Shcherbiak Y. Legal forms of ownership on land plots transfer to citizens of Ukraine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U100773

Applicant for

Specialization

  • 081 - Право. Право

19-04-2021

Specialized Academic Board

ДФ 41.086.024

National University «Odessa Law Academy»

Essay

The dissertation is devoted to substantiation the concept of "legal forms of ownership on land plots transfer to citizens of Ukraine", analysis and systematization of legal forms of ownership on land plots transfer to citizens of Ukraine and analysis of guarantees of ownership on land plots transfer to citizens of Ukraine. The existence of a complex legal institution of of ownership on land plots transfer to citizens of Ukraine is substantiated, which includes a set of material and procedural norms of the Land Code of Ukraine, acts of land legislation governing land relations on the transfer of ownership of state and communal land, other forms of ownership on the title of private property to citizens of Ukraine in the prescribed manner. The dissertation provides a detailed legal analysis of the main legal forms of transfer of ownership of land to citizens of Ukraine, namelya) in the process of reforming land relations through privatization of land; b) on the basis of civil law agreements; c) on a competitive basis. The following stages of ownership on land plot transfer to citizens of Ukraine through privatization were identified: a) appeal of citizen with an application (petition) on a free transfer of land in private ownership to the village, town or city council, united territorial community or to the relevant territorial body of the State Service of Ukraine for Geodesy, Cartography and Cadastre based on the location of the land plot; b) consideration of appeal submitted by the citizen by the privatization body and adoption of the relevant government decision on the permission to develop land management documentation or a motivated refusal; c) development of land management documentation based on the agreed decision; d) establishment of the boundaries of the land plot (on the ground); e) entering information about the land plot into the State Land Cadastre and state registration of the ownership right on the land plot. It is substantiated that general-legal and special-legal guarantees of transfer of ownership on land plots to citizens constitute a system. A number of conclusions and recommendations for improvement of land legislation in terms of consolidating legal forms of transfer of ownership of land plots to citizens of Ukraine in the Land Code or the current Land Code of Ukraine and a separate section of the rules on procedures for transfer of ownership of land to citizens of Ukraine, in which it is expedient to concentrate instructions concerning the order of such transition and registration of the legal title of the property right on land plots to citizens of Ukraine. Definition of land privatization, land law agreement, sale and purchase agreement, lifetime maintenance, mines, donations, land rent, as an object of transfer of ownership, land auction, etc was improved. Doctrine of procedural (processual) land legal norms on the transfer of ownership on land plots to citizens of Ukraine. Doctrine on the legal nature of land as a kind of natural resources and element of land use, which is not the subject of production and relevant goods (products) and is not related to the objects of property law was improved. Development of scientific research in the form of conclusions, recommendations, proposals can be used: a) in legislative activity, as a theoretical basis for the development of new and improvement of existing regulations in the field of land relations; b) in scientific and theoretical developments for further study and development of a comprehensive legal institute of legal forms of transfer of ownership on land plots to citizens of Ukraine and the system of guarantees of such transfer; c) in the educational process, in particular in the discipline "Land Law" and the introduction of a new discipline "Land Law Procedures"; d) in practical activities to increase the legal awareness of citizens about the possibilities and ways of transferring ownership on land plots to citizens of Ukraine.

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