Arseniuk A. Procedural due process at the judicial examination of the land disputes in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U004653

Applicant for

Specialization

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

19-10-2016

Specialized Academic Board

К 26.004.16

National University of Life and Environmental Sciences of Ukraine

Essay

This thesis research is dedicated to the comprehensive analysis of the modern theoretical and practical issues on procedural due process at the judicial examination of the land disputes in Ukraine. The work presents the analysis with regard to the doctrinal clauses on the land and procedural legal relations for examination and asettlement of the land disputes with consideration of its peculiarities. As the result of this research, the definition of a land dispute is proposed, its characteristics, structure and dynamics of development are examined. Considerable attention is devoted to the main reasons of the land disputes arising and solutions to cope with such disputes. The thesis gives the detailed consideration to the modern issues of the land disputes jurisdiction, the author has studied the practice of the current laws application at examination of certain categories of the land cases by the general and specialized courts and determined the procedural aspects of its solution. In the context of the progressive international experience of the foreign countries, the issue as regards to introduction of the alternative land dispute resolution is considered – the parties’ conciliation procedure at participation of a professional judge. The specific amendments and supplements to the current laws of Ukraine are proposed to enhance the effectiveness of the land disputes resolution.

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