Fedchyshyn D. Theoretical foundations of realization and protection of land rights in Ukraine.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0521U100327

Applicant for

Specialization

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

23-03-2021

Specialized Academic Board

Д 64.086.04

Yaroslav Mudryi National law university

Essay

The dissertation is devoted to the research of theoretical foundations of realization and protection of land rights in Ukraine. It reveals the doctrinal provisions on this issue, offers theoretical generalizations and proposals for improving legal regulation in this area. The genesis of legal support for the realization and protection of land rights within the territory of modern Ukraine, as well as the provisions of the legislation of foreign countries on the regulation of the such relations are studied. It is established that the realization and protection of land rights in different periods of the country’s development had different dynamics and depended on the levels of legal and political consciousness of society and the degree of awareness of socio-economic reality. Methodological approaches to the definition of the concept and features of land rights are analyzed, as well as the classification of the latter. The concept and content of realization of land rights are defined, the principles of realization of such rights are considered. The legal nature of the limits of realization of land rights is worked out and the category "abuse of land right" is characterized. The features of the category "mechanism of land rights realization" are revealed, its definition is formulated and the content is determined. Theoretical and legal aspects of ensuring the protection of land rights are considered and the guarantees of protection of such rights are defined. Particular attention is paid to the forms of protection of land rights. Peculiarities of jurisdictional and non-jurisdictional forms of land rights protection are studied.

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