Issue: № 8, 2023
Doi: https://doi.org/10.37634/efp.2023.8.22
The paper analyzes the legal regulation of the activities of farms in Ukraine under the conditions of the legal regime of martial law. The concept of farms, the procedure for their registration and the composition of their land plots are given. The procedure for acquiring ownership rights to agricultural land plots by citizens of Ukraine – members of farms and farms is generalized. The grounds for the preferential right to purchase (repurchase) land plots and register the lease of land plots are indicated. It has been established that the state, under martial law, is trying to legally regulate land relations and the work of agricultural producers, including farms. The peculiarities of the legal regulation of the activities of farms in the conditions of martial law are determined. The changes in the current legislation during the period of the introduction of the legal regime of martial law on the territory of Ukraine, which relate to the activities of farms, in particular regarding lending, reservation of conscripted farm workers, simplification of licensing of seed material and equipment, are analyzed. The judicial practice in the field of land relations of farms was analyzed and proposals were made for making changes to the current legislation. According to the results of the scientific research, it is proposed to add part 7 of Article 81 of the Law of Ukraine "On Land Leasing" with the following content: "After the state registration of the farm and the transfer to it of the rights and obligations of the lessee of the land plot under the land lease agreement of the state or communal form of ownership, such the transfer does not require the parties to the lease to take any additional actions, including the conclusion of additional agreements. In this case, the lessee does not alienate the right to lease the land, which is limited by the first part of this article".
Keywords : farming, martial law, land, rent, case law, reservation, mobilization
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