Land as an object of contractual legal relations in domestic legislation

Issue: № 3, 2026

Doi: https://doi.org/10.37634/efp.2026.3.2

The paper reveals the role and problems of determining the features of land as an object of contractual legal relations in domestic legislation as one of the conditions for building a modern democratic society in Ukraine. It is determined that the post-war development of the economy of Ukraine will be inextricably linked with the use of its unique strategic resource of land. The value of land as a national wealth lies in its multifunctional purpose. From the point of view of geopolitics, Ukrainian lands have always been at the intersection of trade routes and the interests of world power circles. Our land is the most important natural wealth of our state. It is the basis of production in agriculture and the foundation for the location and development of all other sectors of the national economy. Land is a general object of land legal relations regardless of its intended purpose, category and form of ownership. The problem of determining land as an object of transactions can also be a component of a more general problem of contracts in environmental law or civil law. It is proven that issues related to land include the orientation of state policy towards economically and legally, environmentally safe and high-tech land use. Land as an object of legal relations is often considered as a complex legal phenomenon, which includes such an element as a “land plot”. Civil law norms are used to regulate relevant legal relations, where the object is land, only if they are not regulated by land law norms. Land legislative practice is distinguished by the division of land into separate categories depending on the characteristic features and properties of each category. Legal relations related to land are a rather complex category, therefore, despite the fact that there is a rather lively discussion around this concept. It is important to determine reasonable legislative support for land legal relations in order to more effectively exercise their rights and freedoms by individuals and legal entities, because the practical implementation by land owners of their powers to dispose of land is often complicated by the presence of contradictory provisions and certain gaps in land and civil legislation.

Keywords : land plot, land, contract, private law, legal regulation, property rights, transfer of property rights, land use, land law, construction law, guarantees of land ownership rights, contractual relations, obligations

References:

1. The Constitution of Ukraine: Law of Ukraine of 28.06.1996 № 254k / 96-VR. URL: zakon.rada.gov.ua/laws/show/254к/96-вр#Text (in Ukrainian).

2. Land Code of Ukraine: Law of Ukraine of 25.10.2001 № 2768-III. URL: https://zakon.rada.gov.ua/laws/show/2768-14#Text (in Ukrainian).

3. Civil Code of Ukraine: Law of Ukraine of 16.01.2003 № 435-IV. URL: https://zakon.rada.gov.ua/laws/show/435-15#Text (in Ukrainian).

4. Trypolyts R.V. Land resources as an object of state administration. State and regions. Series: State administration. 2009. No. 3. pp. 236-257. (in Ukrainian).

5. On land protection: Law of Ukraine dated 19.06.2003 No. 962-IV. URL: https://zakon.rada.gov.ua/laws/show/962-15#Text (in Ukrainian).

6. Bryhinets O.O. Participation of the state of Ukraine in securing the contract as the basis for the transfer of ownership of a land plot. Economics. Finances. Law. 2021. No. 8. pp. 5-8. (in Ukrainian).

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