Vivcharenko O. Guarantees of the land title in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0405U002185

Applicant for

Specialization

  • 12.00.06 - 3емельне право; аграрне право; екологічне право; природоресурсне право

18-05-2005

Specialized Academic Board

Д26.236.02

Essay

The thesis is devoted to the scientific problem of improvement of the Ukrainian legislation in the field of guarantees of land title in Ukraine. The notions and characteristics of the guarantees of land title such as the essence of the guarantees; the ratio of the bases protection and the defence of the land title in Ukraine; the system of the defence means; the responsibility for guarantees violations are researched. New approaches to the solution of the problem about separation of the law status of Ukrainian people and the State as the subjects of the land title are proposed in the scientific work. The separation of the bases of the illegal status of the agreements regarding land plots are enlighted. The reasons for improper regulation of the bases of the damages reimbursement according to the Land Code are researched. An item about legal nature of the responsibility in the form of termination of the land use right which is in violation of the land legislation is researched as well. The presence oflegal regulation of the extreme necessity and the need for solving the collision problems of Land Code and the Civil Code provisions are worked out. The methods of legal regulation improvement of the problematic questions are characterized and the draft amendments to the legislation of Ukraine on the title of the thesis are proposed.

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