Legal Regulation of Land Lease in Ukraine

2020 ◽  
Vol 11 (4) ◽  
pp. 1398
Author(s):  
Dmytro V. SANNIKOV ◽  
Svetlana V. KHOMINETS ◽  
Denys L. KOVACH ◽  
Rymma A. TSYLIURYK ◽  
Alona O. CHYRYK ◽  
...  
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Legal Issues ◽  
Practical Significance ◽  
Successful Resolution ◽  
Legislative Framework ◽  
Legal Position ◽  
The Law ◽  
The Right

The paper investigates the legal regulation of land lease in Ukraine. The expediency of strengthening the role and responsibility of the state in the field of conservation of leased land is substantiated. The current legislative provisions governing the legal issues of leasing land plots in Ukraine are provided. The main issues of legal regulation of land lease in Ukraine are formulated from the standpoint of the current legislative acts. The relevance of the issue is determined by the urgent need to resolve all issues arising between the parties upon handover (acceptance) of land for lease in Ukraine within the framework of the current legislation. Legal regulation of all issues related to the lease of land in Ukraine helps to prevent and resolve disputes between the parties related to ignorance, or failure to perform obligations of lease agreements, which are consolidated by the provisions of the current legislation, by any of the parties. Relations between lessees and lessors acquire a legislative framework, which greatly facilitates the resolution of all possible disputes. The practical significance of the study lies in identification and statement of the main regulations of current legislation, which objectively govern the issues of lease relations between the parties in Ukraine, from a legal position. The results of the paper, the conclusions and opinions contained therein, can be used in practical activities by organizations and individuals concluding lease agreements with each other for the right to use land plots in order to settle their lease obligations from the standpoint of the law. Of particular importance is the ability to facilitate the successful resolution of disputes between parties entering into lease relations, or to completely avoid them.  

scholarly journals Intelligence bodies of the state in the mechanism of ensuring the constitutional rights and freedoms of man and citizen: international standards and legislation

2020 ◽  
pp. 6-18
Author(s):  
Yuriy Voloshyn ◽  
Vladimir Proschayev
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Constitutional Rights ◽  
Full Member ◽  
Legal Provisions ◽  
Intelligence Agencies ◽  
The Law ◽  
The Right

The place and role of state intelligence bodies in the mechanism of ensuring constitutional rights and freedoms of man and citizen according to international standards and in the light of the newly adopted Laws of Ukraine «On the Foreign Intelligence Service of Ukraine» and «On Intelligence» are studied. It is proved that in Ukraine, as in other post-Soviet states that did not have intelligence legislation, but began to create it after the declaration of independence, the process of constitutional and legal regulation of intelligence agencies consisted of four stages (transitional, initial, basic and modern). Describing each stage, the authors stressed that the Ukrainian legislator is now in the fourth stage, which is characterized by the improvement of already adopted legislation on intelligence activities or the adoption of completely new laws based on new versions or amendments to constitutions (basic laws). It is emphasized that Ukraine has been one of the first states in the territory of the former USSR to adopt the fourth (modern) stage since the adoption of new legislative acts on the activities of intelligence agencies. Undoubtedly, the impetus for this was the amendment of the Constitution of Ukraine on the strategic course of the state to become a full member of Ukraine in the European Union and the North Atlantic Treaty Organization, which radically changed the direction and direction of intelligence use of available forces and means. It is noted that the newly adopted legislation was developed not out of thin air, but based on a set of already adopted regulations that fully reflect the complex threatening situation around Ukraine and clearly indicate the place of intelligence agencies in a single system of national security. It was necessary to summarize all the adopted preliminary normative material and summarize it in new legislative acts, which would in a new way regulate all issues of intelligence functioning in modern difficult conditions. The main positive points in the newly adopted laws are identified, namely: 1) granting categories that were previously used only in the theory of intelligence, the status of legal categories, which indicates the beginning of the process of forming a completely new set of special legal terms; 2) inclusion in the text of a separate article on the observance of human rights and freedoms in the conduct of intelligence activities; 3) inclusion in the Law of Ukraine «On Intelligence» of a separate section on the peculiarities of democratic civilian control over intelligence; 4) granting the right to intelligence agencies to conduct intelligence affairs. It is proposed to consider in the Ukrainian legislation some legal provisions of the legislation of European countries regarding parliamentary control, which, according to the authors, will significantly increase the effectiveness of control. It is substantiated that the Law of Ukraine «On Intelligence» should contain: - a list of principles of intelligence activities must be defined; - the obligation of the authorized judge of the court to draw up a decision on the refusal to grant permission to conduct an intelligence event is more correctly formulated; - the right of intelligence agencies to provide training, retraining and advanced training of persons involved in confidential cooperation, in the manner prescribed by law for intelligence officers, is more clearly defined. It is concluded that the newly adopted laws provide comprehensive guarantees of compliance with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 and fully reflect the needs of intelligence agencies in the legal regulation of their activities in modern conditions.

scholarly journals State-confessional relations in their practical expression in Ukraine

2013 ◽  
pp. 62-74 ◽  
Author(s):  
Oleksandr N. Sagan
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Freedom Of Conscience ◽  
Constant Attention ◽  
The Law ◽  
The Right ◽  
The Church ◽  
The Way

The position of the state (its leaders and authorities) regarding the Church, the peculiarities of the established state-church relations greatly influence the nature of the development of church institutions and the level of religiousness of the population, as well as ensuring the right of citizens to freedom of conscience. Consequently, the development of a legal democratic Ukraine is impossible without constant attention of state bodies to the issue of guaranteeing freedom of conscience and religion, the state of which is currently dependent on their constitutional and legal regulation and the existence of a holistic mechanism for guaranteeing the said freedom, as well as from the way of monitoring and responding to violations of the law.

scholarly journals Concept, characteristics and criteria of food security under the law of Ukraine and other states

2018 ◽  
pp. 30-41
Author(s):  
Tetiana Kovalenko
Keyword(s):  
Food Security ◽  
Food Safety ◽  
Quantitative Measurement ◽  
Food Products ◽  
Legal Regulation ◽  
The State ◽  
Quality And Safety ◽  
Legislative Regulation ◽  
The Law ◽  
The Right

Despite the substantial progress in agro-industrial production development was achieved in the twentieth century, the food problem has not only lost its acuteness, but also turned into a global problem of food safety of mankind. The proper legal regulation of the production of necessary quantity of quality and safe food in the state is a guarantee of food safety of the state. The concept of food safety is legally enshrined in Art. 2 of the Law of Ukraine “On State Support to Agriculture of Ukraine” (dated June 24, 2004) as the protection of human life interests, which is expressed in guaranteeing by the state of unimpeded economic access of a person to food products in order to maintain his/her normal life activities. This normative definition of food safety has become the subject to substantiated criticism in legal literature, since it reflects only one aspect of Ukraine’s food safety – the economic availability of food for the population. The food safety has a number of distinctive features, which determine its role in guaranteeing the national safety of the state. Firstly, the food safety has internal and external aspects. The internal aspect of food safety lies in the functioning of effective mechanisms in the state for guaranteeing human being the access to food products in the quantity and range, sufficient to ensure his/her livelihoods (quantitative measurement), as well as ensuring the proper quality and safety of such products (qualitative measurement). The agricultural legislation of Ukraine provides only a few legal mechanisms to ensure quality measuring of food safety. At the same time, the ensuring the quantitative measurement of Ukraine’s food safety is extremely negative due to difficult economic situation in Ukraine. Legally established minimum wages, scholarships, pensions are not enough to provide a full-fledged human nutrition. The external aspect of food safety is self-sustaining by the state of its food needs in order to reduce the dependence of its economy on food imports. Secondly, ensuring food safety is an essential condition for the realization of one of the basic human rights – the right to adequate food, which is part of the right to a sufficient standard of living. Thirdly, food safety, in particular its qualitative criterion, is an integral part of the internal environmental safety of citizens, because the use of poor quality and dangerous food products significantly affects human health, can provoke diseases and cause fatalities as a result of food poisoning. Fourthly, guaranteeing the food safety of the state is a strategic goal of the state agrarian policy. Given the importance of food to ensure human existence, food safety can be considered as a kind of system of economic and social relations, which is the biosocial basis for the existence of both society and the human individual. In economically developed countries issues of food safety have been subject to considerable legislative regulation. In Ukraine the level of legal regulation of food safety is unsatisfactory. In national agrarian and environmental legislation only quality criteria of food safety are legally defined. Decree of the Cabinet of Ministers of Ukraine “Some Issues of Food Safety” (dated December 5, 2007, No. 1379) approved the Methodology for Determining the Main Indicators of Food Safety. These indicators have been criticized in special literature because they do not take into account issues of quality and safety of food products, peculiarities of development of the agro-food sector as a system-forming for the whole system of food safety. In Ukrainian legal science the necessity of adopting of a special law “On Food Security” or “On Food Security of the State” was substantiated. But the attempt to adopt a special law, aimed at ensuring the state food safety, was unsuccessful. In 2012 the draft law “On Food Safety” was returned by the President of Ukraine to the Parliament with substantive remarks and rejected by the Verkhovna Rada of Ukraine. By this time relations in the field of food safety remain without proper legislative regulation. Currently, the issue of adopting of a special law of Ukraine, aimed at the comprehensive regulation of relations in the field of food safety, is still relevant.

scholarly journals The Theory of Actual Employee and De Facto Authority and Its Applicability in Iraq

2020 ◽  
Vol 31 (2) ◽  
pp. 366-385
Author(s):  
Ali Salman Jamil
Keyword(s):  
The State ◽  
The Public ◽  
General Rules ◽  
Practical Reality ◽  
Legal Position ◽  
The Law ◽  
The Right ◽  
Council Of State ◽  
Principle Of Legality ◽  
The Relationship

The research showed that the French Council of State relied in resolving the conflict between the authority and the citizen on the principles of the Declaration of Human and Citizen Rights as a basis for the principle of legality. He only had them. They are abstract general rules that clarify the basis of the relationship between the citizen and the state, including his rights and duties. The council applied its rules regarding the rulings it issued, whether for the authority or against it. The authority has caved in to that. He also showed that it is impermissible to differentiate between protecting rights in normal and exceptional circumstances. The state is responsible for securing these rights in all circumstances. This is why the board invented the actual employee theory. The basic principles on which the actual employee theory was based have also been studied. The theory is not an exception to the principle of legality, but rather a real application of it. In a state that has taken upon itself to ensure that people enjoy the rights and freedoms stipulated in the constitution. It also clarified that the employee’s organizational relationship with the state requires it to respect his rights stipulated in the law in return for his commitment to his duties that oblige him to apply the law as abstract general rules without bias and deviation. Therefore, it has the right to punish him according to the law. In exchange for his right to appeal the decision to impose the punishment. The judiciary’s decision to cancel the dismissal or dismissal decision obliges the administration to return it to the same legal position. Unless that results in corruption, then you must return him to a center parallel to the first. Without causing him physical or moral harm. The research also showed that what happened in Iraq was a barbaric invasion that was not based on any justification. It expressly contradicts international legality. It has resulted in the abolition of all legitimate institutions of the state and the handing over of power to organizations that have proven practical reality that they are gangs of thieves whose aim is to destroy the state and to violate all prohibited acts. It issued laws that grant themselves privileges and rights that are inconsistent with the principle of legality. And decisions were issued that contradict the public interest. Therefore, citizens and employees should be granted the right to appeal all laws and decisions issued when real authority is established in Iraq. Return all stolen money and stolen rights.

scholarly journals Theoretical-legal aspects of constitutional regulation of the right to freedom of opinion and religion in Ukraine and the countries of continental Europe

2020 ◽  
Vol 2 (2) ◽  
pp. 15-20
Author(s):  
Yuriy Kyrychenko ◽  
Hanna Davlyetova
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Religious Organizations ◽  
Freedom Of Religion ◽  
Religious Activities ◽  
Freedom Of Conscience ◽  
Freedom Of Choice ◽  
Freedom Of Thought ◽  
The Law ◽  
The Right

The article explores the constitutional practice of normative regulation of the right to freedom of thought and religion, enshrined in Art. 35 of the Constitution of Ukraine and in similar norms of the constitutions of the states of continental Europe. The necessity to state the stated norm in the new version is substantiated. It is determined that the right to freedom of worldview and religion, which is enshrined in Art. 35 of the Constitution of Ukraine, relates to civil rights of man and citizen and consists of three basic elements: freedom of thought, freedom of conscience and freedom of religion. This right includes the freedom to profess any religion or not to practice any religion, to freely send religious cults and rituals, as well as to conduct religious activities. It is noted that in the states of continental Europe the constitutional and legal regulation of the right to freedom of opinion and religion is implemented differently. Thus, in the constitutions of Andorra, Bulgaria, Bosnia and Herzegovina, Armenia, Georgia, Estonia, Lithuania, Macedonia, Romania, San Ma-rino, Serbia, Czech Republic and Montenegro, the analyzed law is enshrined along with other human rights. In other constitutions of European states, the law under study is formulated in a separate article. It is stated that the constitutions of European states use unequal verbal designations of this right. In particular, such terminological expressions as "freedom of conscience and religion", "freedom of cults", "freedom of conscience, religion and other beliefs", "freedom of conscience and religion", "freedom of conscience", "freedom of religion and worship", " freedom of religion ”,“ freedom of choice of religion ”,“ freedom of conscience, religion and worship ”,“ freedom of religion and conscience ”,“ freedom of religious beliefs ”, which differ but have much in common. The expediency of deleting the term “freedom of world outlook” from Part 1 of Art. 35 of the Constitution of Ukraine and the consolidation of the term "freedom of conscience", which in its content, first, covers a broad sphere of spiritual, world-view of human being, and second, acts as the freedom of choice and assertion of the individual in the system of religious coordinates. It is proposed taking into account the European experience of constitutional and legal regulation of the right to freedom of opinion and religion of the provision of Art. 35 of the Constitution of Ukraine shall be read as follows: “Everyone has the right to freedom of conscience and religion. This right includes the freedom to profess any religion or not to practice any religion, to freely send religious or ritual rites alone or collec-tively, to conduct religious activities. The exercise of this right may be restricted by law only in the interests of public order, the health and morals of the population, or the protection of the rights and freedoms of others. Churches and religious organizations in Ukraine are separated from the state and the state education system from the church. No religion can be recognized as binding by the state. Churches and religious organizations are equal before the law. It is forbidden to compel a person to choose and profess any religion or belief, to participate in re-ligious and ritual ceremonies or activities of a religious organization and to receive religious education.”

scholarly journals Mediation and termination of the lease agreement of the land share in case of its allocation in kind on the ground

2020 ◽  
pp. 333-337
Author(s):  
Diana Busuiok
Keyword(s):  
Supreme Court ◽  
Agricultural Land ◽  
State Committee ◽  
Legal Regulation ◽  
The State ◽  
Land Disputes ◽  
The Supreme Court ◽  
The Law ◽  
The Right ◽  
Lease Agreement

The article states that the legal regulation of land turnover requires their individualization. Therefore, in practice there is allocationof land shares (units) in kind on the ground. In this regard, the question still arises as to what happens to the land lease agreementin the case of allocation of land share - is it subject to termination or re-conclusion?It is noted that such disputes should be resolved not only in court, but also out of court – the order of mediation. Mediation shouldnot only take into account the interests of the parties to the land dispute and their needs, but also rely on current legislation on the issueand the practice of resolving such disputes by the Supreme Court. There is a need to determine the legislation on this issue and possibleapproaches to resolving such disputes through mediation.Determinants in the introduction of land share are the Decree of the President of Ukraine “On urgent measures to accelerate landreform in the field of agricultural production” of November 10, 1994 № 666/94 and the Decree of the President of Ukraine “On thedist ribution of land transferred to collective ownership of agricultural enterprises and organizations” of August 8, 1995 № 720 / 95.Despite the generally accepted fact in the theory of law that the object of turnover can only be individually identified property inthe transitional provisions of the Law of Ukraine “Land Lease” of October 6, 1998 № 161-XIV contains provisions according to whichcitizens – holders of certificates for the right to land share before allocating them in kind (on the ground) land have the right to enterinto lease agreements for agricultural land, the location of which is determined taking into account the requirements of rational orga -nization territory and compactness of land use, in accordance with these certificates in compliance with the Law of Ukraine “LandLease”.After allocating land in kind (on the ground) to the owners of land shares (units), the land lease agreement is renegotiated inaccordance with the state act on land ownership on the same terms as previously concluded, and may be changed only by agreementof the parties. Termination of the lease agreement is allowed only in cases specified by the Law of Ukraine “Land Lease”.The list of grounds for termination of the land lease agreement is not exhaustive. Cases of termination of the land lease agreement(share) may be provided by another law. However, the allocation of land on the basis of land share in kind on the ground as a basis fortermination of obligations of the parties is not provided by law, but in the order of the State Committee of Ukraine for Land Resources“Approval of the Standard Lease Agreement share” dated January 17, 2000 № 5.This inconsistency between these two acts, so different in their legal force, in practice leads to disputes over the grounds for terminationof the lease of land share in the event of its allocation.In this regard, in the Resolution of the Grand Chamber of the Supreme Court of September 1, 2020, case № 233/3676/19, a correspondingposition was expressed.Examining the above acts, we identified certain shortcomings in determining the grounds for termination of the lease of land(shares). Such uncertainty provokes land disputes. In order to improve the legal regulation of leased land relations, it is necessary to harmonize the legal requirements of differentlegal acts and enshrine in the Law of Ukraine “Land Lease” such grounds for termination of land lease as the allocation of land sharein kind on the ground.In order to effectively mediate land disputes, this inconsistency should be kept in mind in the following cases:1) when conducting contractual mediation, which will consist in concluding a land lease agreement (share) and agreeing on thegrounds for termination of this agreement. Such mediation will be aimed at preventing disputes over the grounds for termination ofsuch an agreement in the future;2) during the mediation of a dispute regarding the termination of the land lease agreement (share) in the case of its allocation inkind on the ground.

Components of the economic sovereignty of the state

2021 ◽  
pp. 83-88
Author(s):  
Anna Turenko
Keyword(s):  
European Integration ◽  
Legal Regulation ◽  
The State ◽  
Basic Component ◽  
State Sovereignty ◽  
Significant Step ◽  
The Right

Economic sovereignty and its elements are analyzed in the article. It is emphasized that a significant step for rethinking approaches to the characteristics of the sovereignty of the state, in particular, the economic became European integration processes. On the example of tax sovereignty as a basic component of economic sovereignty, it is argued that state sovereignty and its realization depends not only on the right of state to independently decide on tax-legal regulation, but also on the nature of those measures selected by the state to carry out regulatory influences.

ADDITIONAL CONCLUSION ON A DISSERTATION

2021 ◽  
Vol 3 (3) ◽  
pp. 163-180
Author(s):  
А.V. Gabov
Keyword(s):  
System Analysis ◽  
Legal Regulation ◽  
Focus Of Attention ◽  
The State ◽  
State System ◽  
Federal Law ◽  
Current Regulation ◽  
Historical Method ◽  
The Right ◽  
Academic Degrees

Introduction: the article deals with the legal phenomenon of an additional conclusion on a dissertation that rarely comes into the focus of attention of domestic researchers, which is regulated in the Regulations on Awarding Academic Degrees and the Regulations on the Council for the Defense of Dissertations for the Degree of Candidate of Science, for the Degree of Doctor of Science. The relevance of the issue is explained by the ongoing processes of transformation of all the main elements of the state system of scientific certification. Purpose: to show the main elements of this institute, the problems of its regulation, including in connection with the changes made to the state system of scientific certification by Federal Law of 23 May 2016 No. 148-FZ “On Amendments to Article 4 of the Federal Law ‘On Science and State Scientific and Technical Policy’” (hereinafter – Law No. 148-FZ), as well as the directions for improving legal regulation of this institute. Methods: system analysis, historical method. Results: the goals of the institute of additional conclusions on the dissertation are revealed; marked defects in the regulation of additional conclusion on the dissertation; given the significant changes in the state system of scientific attestation in connection with the receipt of a number of organizations right of self-awarding degrees, as well as the accumulated practice of application of this institute, the directions of its improvement are formulated. Conclusions: according to the author of the article, the institute of additional conclusion should not be abandoned, it may well be in demand in the future and in the activities of organizations, those who have received the right to independently award academic degrees. The current regulation of the institute of additional conclusion requires complete renovation.

scholarly journals PROBLEMS OF LEGAL REGULATION OF THE USE OF POLYGRAPH IN THE SECURITY AND DEFENSE SECTOR OF UKRAINE

2021 ◽  
pp. 62-66
Author(s):  
S. Kazmiruk ◽  
I. Pampukha ◽  
N. Blyzniuk
Keyword(s):  
Armed Forces ◽  
Legal Regulation ◽  
The State ◽  
Political Activity ◽  
Control Procedure ◽  
Territorial Integrity ◽  
Linguistic Support ◽  
Military Security ◽  
The Right ◽  
Psychophysiological Detection

The year 2021 was proclaimed the year of the Euro-Atlantic transformation at the Department of Defense of Ukraine. The result of such transformational processes in the DoD of Ukraine and the Armed Forces of Ukraine will be the creation of the integrated Euro-Atlantic type defense institution that will ensure their obligatory transformation, together with the other subjects of the security and defense sector of Ukraine to the new standards functioning and the command and control procedure. In particular, the introduction of legal regulation of the use of the polygraph. Military security is one of the fundamental requirements to implement the right of the people of Ukraine on self-identification, preserve Ukraine as a state and secure its sustainable development. The protection of the sovereignty and territorial integrity of Ukraine is the utmost valuable function of the State. The fulfillment of this norm of the Constitution of Ukraine in terms of existential military threat to national security requires applying a number of measures and defensive actions that adhere to the principles and norms of international law. The main purpose of the Strategy of the military security of Ukraine is a preliminary prepared and comprehensively maintained all-encompassing defense of Ukraine based on the principles of deterrence, sustainability, and cooperation that ensures military security, sovereignty, and territorial integrity of the state by introducing innovative tools to detect hidden information. In the course of the Euro-Atlantic integration process, there is a critical moment to start carrying out specific, complex, and relevant tasks in the sphere of external political activity that facilitate the implementation of relevant directions in developing innovative systems aimed at identifying concealed and false information. Particularly, the linguistic support of events of defense and military cooperation in order to systematically implement the reforms of the security and defense sector that are directed to meet the international NATO-members' standards. It is also relevant to urgently implement the legal and ethical norms on the activity of the polygraph examiner's when performing a psychophysiological detection of deception using a polygraph.

scholarly journals The Legal Position and Factual Situation of Women Participation to Inheritance in Kosovo

2014 ◽  
Vol 4 (1) ◽  
pp. 271
Author(s):  
LL.M. Egzonis Hajdari
Keyword(s):  
Human Rights ◽  
Legal Aspect ◽  
Practical Situation ◽  
Practical Reality ◽  
Legal Position ◽  
The Law ◽  
The Right ◽  
Women Participation

The right to inheritance represents one of the basic human rights. As such this right is regulated by the law. The Law on Inheritance in Kosovo regulates substantially, all the issues related to inheritance. In this context, this Law contains numerous rules that proclaim full equality of women with men to inheritance.Regardless of equality proclaimed by law practical reality of life indicates a different situation. This reality proves that women participation to inheritance nevertheless is very small. The reasons for this situation are numerous and diverse, but mostly they have to deal with the still existence in people's conscience of many customary rules, which constantly treated women as a subject of second hand. In this article a modest attempt is made to reflect besides legal aspect also the practical situation indicating the degree of women participation to inheritance in Kosovo, in all grades that she may appear as heir.

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