Legal Aspects of the Opening of Ukraine’s Land Markets

2020 ◽  
Vol 50 (3) ◽  
pp. 279-287
Author(s):  
Nataliia S. Kuznietsova ◽  
Natalia M. Onishchenko ◽  
Oleksii O. Kot
Keyword(s):  
Land Reform ◽  
Agricultural Land ◽  
Legal Aspects ◽  
Land Market ◽  
The European Union ◽  
Public Land Management ◽  
Investment Capital ◽  
Basic Approaches ◽  
Definition Of ◽  
The Right

Creating a land market is one of the most debated and politicised issues of Ukraine’s environmental and agricultural policy. There is an urgent need to examine the following issues (among others): a) identifying priority measures for establishing the land market; b) studying the experience of public land management so as to further adapt the land legislation of Ukraine to the requirements of the European Union; and c) maintaining the domestic agrarian sector in the context of effective conservation of the State’s land resources. The purpose of this paper is to conduct a comprehensive analysis of the preconditions and realities of opening up the agricultural land market in Ukraine, including to formulate sound conclusions on the practical consequences of such reforms for domestic landowners. It was researched applying two basic approaches to scientific cognition – general scientific methods and special legal methods. It elaborates the conditions for the introduction of a land market in Ukraine; analyses the historical prerequisites for the implementation of land reform; identifies the main risks for landowners that come into play with the opening of the land market; and formulates further directions of improvement of relevant legal regulations and mechanisms. Noting that currently Ukrainians have the least amount of investment capital and extremely limited access to loans, it concludes that, under current legislation, without a clear definition of the right to purchase their own land, the holders of private farms and other small farmers will struggle to gain access to the Ukrainian land market.

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 Prospects for the market turnover of agricultural land in Ukraine

2017 ◽  
Vol 15 (2) ◽  
pp. 344-354 ◽  
Author(s):  
Mykola Koroteyev ◽  
Iryna Korman ◽  
Olena Manziy ◽  
Olha Semenda ◽  
Olena Semenda
Keyword(s):  
Land Reform ◽  
Agricultural Land ◽  
Developed Countries ◽  
Economic Consequences ◽  
Land Market ◽  
The Political ◽  
Private Ownership ◽  
Current State ◽  
Land Relations ◽  
The Right

The problems of organizing the functioning of the land market in Ukraine remain unregulated. Gradually, they have moved from the economic plane to the political one, thereby exacerbating social tensions in the society. The current state of land relations requires immediate reforms in terms of granting the right to almost 7 million citizens to dispose of their property. Therefore, the issue of completion of land reform and the introduction of agricultural land market is a responsible step for the state and provides for the development of a set of measures based on the forecast of socio-economic consequences for the whole society. This step may be related to the transfer of land to private ownership, formation of a multi-sectoral economy on the basis of ensuring equal development of various forms of management, ensuring conditions for the efficient and rational use of land. The authors emphasize that the draft laws on land turnover submitted for discussion do not specify the issue of transparency of the possible introduction of a free land market and contradict each other. They do not take into account the international experience of developed countries.

Peculiarities of Land Reform and Introduction of the Land Market in Ukraine: Legal Security and Consequences

2021 ◽  
Vol 67 (2) ◽  
pp. 261-269
Author(s):  
Olha Zyhrii
Keyword(s):  
Land Tenure ◽  
Land Reform ◽  
Agricultural Land ◽  
Land Market ◽  
Controversial Issues ◽  
Land Relations ◽  
The Government ◽  
Legal Security ◽  
The Right ◽  
Ukrainian Society

During the years of Ukraine's independence, the issue of land reform and the opening of the market for agricultural land was on the agenda of the legislative and executive branches of government. According to the Constitution of Ukraine, land is the most valuable wealth and property of the Ukrainian people. Land reform is not the first attempt by the authorities to change land relations in Ukraine, but it was to resolve the controversial issues of Ukrainian land. The implementation of land reform provided not only the introduction of effective mechanisms of land tenure and land use, but also the development of a modern land market on the basis of a market economy. Land reform has been hampered by corruption, a moratorium on the sale of agricultural land, and the desire of some politicians to speculate on the issue. Therefore, the moratorium in Ukraine was introduced as a temporary tool to protect landowners in the underdeveloped infrastructure of the land market. The adopted Law of Ukraine in 2020 removes the moratorium and gives the right to owners of agricultural land to dispose of their land at their own discretion. In the future, the opening of the land market should be a significant change in the life of Ukrainian society. However, the villagers face a number of unresolved issues that need to be clarified. Parliament and the government are expected to adopt and implement new land laws, such as decentralization of land management, the state e-auction, and the establishment of an independent Partial Lending Fund to increase smallholder access to flexible financing.

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 Opening of agricultural land market in Ukraine

2020 ◽  
Vol 11 (2) ◽  
pp. 18-24
Author(s):  
O. Kireitseva ◽  
◽  
O. Zhylin ◽  
Keyword(s):  
Average Cost ◽  
Land Reform ◽  
Agricultural Land ◽  
Land Market ◽  
Basic Law ◽  
Land Relations ◽  
Basic Parameters ◽  
Government Data ◽  
The Right ◽  
Almost All

The article examines the functioning of agricultural land market in Ukraine. The basic parameters of the existence of legislation on land, the protection of the rights of owners of land plots, the possibilities of buying and selling in the context of land relations, the activities of agricultural holdings are analyzed. It is determined that land, labor and capital should function as goods in market economy, as factors of production. The significant role can be played by state that has capabilities for determination the presence of appropriate levers of power. The land, like other natural resources located within the territory of Ukraine, are objects of property rights of Ukrainian people. The Basic Law entrusts state with the function of protecting rights of all subjects of property as well as business rights. It has been determined that reforming of land sector is in one way or another affects interests of almost all citizens of country. The basis of agrarian reforms is land reform. The land market in Ukraine will be introduced on July 1, 2021. Citizens of Ukraine, legal entities of Ukraine, territorial communities and the state will be able to acquire ownership of agricultural land plots. The total area of agricultural land plots owned by citizen and legal entity may not exceed 10,000 hectares. It is determined that the limit of 100 hectares and the right to purchase the land plot have only individuals by January 1, 2024. Until January 1, 2030, the sale price of agricultural land plots allocated in kind (on the ground) to the owners of land shares (shares) cannot be less than their normative monetary value. Calculations are made in non-cash form. According to the Ministry of Economy, the average cost of renting a hectare of land in Ukraine is 1,700 hryvnas per year. After the introduction of the market, it can grow to 4000 hryvnas in 2024. According to government data, the average cost of hectare of land after the opening of the market will be about $ 2,200, but if the sale of land to foreigners is prohibited, this amount may be lower.

LEGAL ASPECTS OF THE EFFECTIVE FUNCTIONING OF THE AGRICULTURAL LAND MARKET IN UKRAINE

2020 ◽  
pp. 278-281
Author(s):  
N.V. Bondarchuk ◽  
M.A. Dubenkova
Keyword(s):  
Agricultural Land ◽  
Legal Aspects ◽  
Land Market ◽  
Effective Functioning

Land Reform in Zimbabwe: Some Legal Aspects

1993 ◽  
Vol 31 (4) ◽  
pp. 585-600 ◽  
Author(s):  
Gino J. Naldi
Keyword(s):  
Land Tenure ◽  
Land Reform ◽  
Agricultural Land ◽  
Legal Aspects ◽  
Livestock Production ◽  
Declaration Of Independence ◽  
Unilateral Declaration ◽  
Liberation Movements ◽  
Crop And Livestock Production ◽  
Trust Lands

The Government of Zimbabwe has only recently begun to implement the commitment of the liberation movements to give land to poor ‘communal’ farmers, especially those dispossessed by the whiteminority régime after Rhodesia's unilateral declaration of independence in 1965. It needs to be recalled that by virtue of the Land Tenure Act of 1969 almost half of the country's agricultural land was allocated to Europeans, who had ‘greater access to the regions considered suited to intensive crop and livestock production’, and that ‘On average, each of the nearly 7,000 European farms was roughly 100 times the size of any of the 700,000 or so holdings in the Tribal Trust Lands’. The fact that much of this land was under-utilised only served to increase African resentment.

ECONOMIC AND LEGAL STATUS OF THE CONSULTING ENGINEER IN UKRAINE: REGULATORY PROBLEMS

2017 ◽  
Author(s):  
Alla Brovdii ◽  
Keyword(s):  
Economic Activity ◽  
Legal Status ◽  
Road Construction ◽  
Legal Aspects ◽  
Legal Form ◽  
Employment Contracts ◽  
Economic Relations ◽  
Definition Of ◽  
The Right

Some aspects of the economic and legal status of a consulting engineer are analyzed, taking into account the specifics of national legislation. Some problems of the legal status of the consulting engineer and the forms of his economic activity are revealed. The introduction of such an entity as a consulting engineer in the modern conditions of construction development is of particular importance due to the need to improve the quality of construction work, the development of competition in this area and the need to change approaches to economic activity in this area. It is established that the concept of consulting engineer is defined in some special regulations, in particular, regulating activities in the field of road construction, but the economic and legal aspects of his business remain unresolved. This significantly affects the effectiveness of the introduction of the institute of consulting engineers in the field of management. The problem of lack of clear definition of the form of conducting economic activity by the specified participant of economic relations is revealed. The necessity of adopting a special normative legal act, namely the Law of Ukraine "On the activities of consulting engineers", in which to regulate general issues of their legal status, features of the organization of its activities, responsibilities, etc is proved. The author's definition of the concept of consulting engineer is proposed, taking into account the need to establish the organizational and legal form of his business, which will ensure proper regulation of relations between him and other participants in construction relations, including contractors and customers. The solution of some problems of the economic and legal status of the consulting engineer under the legislation of Ukraine is offered. The expediency of conducting the activity of a consulting engineer as a self-employed person, or carrying out its activity by creating a legal entity (association of consulting engineers) is substantiated. In addition, in our opinion, an entity that carries out engineering activities and has concluded employment contracts with duly accredited consulting engineers has the right to provide the services of a consulting engineer.

scholarly journals Economic-legal aspects of business assets definition and its effectiveness analysis

2004 ◽  
Vol 52 (6) ◽  
pp. 189-210
Author(s):  
Oldřich Tvrdoň ◽  
Radmila Presová ◽  
Martin Přibyl
Keyword(s):  
Legal Aspects ◽  
Plant Production ◽  
Joint Stock Company ◽  
The European Union ◽  
Stock Company ◽  
Corn Production ◽  
Effectiveness Analysis ◽  
The World ◽  
Definition Of

The thesis “Economic-legal aspects of business assets definition and its effectiveness analysis” analyses the contribution of business assets in joint-stock company Svornost Těmice. The company operates in the field of agricultural primary production. Focus of plant production still keeps the traditional composition of plants grown. In connection with increasing the quality of effectiveness of the machinery the area of corn-production will be expanded. In animal production, the company specialises on the pig-feeding and milking-cows.The theoretical part includes the opinions of the world economists and managers on the definition of basic concepts related to business assets. These opinions are confronted with those of Czech authors, in order to acquaint students of the Faculty of Business and Economics with them – focusing on students of the Trade Management specialisation.The practical part is focused on analysis of effectiveness of business assets in the selected company. It have confirmed that managers of this business have to improve the intensity of exploitation of the asset base and thus to reach its higher effectiveness. This task is necessary for operation in the intensive-competition environment formed after the entrance into the European Union.

Between health and salary: The incomplete regulation of working time in European law

2019 ◽  
Vol 10 (4) ◽  
pp. 370-385
Author(s):  
Vincenzo Ferrante
Keyword(s):  
Health And Safety ◽  
Case Law ◽  
Working Time ◽  
Equal Treatment ◽  
Social Rights ◽  
The European Union ◽  
International Regulation ◽  
History Of ◽  
Definition Of ◽  
The Right

The European Union competences on health and safety of workplace constituted the legal basis for the 93/104 Directive to be adopted (and for the consolidated text of 2003/88 Directive). The Court of Justice has firmly maintained this approach refusing to take into account the history of international regulation on working time, which links together work and salary in perspective to give the workers the right to fair and equal treatment as regards their working conditions (as has been recently proclaimed also by the European Pillar of Social Rights). Building on these general premises, this article analyses the more recent European pieces of legislation and cases related to on-call time and proposes a new model for the definition of working time in the light of CJEU case law.

Sign in / Sign up

Export Citation Format

Share Document