Kuzmenko N. Decisions of Local Government in the Mechanism of Land Relations Legal Regulation.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U001401

Applicant for

Specialization

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

30-03-2018

Specialized Academic Board

Д 26.001.52

Taras Shevchenko National University of Kyiv

Essay

The dissertation is an independent comprehensive scientific research devoted to the comprehensive study of decisions of local government in the mechanism of land relations legal regulation. The paper deals with the definition of the legal nature of decisions of local government that are adopted in the field of land relations, by examining their concept, types and place in the mechanism of legal regulation of land relations. It is substantiated that during making decisions in the field of land relations regulation, local governments can act in two roles: as subjects of authority and as equal participants in land legal relations when exercising the rights of the owner to the land. When making decisions of an imperative nature in land legal relations, local governments exercise authority and must adhere to the special-permit principle stipulated in Part 2 of Article 19 of the Constitution of Ukraine. In the case, when local governments exercise the rights of the land owner on behalf of the Ukrainian people according to Part 1 of Article 13 of the Constitution of Ukraine and exercise the right of municipal land ownership on behalf of the respective territorial community in accordance with Article 83 of the Land Code of Ukraine, such bodies enter in relations based on the legal equality of the parties, and must adhere to the general requirements of legislation like other natural persons and legal entities. The most common types of local government decisions of normative and individual-legal nature adopted in the field of land relations are analyzed in detail, which has made it possible to obtain a number of scientific results of theoretical and practical significance.

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