Bakulina S. Peculiarities of judicial review and resolution of public land disputes

The dissertation is devoted to the theoretical synthesis and a new solution of the scientific problem, which aims to reveal the peculiarities of judicial review and resolution of public-law land disputes, to determine the procedure defects of the court’s activity regarding their consideration and to distinguish the areas of improvement of the current legislation in the investigated sphere. The author’s definition of «public-legal land dispute», as a public law-based dispute between two or more parties of legal relations, in which at least one of the parties is the subject of power, the subject of which is the decision (action) of the subject of power aimed at the transfer or inactivity (passive interference with the transfer) of the right to own, use and dispose of land plots of state or communal ownership in private ownership, or the decision (action) of the subject of authority powers an on the return to the state or communal property previously transferred to the ownership or use of the land plot; his signs are outlined. A number of proposals for introducing legislative changes were made in order to improve the procedural principles of the work of judges on the review of public land disputes, in particular, it was proposed: to define the categories of public land disputes in the CASU, and private land legal disputes in the CPKU and the EPCU, as well as – to define clear criteria of jurisdiction of land affairs in the Resolution of the Plenum of the Supreme Court.