Odaryuk M. Legal regulation of procedures in land law.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U002304

Applicant for

Specialization

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

25-04-2019

Specialized Academic Board

Д 64.086.04

Yaroslav Mudryi National law university

Essay

The dissertation is devoted to the complex theoretical study of legal regulation of procedures in land law. Scientific work is the first in the science of land law of Ukraine comprehensive study of the theoretical, legal and practical problems of legal regulation of procedures related to the emergence and termination of rights to land. In the dissertation the legal analysis of the essence and legal nature of the procedures in the land law was made, the concepts and signs of the latter were investigated, as well as the place and role of procedures in the system of land law were determined. In the dissertation the classification of procedures in land law is carried out. The peculiarities of legal regulation of procedures related to the emergence of rights to land are singled out and characterized. The procedure of free land privatization is investigated. The specifics of the legal regulation of procedures related to the termination of rights to land are determined. A number of scientific conclusions and recommendations for the improvement of normative legal acts concerning the regulation of this sphere of legal relations characterized by scientific novelty are formulated. Thus, for the first time, the definition of legal construct «the procedure in the land law» is formulated, which is proposed to consider as a complex legal phenomenon, that is a system of regulated procedural norms, legally fixed, formally determined acts of active and effective behavior of motivated entities having legal consequences in the form of emergence, change or termination of land legal relations, acquisition, realization and termination of land rights or fulfillment of obligations by the respective owners, users of land plots and others and participants in land relations.

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