The thesis is devoted to the complex scientific development of legal bases of implementation of the principle of payment of land-use under the land legislation of Ukraine.
The thesis is one of the first in the science of land law of Ukraine comprehensive studies on theoretical and legal bases and practical problems in implementation of the principle of payment of land-use, which studies the nature and the characteristics of the principle of payment of land-use on the basis of the main conditions of land, agricultural, tax, financial and other branches of law, determines the place of the principle in the legal system of Ukraine, elucidates the functions of the principle and forms of its implementation, on account of which offers on further improvement of implementation of the principle of payment of land-use in the practice of land relations are developed. This will strengthen the system bases of land and legal regulation and increase the efficiency of law enforcement in land legal relations.
The scientific work emphasizes that implementation of the principle of payment of land-use ensures a balance of public and private interest in the use of parcels of land by their owners and users. Since land is defined as the main national wealth that belongs to the people of Ukraine, land payment is an element of the mechanism of satisfying the public interest, namely the payment for the extraction of useful properties from parcels of land, which are an integral part of national wealth. The problem of implementation of the principle of payment of land-use in modern conditions is complicated by the lack of a clear and transparent mechanism for land valuation and by the lack of a mechanism for monitoring the quality of land resources by land payment entities, which further confirms the relevance of the research topic.
The thesis is the first to develop and scientifically substantiate the essence of the category “principle of payment of land-use”, which should be understood as underlying ideas, guidelines, characterizing the content and direction of legal regulation of land relations in the field of payment for land ownership and use of the relevant entities on legal grounds, it is an effective financial incentive that will support their proper, rational use, fertility increase and other useful qualities of land, protection and reproduction.
It is substantiated that implementation of the principle of payment of land-use ensures a balance of public and private interest in the use of parcels of land by their owners and users. Since land is defined as the main national wealth that belongs to the people of Ukraine, land payment is an element of the mechanism of satisfying the public interest, namely the payment for the extraction of useful properties from parcels of land, which are an integral part of national wealth. As a legal instrument, land payment ensures: 1) rational, targeted and most efficient use of parcels of land; 2) a balance of public and private interest in the use of parcels of land by their owners and users; 3) encouragement of the owners and users of parcels of land to use parcels of land properly; 4) possibility of developing and implementing national and regional programs of land-use and land protection by raising funds received from the owners, users of parcels of land, as well as other entities that pay for land.
It is emphasized that in the current conditions of development of public land relations it is possible to say there is an unspecified but existing type of land payment in the legislation, namely compensatory payment which differs from classical payment (the land tax and rent) in the fact that the payor is not the actual land user, but the entity whose actions have led to a certain deterioration of the land user. When it comes to classic land payment there is a negative direction of movement – from the user to another person, in terms of compensation there is a reverse positive direction of funds from a third party – from the offender to the actual land user whose interest is violated. In this case, such payment is not possible without the process of land-use, i.e. possibility that such payment will be made is directly related to land-use.
The structure of the category “payment” in the field of the use of parcels of land has been improved: 1) object (material or intangible benefits for which land payment is made) – the relevant parcel of land or its part (in cases of paid easement, sublease), agricultural land; rights to parcels of land, including land shares; 2) entity – the owner or user of the object of land payment; 3) payment as a certain part of the monetary equivalent, a certain conditional normative characteristic of a parcel of land or rights to it.
