Malokhlib O. Legal bases of land use for housing construction.

The work is devoted to a comprehensive theoretical and practical study of the legal foundations for the use of plots for housing construction, the definition of the main development trends and the current state of legal regulation of relations in this area, the clarification of the problems arising in the regulation of the relevant land relations, and the substantiation of specific proposals for their resolution. The dissertation research worked out the scientific periodization of the development of legal regulation of the use of land for housing construction. The definition of such legal structures as «plot for housing construction», «legal form of use of a plot for housing construction» is formulated, and their signs are also indicated. The features of a plot for housing construction as an object of use are disclosed. The legal forms of using the plot for housing construction, such as individual and collective, have been determined. The classification of plots for housing construction has been carried out according to the following criteria: (1) by the nature of housing development; (2) by the presence or absence of an urban development object on a plot for housing construction; (3) by the subject of urban planning. The necessity of allocation along with household plots of plots for individual housing construction (estate land plots) has been substantiated. The titles of the use of plots for housing are considered: the right for private property, the right for lease, the right for superficies, the right for permanent use. It is concluded that superficies are a promising title for the use of plots for housing construction, requiring detailed legal regulation at the level of the standard form approval of the superficies agreement. The circle of subjects for the right to use plots for housing construction is highlight, their rights and obligations are established. The grounds and procedure for the emergence and termination of rights to a plot intended for housing are considered separately. On the basis of a comprehensive study, theoretical conclusions were made, a number of problems requiring resolution were identified, proposals were formulated for amendments and additions to the current legislation, which would improve the existing legal regulation of the use of plots for housing construction.