Земельне законодавство в сфері регулювання земельних прав в Україні та в західноєвропейських країнах

Abstract

Досліджено земельне законодавство щодо врегулювання земельних прав громадян України. Виявлено практичні аспекти та проведено аналіз багатьох правових питань щодо регулювання земельних прав та наведено приклади досліджуваного питання в країнах близького зарубіжжя. The article is devoted to the study of land legislation on the regulation of land rights of Ukrainian citizens. Practical aspects have been identified and legal issues related to the regulation of land rights have been analyzed and examples of the issue under study in the CIS countries are given. The Land Code of Ukraine plays a central, stabilizing role in the structure of the land legislation of Ukraine. The Criminal Code defines the basic provisions and content of the main institutes, giving the land legislation of Ukraine certain logic, stability and systematic nature. With the adoption of the latest legislative acts in the field of land legal regulation, the basic titles of ownership, permanent and temporary use of land were determined, the land market was introduced, which are essential novelties in the development of land relations. As part of the study, we turned to the ratio of the norms of item «ґ» of Art. 5 of the Land Code of Ukraine. First, among the guarantees for the protection of land rights is the importance of guarantees of ownership of land. This right is acquired and exercised by citizens, legal entities and the state solely in accordance with the law. Secondly, the problems of land ownership and land use have always been sharply confronted by Ukrainian society. The prospect of the study lies precisely in the question of who will have the authority to own, use and dispose of land, which has been at the core of relations between the state and the people at all stages of state-making. Preferably, the most acute and practically significant legal problems include the formation of communal property rights to land. At the same time, the introduction of the demarcation of state and communal property land as one of the main grounds for the formation of communal ownership of land is of great importance not only for land-legal science, but also for ensuring the functioning of the system of local self-government. In this regard, the prompt adoption of the relevant special law instead of the Provisional Order is an urgent need of the present. it is worth looking at the example of Western European countries. In this regard, it is advisable to draw on the experience of foreign countries. The greatest example for us is the experience of developing land relations in those countries where the land market has been operating for a long time and is successfully developing (Germany, Norway, Austria, France, etc.).