Onika Y. The proprietary rights to forest fund lands: civil law aspect

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U001071

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

21-12-2015

Specialized Academic Board

К 64.051.28

Essay

Object of research is public relations arising from the emergence and realization of property rights to forestryland plots. Purpose: to indicate features of legal regulation of property rights to forestry land plots, considering civil-law aspect,to create a theoretical basis for the improvement of the provisions of other law areas that govern property relations regarding the mentioned objects. Methods: the set of following methods: general philosophical, general scientific and specific legal ones. Particularly including the metaphysical, dialectical, hermeneutical, method of analysis and synthesis, induction and deduction, historical, modeling method, comparative-legal and formally legal methods of cognition. Theoretical and practical results, scientific novelty:it is provedfor the first time that the forestry landplot is a complex object, and the forest vegetation is an integralnatural component of such land plot, but not its accessory, therefore, it cannot be an independent object of the civil-law transactions. The theoretical definition of agroforestryvegetation or agro forest is given. The appropriateness of the amending of clause 24 of Forest Code of Ukraine with defined paragraph 3 is ensured. It is proved, that the right to establish aforest servitude on the forestry land plot shall be provided only to owners and permanent users ofsuchland plots. The theoretical generalization of the issues concerning legal regime of ownership and other property rightsfor forestryland plots was further developed. Practical importance:implementinginto the legal actsthe proposed recommendations regarding legal regulation of property rights to forestry land plots will allow to improve legislative base and, as a consequence, its practical application. The formed conclusions can be used in the research work, legislative activity,in law enforcement activities. Application area: in the educational process – for the preparation of the relevant sections of textbooks and lecture courses of "Civil law", "Land law", "Environmental law" and special course of "Property law".

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