ECONOMIC MEANING RIGHTS OF OWNERSHIP FOR LAND RESOURCES AND OPERATIONS WITH IT

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ECONOMIC MEANING RIGHTS OF OWNERSHIP FOR LAND RESOURCES AND OPERATIONS WITH IT

Journal Title: Науковий погляд: економіка та управління - Year 2018, Vol 4, Issue 62

Abstract

In countries with a market economy, the foundation of functioning is ownership. Many scholars gave a definition of this term. It is more expedient and complete to define the right of ownership, as social relations between people and their various associations regarding the appropriation of means of production and labor in the process of production, distribution, exchange and consumption. The content of this concept includes the existence of three main components: the right of possession, use and disposal. Characteristic features of the right to ownership of natural resources are a sign of indecision, the indivisibility of objects of nature from the natural environment, the lack of value of natural resources as a sum of expenditures of socially necessary labor. There are four types of property rights to resources: public or state property, private property, common property and open access. The basis of the right of ownership is the following: provision, as an administrative process and acquisition, through the conclusion of the relevant agreements. In accordance with the Decree, the President of Ukraine “On the Procedure for Land Tenure Transferred to the Collective Ownership of Agricultural Enterprises and Organizations” of August 8, 1995, made a decision on the disintegration of agricultural land. Each employee of an agrarian enterprise or organization was transferred into the ownership of a conditional land plot – a unit – the size of which was determined from the calculation of the land area and the number of members of the enterprise. But not all got a certificate of ownership of the land: some – did not take advantage of the opportunity, others did not have time. During the privatization of agricultural land, the ecological-economic model was not formed and implemented, which led to the grinding of fields, the principle of social justice and, ultimately, the ineffective use of land resources are not fully adhered to. In Ukraine, from 2001 and till January 1, 2019, a moratorium on the sale of agricultural land is in accordance with the transitional provisions of the Land Code of Ukraine. And on December 4, 2018, the Verkhovna Rada registered a bill number 9355-5, according to which the moratorium continues until January 1, 2020. For today, the moratorium violates the right to dispose of its property by individuals at its own discretion. The moratorium violates Article 1 of Protocol No. 1 (property protection) of the European Convention on Human Rights. These problems contribute to the functioning of the shadow circulation of land, the loss of budget revenues, and the insecurity of rights and, as a result, the reduction of productivity of agricultural production. Withdrawal of the moratorium on the sale of agricultural land will not solve the above problems.

Authors and Affiliations

Olena Skopova

Keywords

EP ID EP450515
DOI 10.32836/2521-666X/2018-4-62-14
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