Zaplitna I. Legal Provision of Land Paid in Ukraine

The dissertation is devoted to the clarification of the essence of the scientific and legislative foundations of land sharing, developed its own recommendations for improving this process. The dissertation analyzes the historical prerequisites for land plots in Ukraine, including political, economic and social ones. The legislative provision of land plots is considered and three periods of formation of a legal base are set out (I preparatory (1990–1993), II institutional (1994–2000), III final (2001 – to this days). The system of institutional principles of legal regulation of land shares is allocated, which consists of general principles (legality, rule of law, transparency, equality, free provision, guarantees of land rights) and special principles relating directly to the land parting procedure (pluralism of forms of land ownership, targeting, creation of favorable conditions for development of various forms of management on the earth, combination of high economic efficiency and ecological safety of land use, inclusion of land in market turn). In dissertation we determine the subjective and objective composition of the legal relationship regarding land sharing. The legal share of undistributed land has been resolved. The improvement of the definition of «land share», which is conditional, is defined in the conditional cadastral hectares and the share of agricultural land, which is defined as the average household, transferred to the collective property, the allocation of which in a separate land is entitled to demand a member of a collective agricultural enterprise upon leaving it. The following are signs of a land share and grounds for distinguishing between related concepts. The legal nature of the right to land share, the grounds for its occurrence and termination are determined. Investigated the possibility of a land share to act as an object of lease. The classification of land shares and the possibilities of realization of the right for them are determined. The experience of foreign countries in conducting land reforms and the preconditions for introduction of market circulation of agricultural land are analyzed, as well as ways of completing the land reform and the possibility of introducing a market turnaround of agricultural land in Ukraine.