Issue: № 4, 2024
Doi: https://doi.org/10.37634/efp.2024.4.23
The paper examines the concept of agricultural land as the main category of land in Ukraine, reveals the peculiarities of the legal regime and composition of the specified category. The composition of agricultural lands has been established. A general description of agricultural land and its area in Ukraine is given. The negative consequences that affected the legal regime of use and protection of agricultural lands are indicated. It was also established that the concept of land plot for agricultural purposes is absent in the legal framework, on the basis of which a proposal was made to supplement the Land Code of Ukraine with such a concept. It was established that the very concept of the legal regime of agricultural lands has a number of features that are inherent only to agricultural lands. In the process of the analysis and research of the regulatory legal framework of the main legislative acts of land law and the research of scientists, we proposed our vision of the concept of agricultural land, namely: "Agricultural land is land that, by its properties, is suitable for cultivation, production, storage, processing and sale of agricultural products, and can also be provided for scientific research and educational activities of interested subjects". The mentioned concept is proposed to be included in Article 22 of the Civil Code. It is clear that such a definition is complex but short, and for its further understanding it is also possible to add the Article, part 2 of Article 22 of the Civil Code of Ukraine, for the purpose of greater understanding. Also proposed is the following version of the concept of a plot of land for agricultural purposes - it is a plot on which agricultural activity is carried out or can be carried out, has appropriate boundaries, area and an owner (tenant) who has a document confirming the right of ownership. In order to eliminate the gap in land legislation, we propose to add part 3 of Article 22 of the Civil Code, which specifically establishes the concept of agricultural land.
Keywords : agricultural land, agricultural land, non-agricultural land, land plot, agricultural land plot
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