ON THE ISSUE OF TRANSFORMATION OF RIGHT OF PERMANENT LAND USE
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 1, Issue 4
Abstract
The article is devoted to the analysis of the right of permanent use of land under the current legislation of Ukraine. The obsolete nature of this title and the need for its transformation into more complete rights (which provide for the possibility of disposing of land plots) is proved. The right to the permanent use of land is an outdated material and legal title, which “has migrated” to Ukrainian legislation from the Soviet one. Due to the provisions of the Land Code (hereinafter – the LC) of Ukraine, it may belong to a limited number of subjects and does not provide for the administration of a land plot. As a result, neither the title itself nor the land plot attached to it, are not subject to alienation or even the provision for use to third parties, which leads to ineffective use of surplus land resources, which are in use by state and communal legal entities. The right to permanent land use today seems outdated material and legal title, the mention of which should be removed from the law. The scope of this right, which does not provide for any (even minimal) opportunity to dispose of the land, leads to the fact that significant massifs of land are simply not used or are passed into use under apparently binding legal constructions (which means nothing but the lease of land). Taking into account the above, the most optimal option is the transformation of the right of permanent use into the property right and the economic proprietary titles – the right of operational management and economic management (depending on the subject-holder of the right of permanent use). At the same time, for such a transformation it is enough to amend the legislation, for example, the LC of Ukraine (in particular, its transitional provisions) and the CC of Ukraine. At the same time, the issue of transformation of the right to permanent use requires further scientific discussion.
Authors and Affiliations
М. І. Балаценко
Keywords
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