcement against the norms of land legislation regarding absence of a need to conclude a land lease agreement when establishing a stationary advertising construction. However, complete overcoming of this conflict, which in theory is called the resolution of conflict, is possible only by amending current legislation.
Authors and Affiliations
С. Г. Деледивка
Keywords
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