Issue: № 3, 2024
Doi: https://doi.org/10.37634/efp.2024.3.20
The paper raises the problems of acquiring the right to private ownership of land through the free privatization of land plots from reserve lands. Special attention is paid to the need to implement constitutional principles regarding the guarantee of land ownership, acquisition of ownership in accordance with the law, and equality of subjects of land ownership. The shortcomings of the legal provision of the procedure for acquiring ownership of a plot of land specified in the Land Code of Ukraine, which involves an independent search by a person concerned for a free plot of land within the boundaries of state and communal property and the absence of any criteria for determining the procedure for the allocation of a particular plot of land, have been revealed. The issue of ensuring the principle of equality of the subject of property rights before the law in the process of realizing the right to free privatization of the land plot is raised. Scientific approaches are being developed, according to which the exercise of the right to own land by state authorities and local self-government bodies has a slightly different legal nature and content than that of private owners. The mandatory procedure for the implementation of the relevant right by state authorities and local self-government bodies, which must ensure the right of citizens to free access to information about such a plot, as well as the specified mechanism for its free transfer to the citizen, is substantiated. Based on the results of the study, the need for further improvement of the legislative mechanism for acquiring the right to private ownership of land is substantiated, taking into account the analyzed constitutional principles. Among the key tasks of the legislative support of the relevant procedures, the following are highlighted: land inventory and filling of the state land cadastre at the expense of local budgets in order to determine the free land that is in reserve; determination of criteria and order of possible distribution of land, taking into account the characteristics of specific administrative-territorial units; review of the jurisdiction of consideration of the relevant category of cases in the direction of administrative jurisdiction.
Keywords : constitutional guarantees, private property private ownership of land, privatization, land plot, acquisition of rights
References:
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