COMPARATIVE CHARACTERISTICS OF THE LAND MARKET IN THE COUNTRIES OF EUROPE AND UKRAINE: PRACTICAL ASPECTS OF CONCLUDING BUYING AND SALE AGREEMENTS AGRICULTURAL LAND

The provisions of the scientific article provide a comparative description of the functioning of the “land market” in Europe and Ukraine, as well as analyze the practical aspects of concluding contracts of sale of agricultural land. The authors propose to understand the “land market” as public relations regulated by the current legislation of Ukraine arising from the exercise by landowners of subjective rights to such plots, including public authorities and local governments exercising the rights of the owner to land on behalf of the Ukrainian people. The study examines the experience of the “land market” and the conclusion of contracts of sale of the latter in Germany, Latvia and France and identifies common and distinctive features of such functioning with the practice of Ukraine. The study analyzes the positive provisions of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the Circulation of Agricultural Land”, namely: lifting the moratorium on the purchase and sale of agricultural land; establishing requirements for citizens of the country regarding the availability of special education and experience in the field of agriculture; setting restrictions on the maximum area of agricultural land provided to one person; creation of a special body, the main function of which is to control the sale and purchase transactions; granting a preemptive right to a tenant, a local government body or a specially created body; establishment of control for the purpose of acquisition of agricultural land and the price of the contract. The authors identified shortcomings in the procedure for concluding contracts for the sale of agricultural land under Ukrainian law and proposed to use the experience of leading European countries that have already passed their own path of transformation of the “land market” and have accumulated extensive positive experience of the institute of purchase and sale of agricultural land. appointment. The authors came to the conclusion that the issue of the legal procedure for concluding contracts of sale of agricultural land still needs detailed scientific elaboration and improvement in practice.

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Legal regulation of legal relations in the field of land accounting

Law and innovative society ◽

10.37772/2309-9275-2019-2(13)-16 ◽

2019 ◽

Author(s):

D. Kondratenko

Keyword(s):

Public Relations ◽

Local Governments ◽

Legal Regulation ◽

The State ◽

Main Body ◽

Public Authorities ◽

Registration System ◽

Land Registration ◽

Land Relations ◽

Definition Of

Problem setting. The article analyzes the issue of legal relations in the field of land accounting. The legal nature of public relations in this area has been clarified. The accounting of the quantity and quality of land is investigated. The author’s definition of legal relations in the field of land accounting is provided. The circle of subjects of these legal relations is outlined. Analysis of recent researches and publications. To date, in the scientific literature there is no comprehensive study of the legal regulation of legal relations in the field of land accounting. There are only developments devoted to certain issues of land law science. Target of research. The study of the legal regulation of legal relations arising in the field of land accounting, the allocation of subjects of these legal relations. Article’s main body Justification of the appropriateness of obtaining, systematizing all the resources available on the land plot, determining the size, quality status and distribution of the land fund, providing the necessary data about the land, studying the legal relations arising on this occasion. The basis of the land registration and registration system in Ukraine is the State Land Cadastre. It reflects the subjective information on land, which accumulates as a result of land accounting. Such information is necessary primarily for the implementation of state control over the use, reproduction and protection of land. Only a legally regulated and wellmaintained process of conducting accounting and registration activities in the field of land relations can become the key to the introduction and functioning of a transparent mechanism for the circulation of land in market conditions and an effective mechanism for managing them. In this aspect, it is important to note that it is necessary to distinguish land accounting in the proper sense and land rights accounting (as a broader category compared to the first). In the context of the land registration reform and the further process of improving the State Land Cadastre, it is necessary to talk about the formation of land information relations. Conclusions and prospects for the development. Land accounting relationships are public relations that arise in connection with the activities of public authorities and local governments, which are endowed with appropriate powers to take measures to obtain, systematize and analyze information on the quantity, territorial location and use of land. The subjects of these legal relationships are landowners and land users, the state, state authorities and local selfgovernments, who are vested with the respective powers.

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The object of a criminal offence for misuse of budget funds, for budget expenditures or provi-sion of credits from the budget without determined budget purposes or with their excess

Naukovyy Visnyk Dnipropetrovs kogo Derzhavnogo Universytety Vnutrishnikh Sprav ◽

10.31733/2078-3566-2021-1-194-202 ◽

2021 ◽

Vol 1 (1) ◽

pp. 194-202

Author(s):

Tetyana Leonenko ◽

Dmytro Shiyan ◽

Olha Shiyan

Keyword(s):

Public Relations ◽

Economic Activity ◽

Local Governments ◽

Criminal Code ◽

Public Authorities ◽

Important Place ◽

Criminal Offense ◽

Criminal Offenses ◽

State And Local ◽

Budget System

An attempt has been made to determine the object of a criminal offense for misuse of budget funds, for budget expenditures or provision of credits from the budget without determined budget purposes or with their excess, on the basis of the analysis of scientific views, theoretical provisions and legislation on this problem. The object occupies an important place in the system of composition of a criminal offense, in particular, provided for in Article 210 of the Criminal Code of Ukraine, as it is a mandatory element. In the legal literature, the issue of criminal counteraction to the criminal offense provided for in Article 210 Criminal Code of Ukraine has received some attention in the writings of scholars. At the same time, in their writings, this problem is debatable. The purpose of the article is to solve the problematic issues of determining the object of a criminal offense for misuse of budget funds, for budget expenditures or provision of credits from the budget without determined budget purposes or with their excess, on the basis of the analysis of scientific views, theoretical provisions and legislation on this problem. Given that the criminal offenses under Articles 210 and 211 of the Criminal Code of Ukraine encroach on the budget system of Ukraine, in particular, on relations arising in the process of budget execution, and these relations do not belong to economic, and activities in this area are not economic, it seems appropriate to change the current title of section 7 “Criminal offenses in the field of economic activity” of the Special Part of the Criminal Code of Ukraine, which contains these articles, to the following: “Criminal offenses in the field of economic activity and budget system”. The main direct object of the criminal offense under Article 210 of the Criminal Code of Ukraine is public relations arising in the process of state and local budgets in terms of using budget funds to ensure the tasks and functions performed by public authorities, the Autonomous Republic of Crimea, local governments during the budget period.

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On Some Aspects of the New Rules on Land Plots Allotment

Journal of Russian Law ◽

10.12737/14378 ◽

2015 ◽

Vol 3 (11) ◽

pp. 0-0

Author(s):

Станислав Липски ◽

Stanislav Lipski

Keyword(s):

Russian Federation ◽

Local Governments ◽

Agricultural Land ◽

The State ◽

Competitive Bidding ◽

Rural Settlements ◽

Public Authorities ◽

The Russian Federation ◽

Land Code ◽

Legal Entities

The article reviews new rules on allotment of land plots to citizens and legal persons. The State Duma included these rules into the Land Code of the Russian Federation in summer 2014. Now they have come into force. The article focuses on the following issues. 1. How do these rules affect the land legislation in general? 2. What are the changes in the powers of public authorities of subjects of the Russian Federation and bodies of local self-government in regulating the order of land plots’ allotment and in implementation of such allotment? 3. How justified is the fact that now auctions are the only possible form of a land tender? The author believes that it is necessary to preserve competitive bidding for cases when same agricultural land plots are allotted to citizens and legal entities. Also there remains a problem associated with the transfer of power on allotment of lands from local governments of municipal areas to the level of rural settlements.

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Appeals against decisions, actions or inactivity of authorities regarding the provision of pub- lic services in the field of migration and citizenship in court

Uzhhorod National University Herald. Series: Law ◽

10.24144/2307-3322.2021.64.41 ◽

2021 ◽

pp. 224-228

Author(s):

S.M. Ivanov

Keyword(s):

Public Relations ◽

Supreme Court ◽

Public Services ◽

Legal Status ◽

Supreme Court Decision ◽

Research Area ◽

Scientific Article ◽

Public Authorities ◽

Protective Function ◽

The Supreme Court

The scientific article is devoted to the coverage of the court procedure for appealing against decisions, actions or omissions of public administration entities regarding the provision of public services in the field of migration and citizenship. It has been established that an administrative appeal, despite the optionality, is an important step in the provision of public services in the field of migration and citizenship. On the one hand, the appeal is intended to identify and eliminate shortcomings in the practical procedural activities of public authorities in the field of migration; on the other hand, contributes to the improvement of the procedural model of resolving individual cases in the research area, identifying its defects and weaknesses.Emphasis is placed, the legislative consolidation of the possibility of appeal in court and administratively re-quires two forms of appeal - administrative-procedural and administrative-procedural, which together create a guar-antee tool to protect the rights of individuals to citizenship and freedom of movement and free choice of residence.It is established that the presence in the Register of the subject of the claim and the requirements of the plaintiffs - №№ 820/4847/17, 815/2412/14, 820/4393/17, 495/8188/16-a, etc. - allows us to consider the analyzed case as a typical example. Again, based on the results of the case study, it can be concluded that in the activities of LCA units it is common to make administrative decisions on the basis of discretion, rather than legal requirements; Violations committed by public authorities in administrative and procedural activities turn into a threat of loss of legal status and rights for individuals from whom no violations have been committed. This situation cannot be considered an effective example of law enforcement in the field of administrative and procedural support in the field of migration.Given the importance of protecting the rights and freedoms of individuals as a party to public relations in the study area, the possibility of appealing against decisions, actions or omissions of public authorities in this area should be recognized as an important guarantee of preservation and restoration of individual rights. In these exam-ples, the judiciary has performed this protective function; to strengthen this trend, it would be rational to use the tool of an exemplary administrative case, which has become one of the most anticipated novelties in the reform of administrative justice. According to Part 22 of Art. 4 CAS of Ukraine an exemplary case is a typical administrative case accepted for proceedings by the Supreme Court as a court of first instance to issue a model decision; in other words, with the help of an exemplary case, an effective procedural mechanism of consideration of cases similar in scope and specifics of legal relations in which the conflict arose, composition of the parties and legal norms by which they are regulated, following the example of the Supreme Court decision in one such case, that is, in an exemplary case.

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Executive force of decisions of arbitration courts

Problems of Legality ◽

10.21564/2414-990x.153.225629 ◽

2021 ◽

pp. 38-48

Author(s):

D. M. Sibilov

Keyword(s):

Public Relations ◽

Scientific Development ◽

Social Phenomena ◽

Public Authorities ◽

Economic Relations ◽

Legal Nature ◽

Procedural Code ◽

The Law ◽

The Right ◽

Subjective Rights

Arbitration proceedings have been studied as one of the alternative forms of protection of subjective rights, freedoms and interests of individuals and legal entities, in terms of the implementation of arbitration decisions. Consideration of these issues is related to the analysis of the role of arbitration in public relations, the comparison of judicial functions inherent in courts as public authorities, and the limits of jurisdiction of arbitration courts. The division between judicial functions and the jurisdiction of arbitration courts is important. The legal nature of arbitration decisions differs from the legal nature of decisions of official judicial institutions. At the same time, under the conditions provided by law, they have executive force and can be enforced. Enforcement proceedings are considered as a system of procedural mechanisms for the execution of decisions of courts, other bodies and officials. Decisions of arbitration courts in accordance with the Law of Ukraine "On Arbitration Courts", the Law of Ukraine "On Enforcement Proceedings", the Civil Procedure Code of Ukraine and the Commercial Procedural Code of Ukraine may be enforced subject to review and admission by competent courts. At the same time, a number of issues of their implementation do not have sufficient scientific development. These questions are connected with fundamental understanding of essence of arbitration proceedings, its place in system of mechanisms of protection of the right, features of executive procedures. These issues need comprehensive research and systematization. The urgency of the topic is due to the fact that modern legislation is in dynamic development. Arbitration, as well as other out-of-court procedures for the protection of subjective rights, freedoms and interests, has become widespread in public relations. Legislation needs to be improved, it must respond in a timely, appropriate and harmonious way to the challenges that arise in society. The key to this is the creation of a relevant doctrinal approach in the analysis of social phenomena, mechanisms for protecting the rights, freedoms and interests of the subjects of civil and economic relations. The exercise of their powers by arbitrators presupposes a harmonious combination between the legislation on arbitration courts, procedural legislation and the legislation on enforcement proceedings.

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The role of public authorities in the development of the land market in Ukraine: organizational and legal aspect

Law Review of Kyiv University of Law ◽

10.36695/2219-5521.1.2020.29 ◽

2020 ◽

pp. 146-149

Author(s):

Olena Oкhotnikova ◽

Iryna Lutsenko

Keyword(s):

Land Management ◽

Agricultural Land ◽

Legal Aspect ◽

The State ◽

Land Market ◽

State Service ◽

Public Authorities ◽

Land Protection ◽

And Control

The question of the feasibility of becoming a land market in Ukraine has become particularly relevant in view of the European integration processes taking place in the country today and remains one of the most debated in Ukraine. Based on these considerations, the purpose of this article is to expose the role of public authority in the development of the land market in Ukraine. Also, in order to avoid duplication of functions by executive authorities and local self-government bodies, in our opinion, it is necessary to create a State Service for Land Management and Land Protection. In doing so, the Ministry of Agrarian Policy and Food of Ukraine, the State Service of Ukraine for Geodesy, Cartography and Cadastre should delegate to the Service tasks, functions for the organization and control of the land market, which is the main and the only direction in this field. The State Land Management and Land Conservation Service can only have such powers that will be used to meet state needs and not the departmental interests of the authority or the interests of its individual officials. We also propose to adopt the Law of Ukraine "On the State Service for Land Management and Land Protection", which will reveal the organizational and legal mechanism of activity of the authorities, define guarantees for the protection of Ukrainian peasants, and regulate and control the land market in Ukraine. Introducing the agricultural land market, we have every opportunity to regulate the rules of existence and functioning of the land market in such a way as to give the public authorities the opportunity to realize the ownership of land guaranteed by the Constitution, namely local self-government bodies. Thus, successful foreign experience leads to the conclusion that, on the one hand, it is necessary to balance the interests and guarantees of producers working on land, and on the other - to protect the interests of its owners. In order to increase the investment attractiveness and economic return of agricultural land, it is necessary to improve the mechanism of their lease. The problem of the role of public authorities in the field of land market development in Ukraine is not well understood, and the state of legal support for this problem needs further improvement to the relevant EU norms and standards.

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INSTITUTIONAL BASIS OF LAND RELATIONS REGULATION IN THE CONTEXT OF AUTHORITY DECENTRALIZATION

Eastern Europe: economy, business and management ◽

10.32782/easterneurope.31-3 ◽

2021 ◽

Author(s):

Olena Garazha

Keyword(s):

Local Governments ◽

Agricultural Land ◽

Supply And Demand ◽

The State ◽

Land Market ◽

Land Resources ◽

Agricultural Producers ◽

Land Relations ◽

Scientific Practical ◽

The Right

The article is devoted to the institutional basis of land relations regulation in the context of authority decentralization. The purpose of the article is development and substantiation of the institutional component of theoretical-methodological and scientific-practical bases of land relations regulation in the conditions of authority decentralization. The object of research was the legal processes of land relations regulation in the conditions of land market opening and increasing the role of territorial communities in land resources management. The importance of the regulatory base development for ensuring the functioning of the agricultural land market, which allows owners to alienate land shares (units) through electronic auctions, has been substantiated. The basic requirements for participants in land auctions for the land sale in the electronic trading system of state property in real time and the Internet have been considered in the article. The area and prices of sold land plots in distribution of agricultural land 12 July 2021 have been analyzed. The features of creation the complex plans of territory development of the united territorial community have been studied. The influence of the State Agrarian Register on the state aid receiving to agricultural producers has been considered. It has substantiated that one of the main tasks for today is to develop the mechanism for regulating the behavior of landowners, land users, government agencies, stakeholders and local governments; relations with the state and society on the involvement of land in a particular type of economic activity; acquisition of their status, capacity and profitability according to legal, economic and environmental norms on the basis of supply and demand in the land market. Thus, today completion of the administrative-territorial reform, the end result of which was the consolidation of administrative-territorial units at the initial levels of the hierarchical structure of the territorial division of the country, there was a transfer of authority to manage land resources to territorial communities. One of the key areas to regulation of land relations should be: an adoption of a number of new bills, which regulate the main issues of land relations in the context of authority decentralization; as well as further creation of the Agricultural Credit Guarantee Fund and development of the procedure for ensuring the right of employees of state agricultural enterprises, institutions, organizations to receive a land share (units).

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