Bulakh I. Legal regulation of the use and sanative land protection

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0410U004492

Applicant for

Specialization

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

15-10-2010

Specialized Academic Board

Д 11.170.02

Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine

Essay

Research object: public relations which arise up in connection with the use and sanative land protection. Research purpose: development of new theoretical positions of the legal adjusting of the use and sanative land protection and preparation of suggestions on the improvement of the proper legislation. Research methods: historical, dialectical, empiric, system, legalistically-logical, technical-legal, structural-functional, complex, comparatively-legal, logical-semantic, method of interpretation of legal norms. Theoretical and practical value: consists in deepening and improvement in science of the landed right for theoretical developments of the legal adjusting of the use and sanative land protection. Separate scientific positions and suggestions can be utillized: in norm creative activity, on the improvement of the Criminal code of Ukraine, Code of Ukraine about administrative offences, Law of Ukraine "On resorts"; in practical activity of organs of executive power and local self-government; in research activity during the leadthrough of subsequent researches of questions of the use and sanative land protection; in an educational process at teaching of discipline the "Landed right for Ukraine", and also at preparation of methodical developments on this discipline. Separate positions of dissertation job performances are utillized in the Odessa state university of internal affairs, and also at consideration of the proper landed businesses as a methodical consultative pointing. Scientific novelty: the specified division into periods of development of legislation is offered in industry of the use and sanative land protection, the historical stages of his becoming are selected. Investigational basic signs of the legal mode of sanative land, geared-up suggestions in relation to perfection of the proper positions. The features of the use and protection of health locality and health resorts are certain. The analysis of legal status of proprietors and users of sanative land is conducted. The order of acquisition, limitation and stopping of rights on sanative land is investigated. On the basis of analysis of the landed legislation found out the legal measures of sanative land protection. Specific of the legal management of use and land protection of sanative land is studied, geared-up suggestions in relation to the increase of his efficiency. A legislation of legal responsibility for sanative land delinquency is analysed, basic directions of its perfection are developed. The analysis of current legislation showed a series of suggestions as to perfection of the legal control of use and sanative land protection. Sphere of the use: subjects of initiation of bill; organs of executive power and local self-government; judicial organs; higher educational institutions.

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