Directions of improvements of legal regulations of land relations in Ukraine under conditions of power’s decentralization

Abstract

The article is devoted to analysis of influence of decentralization of power authorities on development of land legislation as well as to finding out directions of improvement of land legislation of Ukraine. Decentralization of power bodies” of authority in the sphere of reg- ulation of land relations is regarded as an important stage of transformation of soviet type land legislation, which served to needs of administrative economy, into market oriented land legislation which serves to needs of democratic society is analyzed. Both notion and principles of decentralization of land authority of power bodies as factors of development of legal regu- lation of land relations in Ukraine is researched. It is proved that in the land law of Ukraine there is reason to consider decentralization of land authority of power bodies in two aspects: 1) as decentralization of public ownership to land with passing of significant part of state owned land into communal ownership of cumulated territorial communities and 2) as decen- tralization of land management authorities of state bodies with passing of significant part of it to local self-government bodies of cumulated territorial communities. To implement decentralization of power body’s authority in the sphere of realization of public ownership rights to land it is necessary to introduce into legislation of Ukraine legal provisions with clear criteria for passing state land to communal ownership of cumulated territorial communities both land within cities, towns and villagers as well as outside of set- tlements. In particular, land legislation of Ukraine has to provide priority of communal own- ership rights to land within territories of cumulated territorial communities by the way of: а) passing of majority of state land outside of settlements into communal ownership of cumu- lated territorial communities; b) installment by legislation legal presumption of belonging to cumulated territorial community of any land within its territory if neither state nor any private person has registered ownership rights to such land. Besides, the legislation has to be added by legal provisions which define authority regarding implementation of communal ownership rights to land by both radas of cumulated territorial community and its executive committee. The main directions of improvement of land legislation of Ukraine are defined in the view of decentralization of land management authorities of power bodies in the sphere of land relations. The author of the article proves that these directions are as follows: 1) providing self-government bodies of cumulated territorial communities – its radas (councils) with au- thority on planning use and protection of all lands within a community’s territory, including communal, state-owned and private lands; 2) organization of consolidation of agricultural and other lands within of its territory; 3) collecting taxes from all lands on its territory and includ- ing of all land tax income to the budget of cumulated territorial community, as well as giving to radas of cumulated territorial communities an exclusive rights to install exemptions from paying land taxes and lease payment for communal land; 4) providing self-government bodies of cumulated territorial communities with authority to conduct monitoring of all lands as well as authority to control land owners and land users regarding following them to requirements of land, urban development and ecological legislation of Ukraine. Thus, decentralization of land management authorities of power bodies with passing big amount of authorities in the sphere of land relations to cumulated territorial communities as main chain of local self-government dramatic renewal of the institute of public ownership to land in Ukraine.

Authors and Affiliations

Pavlo Kulinich

Keywords

Related Articles

Legal Aspects of Integrated and Sustainable Development of Rural Areas of Ukraine

This article deals with the concept of «integrated and sustainable rural development»; author researched positive and negative trends of legal regulation of environmental, econom- ic and social components of sustainable...

Ukrainian legal tradition as the subject of historical legal research

Makes an attempt to analyze Ukrainian legal tradition which based on ethnogenetical, ethnological and theoretical reflection in the context of legal methodological approach to Ukrainian historical and legal reality. Hist...

Components of the state policy of de-occupation

De-occupation is defined as a complex of measures that involves not only the control over the territory of the country, but also the integration inhabitants of the occupied territories into Ukrainian society. Restoration...

Sirenko Vasily Fedorovich - 75 years old

Sirenko Vasily Fedorovich - 75 years old

The question of continuity and continuity as the source methodological problem of historical and legal research

The question of continuity and continuity as the source methodological problem of historical and legal research

Download PDF file
  • EP ID EP525633
  • DOI -
  • Views 48
  • Downloads 0

How To Cite

Pavlo Kulinich (2018). Directions of improvements of legal regulations of land relations in Ukraine under conditions of power’s decentralization. Правова держава. Щорічник наукових праць (Pravova derzhava), 29(), 184-191. https://europub.co.uk/articles/-A-525633