Kogut N. Legal Supplement of Free of Payment Land Privatization in Ukraine

Dissertation is devoted to the complex analysis of legal nature, forms, significance and procedure of free of payment land privatization in Ukraine. Legal peculiarities of different possible procedures of free of payment land privatization are disclosed. Also, the author proposes dividing free of payment land privatization into two varieties: guaranteed and non-guaranteed ones. This dividing is done according to coverage of rights and possibilities of land privatization subject and its power agencies. Ukrainian legislation provides guaranteed rights of its citizens to privatize land one time for every goal of usage, such as land for personal rural economy, land for farming, croft parcel, orchard, garage and summer cottage land parcel. Except for it, valid legislation in realms of non-guaranteed land privatization anticipates legal grounds for free of payment land privatization by judicial persons, such as building and orchard cooperatives. Such privatization includes land parcels under forest trees and lakes which have special valuation. The author criticizes non-guaranteed land privatization entirely because it allows authorial organs to enact any decision about free of payment land privatization since its subjects have no rights to privatize such land parcels but just a legal interest about it and there are no any anticipated competition terms for choosing whose interest to be satisfied and whom to be refused in it. Speaking about guaranteed free of payment land privatization there also exist some gaps. Troubles in defending human's rights to land are in procedure of passing individual acts and state organs that have an authority in this sphere. Council sessions are to take decisions about land privatization for every person separately, but deputies have only political responsibility for their decisions and even court can't oblige them to anything. So the author came to the conclusion that there should be a unified state organ specialized on land privatization which should consist of state officers who would carry criminal and administrative responsibility for illegal decisions. Besides Constitutional Court of Ukraine allowed councils to annul their own decisions, but there hadn't been taken into account that there are certain part of decisions which are individual acts and should be annulled only with help of court, because individual acts about land privatization give personal rights.