Myronenko I. Institute of Neighbourhood Law: theoretical and practical foundations of legal regulation of land neighbourhood relations.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0520U101605

Applicant for

Specialization

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

03-11-2020

Specialized Academic Board

Д 64.086.04

Yaroslav Mudryi National law university

Essay

The dissertation is devoted to research of the theoretical grounds and practical aspects of the legal regulation of owners’ and users’ relations on the neighbour land plots. The author’s concept is given concerning this field, theoretical generalizations and proposals for the improvement of current ukrainian legislation are offered. The history of legal regulation of land neighbour relations on the territory of modern Ukraine is considered as well as the provisions of the legislations of other post-soviet states and the states of west european states on researched relations are analysed. A general thesis is proposed, that the land neighbour relations arise up with appearance of individual land-tenure, and its development causes the subsequent improvement of the proper legislative regulation. The notion and peculiarities of land neighbour relations as the subject of legal regulation, as well as their subjects, objects and its nature has been researched. Legal nature of neighbourhood law as a variety of legal limitations in the field of land relations is analysed, its principles are formulated. A conception of intersectoral legal institute of neighbourhood law is formulated in respect to the relations of owners and users of neighbouring land plots. Features of regulation of some types of neighbour land relations are considered (regulation of the mediated neighbour influences, establishing and service of the boundary buildings, flows of waters on the neighbouring plots). It is proposed the new version of the chapter 17 of the Land Code of Ukraine.

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