Lovochkina V. Legal regulation of land turnover under the legislation of the PRC and Ukraine: comparative legal analysis.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U003591

Applicant for

Specialization

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

30-06-2016

Specialized Academic Board

Д 26.001.52

Taras Shevchenko National University of Kyiv

Essay

The categories and concepts of the land law, which are related to the using of the concept of land turnover were defined. The question of "land turnover" and "land market" interrelation was investigated, as well as other definitions commonly used in scientific literature as synonymous. It was found that land turnover as a complex notion which covers all forms of land rights transfer and characterizes the overall market turmover of land, and therefore includes all transactions related to the land. The historical features of the development of land legislation in Ukraine and China were investigated. The specificity of the ancient Chinese custom of Dian and its impact on the modern development of land turnover in China was analyzed. The comparative analysis of the general principles of the legal mechanism of land turnover under the laws of China and Ukraine was made. The author studies the basic principles of the land law of China and Ukraine, which directly effect the formation of the system of land turnover in these countries. The work contains scientific classification of land turnover in China. The basic methods of rights acquisition of the state land in China under the administrative procedure were investigated. Also such methods were compared with land acquisition under the administrative proceedings in Ukraine. The essence of the system of collective land ownership in China, which operates in the form of a family contract, was analyzed, as well as the main forms of collective ownership land turnover in China.

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