State regulation and institutional support of the market turnover of agricultural land in Ukraine

2021 ◽  
Vol 7 (3C) ◽  
pp. 682-689
Author(s):  
Ihor Yurchenko ◽  
Tetiana Kolesnyk ◽  
Tamara Ivanova ◽  
Victor Rudyka ◽  
Viktoriia Skrypnyk ◽  
...  
Keyword(s):  
Agricultural Land ◽  
Institutional Support ◽  
State Regulation ◽  
Land Market ◽  
Foreign Experience ◽  
Institutional Field

The article focuses on the need to strengthen state regulation and institutional support of the market turnover of agricultural land in Ukraine. The need to form an adaptive institutional field to support the organization of the agricultural land market is determined. The foreign experience of the formation of the legislative field regarding the market turnover of agricultural land is analyzed. Proposals for improving the efficiency of state regulation of market turnover of agricultural land are proposed.

Land Ownership in Ukraine: Reform Issues

2020 ◽  
Vol 11 (4) ◽  
pp. 1175
Author(s):  
Ivan O. KOSTYASHKIN ◽  
Nadiia I. CHUDYK-BILOUSOVA ◽  
Liudmyla S. TARANENKO ◽  
Alla V. ANDRUSHKO ◽  
Natalia M. LOGINOVA
Keyword(s):  
Land Tenure ◽  
Land Reform ◽  
Agricultural Land ◽  
Legal Regulation ◽  
State Regulation ◽  
Market Reform ◽  
Land Market ◽  
The European Union ◽  
Business Entities ◽  
Land Control

At present, the issue of land market reform for Ukraine is extremely urgent, as the state has for over 20 years been operating a moratorium on the alienation of agricultural land. The prudent transition from a moratorium on the alienation of agricultural land to the modern land market is a priority area for land reform. The purpose of the paper is to conduct a scientific analysis of the current state of land market reform in Ukraine, as well as to compare the chosen reform path with the experience of developing the mechanisms of legal regulation of the land market in several European countries. Methods traditional for legal studies in Ukraine were used to achieve this purpose: historical law; comparatively law; formal law. The study found that a moratorium on the sale of agricultural land leads to the existence of a gray land market, which benefits primarily large corporations, and violates the rights of other business entities. State regulation in the EU countries is expressed in limiting the size of land, control over compliance with the change of purpose of land or the absolute prohibition of its change, restrictions on admission to the purchase of land by foreigners, obtaining special permits for the acquisition of agricultural land, etc. To fulfil the potential of the land market and fully protect the rights of landowners, it is important to consider not only the expansion of opportunities for sale but also the lease of land. The experience of the European Union states that the priority way of development of the land market is its development through stimulation of the farming method of land tenure and land use, which contributes to the performance of the social function by the land.

scholarly journals International Experience of Agricultural Land Market Turnover Regulation

2021 ◽  
Vol 6 (1) ◽  
pp. 84-89
Author(s):  
L’ubov Kuzmenko
Keyword(s):  
Land Use ◽  
Agricultural Land ◽  
Current Model ◽  
State Intervention ◽  
International Experience ◽  
State Regulation ◽  
The State ◽  
Land Policy ◽  
Land Market ◽  
Large Corporations

The land market in Ukraine is currently being formed. Therefore, it is now especially important to master the experience of using the mechanisms of regulation of this important market, which have undergone a long and successful testing in foreign countries. The article reveals the main directions of international experience in regulating the market of agricultural land.To ensure the optimal distribution of land among users and for the efficient functioning of the land market in most countries of the world, land policy is structured in such a way that agricultural land is cultivated by those who are able to ensure its most productive use. The article analyzes the possibility of applying this experience in Ukraine on the basis of generalization of modern foreign practice. The agricultural land, in contrast to the land for industry, transport and other industries, is the main means of production. The article notes that the current model of state regulation of the land market can lead to the monopolization of such markets and the acquisition of agricultural land by large corporations. There are considered the opinions of various authors on this issue, and has defined the need to form the main aspects necessary for the efficient use of land resources.The example of individual countries shows that the lack of active state intervention in market turnover has led to the monopolization of agricultural land by large corporations. It is concluded that at the present stage of implementation of the policy that ensures the efficiency of land use in agriculture, the state should strengthen the functions of regulating land use processes. There were some specific proposals for improving the system of regulation of land relations in agriculture, which should play a progressive role in the further development of the state. JEL classіfіcatіon: H3, H2

Reforming Land Relations in Ukraine: Experience of Foreign Countries

2020 ◽  
pp. 25-34
Author(s):  
Ivan Mytsenko ◽  
◽  
Tetyana Reshytko ◽  
Keyword(s):  
Agricultural Sector ◽  
Agricultural Land ◽  
State Regulation ◽  
The State ◽  
Secondary Market ◽  
Land Market ◽  
Agricultural Enterprises ◽  
Eu Member States ◽  
Foreign Countries ◽  
Land Relations

Theoretical and practical approaches to the formation of land market in Ukraine are considered in the article. The views of scientists and practitioners on the problem of creating land market are summarized. It has been proven that land market is vital for agriculture and rural residents. It allows using land as collateral for agricultural enterprises. It is a source of income for farmers and allows land to move to a more efficient owner. It is investigated that during the transformations in the agricultural sector of Ukraine, the state monopoly on land was abolished, agricultural enterprises were privatized, new market structures were created, that is preconditions were created for the introduction of market land turnover and formation of the secondary market of agricultural land. Today it is obvious that further regulation of land relations is needed to ensure effective development of newly created economic agricultural formations. The lack of a real market for agricultural land hinders their efficient distribution and restrains long-term investment in land and agriculture in general. The history of reforming land relations of foreign countries is analyzed and systematized. Peculiarities of land markets formation and organization of lease land relations in the countries of the world are shown. It is studied that the state regulation of the agricultural land market of the EU member states is aimed at preserving land, preventing excessive concentration or fragmentation of land, sale of land primarily to farmers who have experience in agricultural production and live in the area. The issue of the land market is especially acute for countries with economies in transition, including Ukraine. Of particular note is the lease of agricultural land, which is the main form of land relations in many countries. The need to apply positive foreign experience in creating a market for agricultural land in Ukraine is indicated.

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.

Public interests and human rights under the agricultural land market turnover: an experience for Ukraine

Ekonomika APK ◽  
2021 ◽  
Vol 321 (7) ◽  
pp. 63-75
Author(s):  
Olena Borodina ◽  
Ihor Prokopa
Keyword(s):  
Human Rights ◽  
Agricultural Land ◽  
State Regulation ◽  
Practical Significance ◽  
Land Market ◽  
Land Reforms ◽  
Public Interests ◽  
Research Results ◽  
Land Relations ◽  
The Impact

The purpose of the article is to reveal the basic incentives and strategic directions of land reforms in the world, the character of domestic transformations in the field of land tenure and land use and the possibility of implementing world experience in Ukraine. Research methods. Methods used: abstract-logical (in covering land relations in terms of basic human rights and goals of land reforms, finalizing findings), logical-historical and comparative analysis (in assessing the consequences of different approaches to land reforms), strategic analysis (in assessing the intentions and results of land reform in Ukraine). Research results. The purpose of land as a public wealth in the implementation of UN directions on human rights in general and the rights of peasants and other people in rural areas is highlighted. Fundamentally different approaches (egalitarian and market) to land reforms, their social and economic essence, and the role for the development of national economies are revealed. The nature of transformations in land relations in Ukraine, the impact of state agricultural policy, tendencies of further development of the agricultural land market and the directions of the egalitarian principles implementation in the improving its’ mechanisms are assessed. Scientific novelty. The directions of strengthening state regulation of agricultural land market turnover in Ukraine under the basic human rights, rights of peasants and realizing public interests with elements of the egalitarian approach to land reforms are substantiated and their necessity is actualized. Practical significance. The research results implementation in improving the mechanisms of agricultural land market turnover in Ukraine will facilitate overcoming structural distortions in the agriculture, diversifying agricultural and rural development, reducing segregation in society in terms of quality of life. Refs.: 34.

scholarly journals Advantages and risks of opening the land market in Ukraine

2020 ◽  
Vol 18 (4) ◽  
pp. 423-436
Author(s):  
Mykola Kurylo ◽  
Oleksandr Kostenko ◽  
Alyona Klochko ◽  
Vitalii Gatseliuk
Keyword(s):  
Land Reform ◽  
Agricultural Sector ◽  
Agricultural Land ◽  
Banking System ◽  
State Regulation ◽  
Land Market ◽  
Industrial Complex ◽  
Market Opening ◽  
State Management ◽  
Banking Institutions

The relevance of the study is due to the abolishment of the moratorium on the sale of agricultural land and the risks arising from the land market opening in Ukraine. The paper aims to identify the effectiveness of land mortgages for the agricultural sector of the economy and determine the mechanisms of state policy aimed at legal groundwork to guarantee rights of landowners. The comparative analysis of the land market development in the Central European states contributed to identifying system-based state management of land market formation processes, which had a positive effect on the land reform outcomes in these states. The analysis results confirmed the timeliness of the land market opening in Ukraine, which is related to the chosen economic and political course. The investment attractiveness of the Ukrainian agro-industrial complex is due to high productivity of lands and is supported with the possibility of mortgaging agricultural land. Neutralization of factors hindering the foreign investment attracted to agricultural business will contribute to the attraction of efficient technologies and highly productive use of the agricultural land in Ukraine. Some measures aimed at the land relations transformation in Central Europe do not consider the peculiarities of the Ukrainian agricultural sector. In particular, it is not reasonable to sell agricultural land to foreigners. Assessment of certain provisions of the Law of Ukraine ‘On Amendments to Certain Legislative Acts of Ukraine on the Conditions of Agricultural Land Transactions’ No. 552-IX shows the inevitability of abuse by foreign-owned banking institutions of the possibility to alienate the lands pledged under any loan agreements. Criminalization of evasion from the alienation of agricultural land as collateral will prevent the risks of acquiring Ukrainian agricultural lands by foreign-owned banking institutions. It is concluded that the banking system will only perform the functions of an investor in the agricultural sector of the economy, so there is a need to strengthen the state regulation of the land market in Ukraine.

scholarly journals FOREIGN EXPERIENCE IN ORGANIZING THE USE OF AGRICULTURAL LAND

2021 ◽  
Vol 68 (1) ◽  
Author(s):  
E.I. Isibaeva ◽  
Keyword(s):  
Rural Areas ◽  
Agricultural Land ◽  
Sustainable Use ◽  
State Regulation ◽  
Legal Analysis ◽  
Foreign Experience ◽  
Main Requirement ◽  
Legal Provisions ◽  
Domestic Legislation ◽  
Private And Public

The article describes the foreign experience of organizing the use of agricultural land. Agricultural land as an object of legal relations is a unique natural resource that is depleted when not properly used and requires high costs to restore their fertility. Therefore, legal support for the proper use of agricultural land is designed to take into account the existence of private and public interests in relation to such land, to ensure their balance. Legal provisions of agricultural land in the conditions of a moratorium on the application of certain norms of land legislation are provided. A comparative legal analysis of the tools used in Kazakhstan and abroad to ensure the proper use of agricultural land allows us to identify existing, but not used, legal mechanisms that ensure the preservation of the qualitative and quantitative state of these lands, and analyze the prospects for their introduction into domestic legislation. At the level of national legislation, the priority form of agricultural land management is defined - peasant or farm farming, the main requirement for its activities is compliance with environmental requirements when using land. Based on this, measures are being developed to support the agricultural producer and preserve the agricultural land behind him. Foreign experience shows that during the period of sustainable use of agricultural land, such legal instruments are very effective and allow us to determine the desire of farmers to provide an opportunity to conduct agriculture. It is achieved through state regulation of their use and turnover, aimed at redistribution to agricultural producers. Borrowed from the legal practice of foreign countries in ensuring the proper use of agricultural land. Of course, it is necessary to take into account the history of the development of land relations in rural areas, social features, and current economic conditions for the development of a legal system aimed at the effective use of agricultural land.Thus, foreign experience in regulating the use and turnover of agricultural land is largely taken into account in domestic legislation.

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