This dissertation is the first scientific work in Ukraine to carry out a comprehensive study of the legal regulation of the right of private ownership of non-agricultural legal entities to land plots, and to formulate scientific conclusions and practical recommendations for improving legislation in the area of acquisition, realization, protection and termination of private ownership of land plots which are new for Ukrainian land law.
The thesis identifies the main periods of introduction and development of the right of private ownership of legal entities to non-agricultural land plots due to the transition to market relations. The process of gradual improvement of the regulatory framework, which included the elimination of identified shortcomings and regulation of the privatization of land under real estate objects, is highlighted.
The author highlights the transformation of the state policy on introduction of the non-agricultural land market, which at the initial stages was characterized by unbalanced, inconsistent regulatory and legal provisions and inconsistent implementation. It is found that over time, this policy was adjusted, which resulted in the introduction of public registers (the State Register of Real Estate Rights, the State Land Cadastre, and others), creation of conditions for attracting investment in land resources, introduction of modern digital technologies, development of the non-agricultural land market, in which private non-agricultural legal entities are participants, etc. The conclusions expressed in the literature regarding the fundamental and decisive importance of the epistemological approach to the formation of the latest legal doctrine in the field of land law, with an emphasis on its ability to meet the current challenges of our time, including military threats, were further comprehended.
Based on a systematic analysis of the provisions of land, civil and other branches of legislation, the study clarifies the legal nature and proposes a definition of non-agricultural legal entities as subjects of private land ownership, which should be considered as commercial and non-commercial business entities whose main activity is not related to agriculture but is aimed at achieving economic, social and profit-making results through the use of non-agricultural land plots.
It is established that virtually all categories of non-agricultural land may be privately owned by legal entities, except in cases provided for by law. Such cases, in particular, relate to ensuring the priority of the public interest in respect of certain land plots, the use of which is aimed at satisfying mainly national and public rather than private needs.
The paper reveals the specifics of legal personality of non-agricultural legal entities as participants to land relations in the process of acquisition, realization, termination and protection of private property rights to land plots. The author distinguishes a certain group of subjects of land ownership, which includes non-agricultural legal entities which actually act as subjects, including the right to free privatization of state or municipal land and are characterized by the following features regulation of activities is carried out not only by law, but also by the charters of these legal entities; these are mainly housing construction (housing), garage construction and recreational cooperatives, as well as associations of co-owners of apartment buildings; they are non-profit entities which are allowed by law to carry out entrepreneurial activities in accordance with the established procedure; the bulk of these entities function and carry out their activities on a cooperative basis; acquisition of land ownership by these legal entities is carried out mostly.
This thesis proves the following features of legal personality of foreign legal entities as private owners of non-agricultural land plots: a) limited grounds for acquiring land plots into private ownership (according to Article 82(2) of the Land Code of Ukraine - in case of acquisition of real estate and for construction of facilities related to entrepreneurial activity); b) specific procedure for acquiring into private ownership of State or municipal land; c) possibility to acquire ownership of land plots for agricultural purposes.
The author establishes that the procedure for acquiring non-agricultural land plots into private ownership by non-agricultural business entities depends on the following factors: the characteristics of a legal entity (foreign or domestic); the grounds for acquiring land plots into ownership; the form of ownership of the land plot being acquired (State, communal or private); the method of acquisition (paid or free of charge), etc.
