scholarly journals Transformation of Leased Land Use of Agricultural Enterprises in Ukraine in Limited Land Market

2019 ◽  
Vol 10 ◽  
pp. 16-25
Author(s):  
Liudmyla Kolosa ◽  
Liudmyla Hunko
Keyword(s):  
Land Use ◽  
Agricultural Land ◽  
Civil Law ◽  
Legal Regulation ◽  
Land Market ◽  
Private Land ◽  
Agricultural Enterprises ◽  
Legal Restrictions ◽  
The Right ◽  
Substantive Law

The result of the long existence of legal restrictions on the agricultural land market in Ukraine was the formation of a specific leasehold system of land use. Agricultural enterprises and farms do not have land owned. Instead, the peasants who became owners of land during the distribution of collective farms, mostly do not process these parcels of land on their own, but also deprived of the right to alienate them (to sell, give, change). The study shows the development of leased land use of agricultural enterprises in Ukraine, which currently covers 16.8 million hectares of private land and about 1 million hectares of state-owned land. Since 2003, the civil law of Ukraine permitted to apply not only the lease of agricultural land, but also the emphyteusis right (the alienated right to use someone’s land for agricultural purposes), the process of transformation of lease into emphyteusis was started, especially in large agricultural holdings. The main advantages of emphyteusis as a substantive law and its attractiveness for agribusiness are considered. The suggestions on improving the legal regulation of land use under conditions of emphyteusis are given.

scholarly journals Features of circulation of agricultural lands in Ukraine for legal entities

2020 ◽  
Vol 15 (29) ◽  
pp. 23-50
Author(s):  
Sibilla Buletsa
Keyword(s):  
Land Tenure ◽  
Agricultural Land ◽  
Slow Growth ◽  
Legal Regulation ◽  
State Ownership ◽  
Land Market ◽  
Business Partners ◽  
The Right ◽  
The Cost ◽  
Legal Entities

Land in Ukraine can be in private, communal and state ownership. The lands of Ukraine include all lands within its territory, including islands and lands occupied by water bodies, which are divided into categories according to their main purpose. Legal entities may acquire land mainly for use on the rights of lease, sublease, emphyteusis and permanent use, may have agricultural land on the right of lifelong inherited land tenure, the legal regulation of which is currently absent. In Ukraine at this stage, models of organization of relations between business partners are effectively and justifiably used through the creation of a joint holding company in a foreign jurisdiction, which further establishes the company in Ukraine. As a result of the anti-terrorist operation and the occupation of Crimea on the territory of Ukraine, the rights of thousands of people to housing, land and property, including the rights of agricultural land use, were violated. Today, land lease is the main way of doing agribusiness, lease agreements have become an important tool for absorbing weaker competitors or seizing their land. In conditions of slow growth in the cost of rent, agricultural holdings can afford a slightly higher fee, which gives them a significant advantage over farmers. However, the moratorium on land has been lifted in 2020 and the land market in Ukraine will be introduced on July 1, 2021. From this date, agricultural land will be available to individuals, ie the moratorium on the sale of agricultural land will be lifted. As for legal entities, the land market will be open for them only from January 1, 2024.

scholarly journals Court Judgement as a Jural Fact in Civil Law: Doctrinal Discourse and the Problem of Legal Formulations

2021 ◽  
pp. 240-262
Author(s):  
V. G. Golubtsov ◽  
Keyword(s):  
Civil Rights ◽  
Civil Law ◽  
Modern Science ◽  
Legal Regulation ◽  
Public Law ◽  
Procedural Law ◽  
The One ◽  
The Right ◽  
Substantive Law ◽  
The Relationship

Introduction: the role of the court judgement that determines civil rights and obligations remains not completely perceived in civil law. In the modern science of civil law, no definite theoretical views on this subject have yet been formed, except for those that were formulated in the period when the science was actively discussing the very fact of referring court judgements to jural facts of civil law. In the article, we address this issue through reviewing, analyzing and generalizing the existing scientific views, with inter-disciplinary aspects also involved. The scope of study includes the disputable issues of the legislative definition of the court judgement seen as the basis for the commencement of civil rights and obligations and also the analysis of methodological positions significant for the research. Purpose: while taking the theory of modificatory claims as what is recognized in the modern doctrine of civil procedural law, to investigate the right-establishing force of the court judgement defined by the legislator as a jural fact of civil law. Methods: the methodological framework of the research is based on the general scientific method of scientific cognition, which reflects the relationship between the doctrine and law enforcement, as well as methods of dialectics, analysis, synthesis, analogy, functional, interdisciplinary, and system approaches. Results: the article proposes a system of concepts with the court judgment in its civil law meaning of a jural fact of substantive law lying at the core. Based on this system, we can state that the relationship between such concepts as the ‘court judgement’ and the ‘jural fact of substantive law’ is to a greater extent speculative. It is not sufficient to explain a court judgement as the basis for the commencement of civil law relations only based on the theory of procedural law, which divides all claims into declarative and constitutive ones. We argue that the concept ‘court judgement’ in its substantive meaning has a dual civil law function: (1) in the meaning of its right-restorative function – as a result of the protection of a violated civil right, and (2) as one of the grounds for the establishment of civil rights and obligations resulting from a private person’s initiative and the court authority. The right of the court to deliver right-establishing judgements that become one of the legal regulation elements within civil law, is an exception to the general civil law rule implying the discretionary method of regulation, according to which the parties determine their rights and obligations by mutual agreement. Following the analysis of the doctrinal views on the concept of the court judgement in its substantive meaning, which many authors consider to be the one not corresponding to its broader procedural meaning, we justify the position that there are no obvious grounds for diagnosticating the alleged contradiction between substantive and procedural legislation in terms of the logical scope of the ‘court judgement’ concept. It is more important to see the real legal meaning of this concept in the civil law reality, which involves a combination of the substantive law significance of a court judgement for establishing civil rights and obligations and the public law essence of this act, which is manifested not in private actions of the interested persons themselves but in unilateral actions of the court as a public law subject. We also formulated some methodological positions that could serve as theoretical guidelines for further research into the problem of the court judgement as one of the jural facts of civil law.

scholarly journals Foreign regulation experience of the agricultural land market

2021 ◽  
Vol 11 (3) ◽  
pp. 37-45
Author(s):  
O.V. Kireitseva ◽  
◽  
O.V. Zhylin ◽  
Keyword(s):  
Land Use ◽  
Agricultural Land ◽  
Legal Regulation ◽  
State Regulation ◽  
Land Market ◽  
Land Reforms ◽  
Land Protection ◽  
Foreign Countries ◽  
Land Relations ◽  
Legal Forms

The article examines theoretical formation foundations of functioning system of the agricultural land market in foreign countries. It is analyzed basic and special parameters of the legislative framework on land, protection of rights and opportunities of land owners, purchase and sale procedures in the context of land relations. It has been determined that the success of land reforms and the effectiveness of implementation and functioning of the land market depend on the level of their scientific substantiation, state regulation and measures to coordinate interests of its participants. Land relations are governed by norms of civil, administrative law, or by special laws dedicated to certain types of land relations, as well as laws on agrarian and land reforms in foreign countries. Such key aspects of public regulation are considered in: the taxation system, the credit and financial mechanism, antimonopoly policy, special targeted programs. There is various level of centralization and decentralization of land management, representative bodies of territorial communities that have different powers to regulate land use, organizational and legal forms of land use and forms of ownership of land resources that are not the same in countries with different socio-political systems. It has been determined that the legal regulation of land potential should contain effective aspects of the practical application of norms in real context. That is not only the normative existence of functioning rules, but also the practical aspect of ensuring the implementation of the state's land potential through local authorities within the land areas. This issue can be analyzed by the experience of foreign countries, such as the USA, Germany, France, Italy, Poland, Cyprus, Israel.

scholarly journals Analysis of the mechanisms and instruments regulating the use of agricultural land in Vietnam and other countries

2019 ◽  
Vol 6 (1) ◽  
Author(s):  
Vu Huong Thi Thu ◽  
Svetlana Kiseleva
Keyword(s):  
Land Use ◽  
Agricultural Land ◽  
Legal Regulation ◽  
Economic Incentives ◽  
State Regulation ◽  
Land Policy ◽  
Agricultural Enterprises ◽  
Organization And Management ◽  
The Earth ◽  
State And Market

Article is devoted to consideration and the analysis of mechanisms and instruments of regulation of land use and features of their application in Vietnam and other countries for the benefit of increase in efficiency of agriculture in the long term. Authors considered features of use farmlands, the main mechanisms of public administration by land resources in Vietnam. The attention to shortcomings of the sphere of management and use of farmlands in modern Vietnam is paid and recommendations in the designated area are made. Now, Vietnam is faced by a problem of formation of the mechanism allowing to realize appropriate use of farmlands. When developing the corresponding land policy it is expedient to legislators to consider the available foreign experiment on regulation of use of the agricultural land. Authors presented results of studying of foreign experience of the organization and management of agricultural land use for the purpose of identification of the existing effective mechanisms of legal regulation. In article it is shown that experience of land use in foreign countries is very various and has the specifics. It is necessary to use levers of the organizational and economic mechanism to increase in management efficiency and use of farmlands (for example, a combination of the state and market mechanisms of management of lands; protection of the highly productive agricultural land of zones; development of the large agricultural enterprises; compensation for damage from withdrawal and pollution of the earth; economic incentives for improvement of quality of the earth). Authors emphasize importance of awakening of interest of the organizations and companies in development of the environmental-focused innovative processes in agriculture for increase in its environmental efficiency. In article need of development and improvement of the main and special measures of state regulation of use of farmlands is noted.

scholarly journals A Model to Select Optimal Land-Use Mixes in Rural-Urban Fringe Areas

1976 ◽  
Vol 5 (2) ◽  
pp. 40-50
Author(s):  
Robert E. Lee ◽  
Robert L. Christensen
Keyword(s):  
Land Use ◽  
Urban Communities ◽  
Urban Growth ◽  
General Public ◽  
Agricultural Land ◽  
Urban Fringe ◽  
Land Market ◽  
Private Land ◽  
The Social ◽  
Strong Competition

Agricultural land in rural-urban fringe areas has received strong competition from expanding urban communities during recent years. Much of this urban growth has occurred haphazardly and has removed many acres of prime agricultural land from production as the private land market has failed to fully account for the social costs of land-use transitions. The impacts from these shifts in land use are felt by farmers, municipalities and the general public.

scholarly journals ECONOMIC AND LEGAL BASIS OF LAND RENTAL MARKET DEVELOPMENT IN UKRAINE

2020 ◽  
pp. 93-100
Author(s):  
Roman Voloshyn ◽  
Andriy Vitrovyi ◽  
Vasyl Melnychenko
Keyword(s):  
Land Reform ◽  
Agricultural Land ◽  
The State ◽  
Land Market ◽  
Agricultural Lands ◽  
Agricultural Enterprises ◽  
Land Rental ◽  
Land Relations ◽  
Leading Position ◽  
The Right

Introduction. Land reform is entering a crucial stage, which involves the gradual acquisition of the right to buy or sell agricultural land by individuals and legal entities. In such conditions, it is important to substantiate the mechanisms and trends that will be characteristic of the market for agricultural land lease, as these mechanisms today provide organized high-commodity agri-food production. Purpose Substantiation of economic and legal bases of the land lease market functioning after entry into force of norms on free sale of agricultural lands. Method (methodology). Data from the State Statistics Service of Ukraine, the State Geocadastre and the Ministry of Justice were used. Economic and legal theoretical and practical provisions related to land relations in agriculture of Ukraine are considered. Monographic and abstract-logical methods, as well as methods of comparison, generalization and analysis are used. Results. The nature of land relations in agriculture and the predominance of rent as a tool for land accumulation by agricultural enterprises is established. The size and structure of the agricultural land market are characterized, including the volumes of leased land are determined, the emphasis is on the leading position of lease in the system of land redistribution in the industry. Prospects for the development of land relations from the standpoint of entry into force of the law № 552-IX provisions. Peculiarities and expectations from the introduction of the agricultural land market are substantiated. It is established that due to the existing relations on the market of agricultural lands and the existing restrictions on their purchase and sale, economic use of land will continue to take place mainly on lease, the share of which will gradually decrease, but still remain significant.

scholarly journals Ukraine Agricultural Land Market Formation Preconditions

2017 ◽  
Vol 65 (1) ◽  
pp. 259-271 ◽  
Author(s):  
Evgen Dankevych ◽  
Vitalii Dankevych ◽  
Olexander Chaikin
Keyword(s):  
Land Use ◽  
Agricultural Land ◽  
State Agency ◽  
Land Market ◽  
Sociological Research ◽  
Infrastructure Development ◽  
Private Land ◽  
Market Formation ◽  
Land Relations ◽  
Land Sale

The theoretical land relations reforming principles were reviewed.Land relations in agriculture transformation process was studied. The land use features were detected and agricultural land use efficiency analysis was conducted.Ukraine land market formation research problems results have been shown. It was established that private land ownership institution ambiguous attitude, rent relations deformation, lack of the property rights ensure mechanism inhibit the land market development. Sociological research of Ukrainian Polesie region to determine the prerequisites for agricultural land marketformation preconditions has been conducted. 787 respondents from Zhytomyr, Rivne and Volyn regions were interviewed. Land shares owners age structure, their distribution by education level, their employment, land shares owners and agricultural enterprises executives to the agricultural land sale moratorium cancellation attitudes, land purchase financial resources, directions of Ukrainian Polissya region land shares use, shares owners land issues level of awareness have been determined during the research. Was substantiated that agricultural land market turnover includes not only land sale moratorium cancellation but also the adoption of the legislative framework and the appropriate infrastructure development, one of the key elements of which is land relations regulation specialized state agency – State Land Bank.

scholarly journals Legal nature of the requirements of the banking legislation of Ukraine to ensure credit operations of banks

2021 ◽  
pp. 297-305
Author(s):  
Anatoliy Babaskin
Keyword(s):  
Credit Card ◽  
Civil Law ◽  
Legal Regulation ◽  
Functional Method ◽  
Point Of View ◽  
The European Union ◽  
Scientific Publications ◽  
Economic Point ◽  
Legal Nature ◽  
The Right

Іintroduction. Despite the fact that a significant number of scientific publications by well-known Ukrainian authors are devoted to the issues of legal regulation of credit obligations, at the same time separate studies of banking legislation requirements on "acceptability of collateral" have not been conducted in Ukrainian civil science in recent years. This, taking into account the gradual alignment of banking legislation of Ukraine with the standards of Basel III, and Directive 2002/47 / EC of the European Parliament and of the Council of 6 June 2002 on financial collateral mechanisms, necessitates such scientific research. The aim of the article. On the basis of the analysis of the legislation of Ukraine, the legislation of the European Union, scientific advances in the sphere of civil law and banking legislation, in the context of the analysis of the banking legislation of Ukraine, it is safe for creditors. In order to achieve this goal: 1. Conduct an analysis of civil and legal species for the protection of crops for the subject of іх possible delivery to “acceptable safety” and vrahuvannya banks when opening a credit card. 2. Significantly "quasi-security", as viewed by the banking legislation in the form of "acceptable security" for credit cards. 3. Zdіysniti analysis of the approaches to the legislation of the EU in the field of protection from credit denominations. Results. The methodological basis of the study is general scientific and special legal methods of scientific knowledge. In particular, the dialectical method, the method of analysis and synthesis, the comparative law method, the functional method, the modeling method, etc. Conclusions. First, the banking legislation does not consider as "acceptable collateral" such types of collateral as penalty, surety, deposit, retention. Secondly, the banking legislation considers as "acceptable collateral" not only those specified in Part 1 of Art. 546 of the Civil Code of Ukraine types of security for performance of obligations (pledge, right of trust ownership, guarantee), and other types of security for performance of obligations provided by law or contract (reserve letter of credit, performing the function of financial guarantee, guarantees of public entities, guarantee payment), but also contractual constructions which do not concern types of maintenance of performance of obligations (repo agreements). Thus, the banking legislation considers collateral in credit operations from the economic point of view, according to which "acceptable collateral" is only such liquid collateral that guarantees the rapid recovery of the property of the creditor bank, which suffered damage due to default or improper performance of the counterparty loan obligation, as well as "quasi-collateral", if such is referred by banking legislation to "acceptable collateral". Third, the existence of rules in the banking legislation on the acceptability of collateral in no way affects the right of banks to use any type of collateral provided by law or contract, if the application of such is possible in credit relations, taking into account the legal nature of the relevant types. software. Fourth, the set of regulations of the National Bank of Ukraine on the acceptability of collateral can be considered as an institution of banking law, which includes as rules of civil law governing the types of collateral, other rules of contract law governing other "quasi-collateral" contractual constructions, as well as public-law special norms of banking legislation, which establish additional regulatory requirements for banks to ensure credit operations and calculate credit risk.

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