Dudnyk D. Alienation of a land plot for purposes of public necessity: сivil law aspect

Object: a social and legal relations arising, change and stop at the alienation of land for public use. Purpose: development of theoretical and practical issues of alienation of land for public use as grounds for termination of ownership and justify proposals for improving the regulation of relations with the termination of ownership of land due to public necessity based on a comprehensive analysis of civil law, its application and theoretical positions in this area. Methods: a system of philosophical, general, specific scientific and specially-scientific methods of cognition, such as hermeneutic method of analysis and synthesis, induction and deduction, historical, simulation, comparative legal and formal-legal. Theoretical and practical results, scientific novelty: the necessity of legislative provisions to guarantee the rights of the owner of the land plot to free a decision on alienation of land and the conditions of such exclusion; proposed introduction of compulsory liability insurance of state and local governments for a full compensation for the value of land; reasonably guarantee the rights of individuals are carriers derived from ownership of real rights to land, and those to whom the registered encumbrances or restrictions of land use. Improved definition of «public interest» and «public necessity». Received further develop provisions on grounds for termination of the contract of land sale for public purposes. Defined method of calculating the value of land compensation and other expenses related to the alienation of land for public use, according to the principles of civil law. Practical value: the results of the research can be used in legislative activity - to improve the legislation by amending the laws on alienation of land for public purposes; in enforcement activity - to improve judicial practice of courts in resolving disputes on alienation of land for public purposes; practitioners, management and counsels during participating in the procedures related to the alienation of land for public needs. Scope: in the educational process, in teaching of subjects "Civil Law", "Land Law".