scholarly journals LEGAL STATUS OF AGRICULTURAL LANDS IN THE CONDITIONS OF LAND MARKET OPENING

Author(s):  
A.L. Pravdiuk
Author(s):  
N.V. ARZAMASTSEVA ◽  
◽  
N.V. PROKHOROVA ◽  
L.L. KHAMIDOVA

Accurate and complete information on the status and use of agricultural lands is required to take rational managerial decisions in the agricultural industry. Their aim is to ensure agricultural development and the effective use of agricultural lands, in particular. Analysis of information sources containing data on the status and use of agricultural lands shows that there are data pitfalls related to the area of agricultural lands and the area of agricultural lands not used as intended. This study revealed that there is misinformation about the area of vacant agricultural lands and the area of unclaimed land areas in the Russian Federation. The reliability of the available information on the area of agricultural lands of different ownership forms is questionable, provided that the division of agricultural land occurs at a slow pace. Accurate, complete, and timely information on the land market and accurate state cadastral assessment of agricultural lands will reduce the information asymmetry that impairs the selection, and improve the conditions for the agricultural land market operation. The existing problems with the accuracy and completeness of information on the status and use of agricultural lands should be resolved through improvements in the Unified Federal Information System for Agricultural Lands. The system was put into operation in 2018 by the Ministry of Agriculture of the Russian Federation, which collects and consolidates information on agricultural lands. To do this, it is required to develop a mechanism that allows the EFIS ZSN to receive information from various sources, while one of the information providers should not be interested in its content.


2021 ◽  
Vol 244 ◽  
pp. 03006
Author(s):  
Irina Kustysheva ◽  
Anastasia Konyukhova

The article explores the question of the concept of inter-settlement territory. Such a territory, namely the concept of such a territory in the Russian Federation, appeared relatively recently. The authors studied the prospects for the development of settlements (urban, rural) through the use of the inter-settlement territory, which is mainly formed on agricultural lands. A generalized analysis of scientific methods and approaches of the organization of management in settlements and in inter-settlement territories are considered, the problems of using such a territory are identified and proposals are developed to solve the identified problems of the legal status of an inter-settlement territory.


Author(s):  
Inna Kurylo ◽  
◽  
Oleksandr Semchyk ◽  
Olena Kravchenko ◽  
◽  
...  

The article highlights the problems of theoretical and legal bases of development of the institute of consolidation of agricultural lands in Ukraine. The concept of land fragmentation is analyzed. It is argued that in modern conditions of agricultural land use in Ukraine the main problem is the fragmentation of land ownership. It is noted that one of the tools to improve land use is land consolidation. comprehensive study of the concept of consolidation of agricultural land. The expediency of the legislative definition of the concept of "consolidation of agricultural lands" is proved. The conclusion is made about the need to adopt the Law of Ukraine "On Consolidation of Agricultural Lands". It is noted that one of the conditions for the implementation of measures to consolidate agricultural land is the land market. It is concluded that land consolidation can be an extremely effective means of rural development. The expediency of developing a comprehensive legal concept of land consolidation of Ukraine and the introduction of the Ukrainian model of consolidation of agricultural land is proposed.


2021 ◽  
Vol 22 (1-2) ◽  
pp. 97-110
Author(s):  
Valery Modebadze

This article describes the creeping occupation of Georgian territories and Russian aggression against the local civilian population. It explains in detail how Russia violates international norms and rules and treats the civilian population in the occupied territories of Georgia. Since the occupation of the Georgian territories, Russia constantly discriminates against the local Georgian people and treats them very inhumanly. Many Georgian families were forced to abandon Abkhazia and South Ossetia due to this inhuman treatment. The legal status of Georgians living in the occupied territories considerably worsened after the Russian Federation signed a treaty on “alliance and strategic partnership” with Abkhazia and South Ossetia. As time passes, Russia is creating more obstacles and problems for local Georgian people and treats them very inhumanly. Georgians living in the occupied territories are deprived of all human rights and are treated as second-rate citizens by puppet regimes in Abkhazia and South Ossetia. Georgian people living close to the occupation line also face enormous problems due to the creeping annexation of Georgian territories. Russian Federation tries to expand the boundaries of South Ossetia at the expense of Georgian lands. As a result of this creeping occupation local Georgian people living close to the occupied territories constantly lose their vital agricultural lands, which are the only source of income for them.


2021 ◽  
Vol 3 (49) ◽  
pp. 82-90
Author(s):  
K. O. Patytska ◽  

The delegation of responsibility for territorial development to communities has been an important result of decentralization in Ukraine, which requires a comprehensive approach to asset management at the local level. Land asset management is among the key and most controversial issues in this field. The article is aimed at determining the practical ways of managing the land assets of a territorial community in terms of opening the land market in Ukraine. The article focuses on the definition of practical ways to manage the land assets of the territorial community amidst the land market opening in Ukraine. The main problems that have become more acute with the intensification of land relations and the growing role of local self-government in the land assets management are argued, and the main ways to overcome them are identified. The role of inventory in obtaining complete and reliable information on land assets available in the community is determined, and the ways to increase the economic potential of territorial communities by identifying the cases of unauthorized land occupation, shadow land lease, non-use of communal land, use of nonagricultural land for agrarian purposes, and determination of unclaimed land shares (units) or land plots of deceased heritage are highlighted. The need to use integrated spatial planning of community development is revealed. Prospects for further research in this area are the use of the mechanisms proposed in the article for the development of territorial communities, in particular, with respect to the trends of decentralization and land market opening in Ukraine.


2021 ◽  
pp. 2-2
Author(s):  
I. Novakovska ◽  
◽  
L. Skrypnyk ◽  
N. Ishchenko ◽  
◽  
...  

The peculiarities of the free market of agricultural lands are described. The consequences of opening the land market in terms of economic, land and legal components in the system of land relations are presented. The list of conditions for the purchase and sale of agricultural land is highlighted. The specifics of the functioning of the free market of agricultural lands are substantiated. The characteristic of basic normative-legal acts in the sphere of functioning of the land market is given. A comparative analysis of the current state of purchase and sale of land by farms and agricultural holdings. A comparison of the indicators of the number of concluded agreements of purchase and sale of agricultural land, the average value of rent per 1 hectare of land, respectively, by region and price fluctuations per 1 hectare of land when concluding purchase and sale agreements. The foreign experience of land market function with the detailing of the factors influencing the further development is analyzed. In particular, the problems and needs in the functioning of the land market of Poland, Brazil, the United States and the United Kingdom are considered. The possibility of introducing an electronic system such as EMBRAESP, which monitors the main indicators of the efficiency of the urban real estate market, together with city legislation, land regulations and large public works projects that may affect the behavior of real estate markets. Key words: land relations, land market, land lease, land legislation.


2019 ◽  
pp. 73-78
Author(s):  
S.V. Bogomazov ◽  
O.S. Balakireva ◽  
E.V. Efremova ◽  
O.A. Tkachuk ◽  
A.V. Lyandenburskaya ◽  
...  

В статье приводится анализ хозяйственного использования лесных защитных насаждений на землях сельскохозяйственного назначения. Целью исследований являлась инвентаризация лесных защитных насаждений на территории Волчковского сельсовета Белинского района с целью сохранения и восстановления агролесомелиоративного фонда. В камеральных условиях создан актуальный картографический материал на базе космических снимков высокого и сверхвысокого разрешения, проведено визуальное дешифрирование с составлением векторного полигонального слоя текущего местоположения защитных лесных насаждений, определено количество дешифрированных объектов, их правовой статус и общая площадь (199,2 га). Расчет индекса NDVI показал, что состояние, не требующее проведения мероприятий по восстановлению (обновлению), имеют 77 лесных полос общей площадью 127,1 га состояние, требующее мероприятий по восстановлению (обновлению), актуально для 31 лесной полосы площадью 70,4 га полностью утраченная одна лесная полоса площадью 1,7 га. Разработана дорожная карта мероприятий по сохранению агролесомелиоративного фонда.The article provides an analysis of economic use of shelterbelt forests on agricultural lands. The aim of the research was a compartment description of shelterbelt forests on the territory of the Volchkovsky village council of the Belinsky district in order to preserve and restore the stock of reclamative afforestating land. In the laboratory conditions, an up-to-date cartographic material was created on the basis of high-resolution and ultra-high-resolution satellite images, visual interpretation was made with the preparation of a vector polygonal layer of the current location of the shelterbelt forests, the number of decrypted objects, their legal status and total area (199.2 ha) were determined. The calculation of the NDVI index showed that the state, not requiring restoration (updating) measures, had 77 forest strips with a total area of 127.1 hectares a condition requiring restoration (renewal) measures was relevant for 31 forest strips with an area of 70.4 ha one forest strip with an area of 1.7 hectares was completely lost. A roadmap for the conservation of the stock of reclamative afforestating land was developed.


Author(s):  
Lyubomir Tsaryk ◽  
Sergii Sonko ◽  
Petro Tsaryk

In the context of the reform of the sale of agricultural land, the priority is to optimize land use, which is to find a balance of land that would meet their environmental, economic and social compliance with the functions of the agricultural sector. Two main approaches to the optimization process are considered. The first is by intensifying agriculture with significant energy costs, land depletion and the inevitable increase in environmental pressures. And the second is the gradual formation of a balanced agrosphere with alternative agriculture and environmentally friendly livestock. The structure of land plots in terms of regions of Ukraine, which in the conditions of the land market does not promote balanced land use, is analyzed. Acquired arable land will not be transferred to other categories of land at auctions, even if it is significantly degraded. When forming the pricing policy in the land sector, it is important to compare the value of arable land in Ukraine and European countries. This comparative analysis shows the underestimated value of arable land in Ukraine (the lowest figure in Europe is less than 1 thousand euros / ha) at the initial stage of sale. It is estimated that the six-year lease of arable land at this stage of land reform is more appropriate than their sale. The fact of plowing part of pastures under these conditions and increasing the share of arable land in river valleys, drained lands, etc. is alarming. According to the results of the calculations, Table 1 shows the value of arable land, pastures, hayfields by administrative regions. The comparative characteristic of agricultural lands on the available highly productive lands is carried out. The highest share of such lands in Ternopil, Poltava and Cherkasy oblasts was found out, which provides for their highest valuation. The created map diagram of the general cost assessment of agricultural lands demonstrates their land resource potential and reflects the spatial differentiation of this indicator by typological groups of regions. The authors analyzed the optimization model of land use in Ukraine, developed by a group of leading domestic scientists under the project "Sustainable Development Programs", and proposed to consider the category of productive lands as basic arable lands, the share of which in Ukraine is 44.8% of arable land. The directions of reforming land relations in Ukraine taking into account historical traditions and granting the highest status of the basic land user - the rural community are offered. At the same time to make calculations, based on the results of which to identify production types (specialization) of farms, which will be the most objective, as it takes into account local natural and economic conditions; - on the basis of specialization of peasant farms, study of types of land use in enterprises of various forms of ownership and data on natural land fertility to perform agricultural zoning of the territory; - in each allocated agricultural area, the whole array of land in use, divided into at least 3 groups: 1) lands of peasant farms, which over time should be granted the right of life ownership with the possibility of inheritance and on which the state should support non-profit, subsistence farming; 2) lands withdrawn from agricultural circulation due to the destruction of their natural fertility and those to be transferred to the nature reserve fund, and, over time, included in the national ecological network; 3) lands that have not yet lost their natural fertility and those that are in the use of agricultural enterprises of various forms of ownership. Key words: land optimization, monetary valuation of agricultural lands, land resource potential, spatial differentiation of lands, land relations.


2020 ◽  
pp. 93-100
Author(s):  
Roman Voloshyn ◽  
Andriy Vitrovyi ◽  
Vasyl Melnychenko

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.


2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Danylenko Bohdan ◽  

Since 2001, the time when Land code of Ukraine was adopted and the campaign of land privatization was held, the restriction for sale of agricultural lands is in force. In 2019 new Ukrainian government announced the end of restriction and the opening of land market in 2020. The author examines the present state of land relations in Ukraine to make the conclusion whether Ukraine is ready for land market. Ukraine has one of the best agricultural lands in the world. They occupy 70 % of the territory of the country. The percentage of arable lands is the highest in the world – more than 50 %. Land reform in Ukraine was started in 1991 and is still not finished. As a result of reform peasants became owners of most of agricultural lands. So land market is a crucial theme for the country. Despite of the fact, that citizens are owners of land parcels, most of them are removed from agriculture. Tenants are those, who really have the profit. Big profit. Owners get low rent and know nothing about the real cost of their own land, the crops, that raise constantly and the money they bring. A big part of tenants are foreign companies. Such foreign investments, unfortunately, bring nothing for the economy of Ukraine. The government does not protect national agriculture. In opposite, it ruines it. Before privatization the owners of agricultural land were was companies based on cooperation. Due to administrative pressure they were destroyed by privatization of land. New owners instantly became the victims of tenants. Now the reform of self government is held in Ukraine. It provides the amalgamation of villages and transmission of powers from the state to local authorities. This will result in loss of land resources by local people. The climate change is crucial theme for agriculture. Population on the planet grows but agricultural lands constantly disappear. In this context Ukrainian lands have strategic value in global scale. It may seem incredibly, but issues of climate change and land market are never examined together in Ukraine. But they are examined in such way by countries, that have not enough land resources but enough money to buy them. This brings us to the other important issue – the food security. Even now 90 % of crop is exported abroad. Internal market is not provided sufficiently by domestic agriculture. Ukraine is number one in the world in production of sunflower-seed oil, but we still have to import it! What does it mean? It means that crops are controlled only by private persons in private interests. Public interests are not provided. The perspective of acquisition of land by foreign countries in such situation is threatening for the country. The rule of law in Ukraine is not working. The court system is weak, corrupted and politically influenced. The right of property has not enough respect in society. Business works illegally. The latter is used by the organized crime, especially in agricultural business. The organized crime in this sphere is stronger than ever. As a result of conducted research, the author makes conclusion, that Ukraine presently is not ready for land market. Keywords: land, climate, market, investments, corruption, food security


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