Boychenyk I. Application of effective methods of protection of land rights of citizens of Ukraine in administrative proceedings

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0822U101030

Applicant for

Specialization

  • 081 - Право. Право

14-12-2022

Specialized Academic Board

ДФ 70.895.023

Khmelnytsky university of management and law Leonid Yuzkov

Essay

In the dissertation, a comprehensive theoretical generalization was carried out and a solution to an important scientific task was proposed regarding the application of effective methods of protecting the land rights of Ukrainian citizens in administrative proceedings. It was determined that land rights occupy an important place in the system of human rights. Land rights form the content of land legal relations. A constitutional conflict of private and public interests is embedded in land legal relations. The subjective land rights of a person as the highest social value cannot be realized without restrictions due to the simultaneous recognition of land as the main national wealth, which is under the special protection of the state. Subjective land rights of owners of land plots and land users have a complex legal nature, which leads to the existence of various jurisdictional forms of protection of such rights and the resolution of land disputes not only by civil and commercial courts, but also by administrative courts. It is substantiated that the legal basis of consideration and resolution of land disputes by courts is an important guarantee of protection of subjective rights and legitimate interests of land owners and land users. At the same time, the protection of subjective land rights by procedural means is based on the foundation of material norms of land law.

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