Kharitonova T. Problems of realization of rights to another's land plots in Ukraine

The dissertation is devoted to important theoretical and practical problem of realization of rights to another's land plots in Ukraine. As a result of systematic research of all rights to another's land plots with the purpose of conceptual basis for realization of this rights in modern conditions development the author has come to conclusion that it is necessary to formulate in the land law doctrine the concept of realization of rights to another's land plots, in accordance with which public-private character of the land legal relations causes the necessity of the legally provided limit of the land legal relations subjects obligatory behavior that foresees owner or user of land plot action or inactivity relative its using in accordance with law, treaty or court's decision and therefore public law norms in relations concerning land have the priority. These norms determine the limits of such realization upon realization of rights to another's land plots depending on purposeful designation of land, rational using and protection of land etc. The definition of the rights to another's land plots was defined and their place in the constitutional rights on land system was determined. The category "realization of rights to another's land plots" was discovered as aggregate of all possible kinds of person's behavior that have the aim of rights to another's land plots acquisition and realization determined by material and other necessities and interests of persons in land using taking into account purposeful designation of land, rational using and protection of land and its functions. The foundations of rights to another's land plots rise and cease and their correlation to the conditions and methods of their acquiring during realization of rights to another's land plots in Ukraine were analyzed in details. Objects and subjects of the realization of rights to another's land plots, their limits, content and possible classifications were discovered. Specific contractual regulation of the realization of rights to another's land plots was characterized separately.