Galchynska N. The legal regime of land of industrial zone in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0411U000673

Applicant for

Specialization

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

16-02-2011

Specialized Academic Board

Д 64.086.04

Yaroslav Mudryi National law university

Essay

The dissertation is focused on the research of the scientific, theoretical, legal and institutional foundations of the legal regime of the industrial lands and the lands of the industrial zones. As the result of the research the dissertation provides scholarly analysis of the system, structure, functions and competences of the government and municipal bodies regarding the use and protection of the industrial lands. The author formulates the definition of the notion of "the industrial zone", "the lands of the industrial zones", unveils the legal nature and organizational mechanism of the selection of plots for the industrial zones, and proves the necessity of legal definition of the industrial lands as the separate category of lands in Ukraine. The paper describes the possible and permissible legal forms of the use of the industrial lands, divulges the foundations, conditions, methods and sequence of the realization of rights to the plots of industrial zones, which include the right of state ownership, the right of permanent use, the rental rights, the private ownership rights to land, and the concession rights to use the land for industrial zone. The legal models of the industrial lands' use and the ways of implementation of the rights to the plots in the form of industrial parks of "brown field" and "green field" types receive their very first analysis in the theory of land law in Ukraine. The dissertation contains a number of the proposals to amend the current legislation on land aimed at effective use of the industrial lands in Ukraine as well as attracting investments in the economic development on the local, regional and national levels.

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