scholarly journals Completion of Land Reform in Ukraine: Legal Issues

2020 ◽  
pp. 232-241
Author(s):  
Kulynych Pavlo
Keyword(s):  
Land Reform ◽  
Agricultural Land ◽  
Legal Protection ◽  
Legal Regulation ◽  
Land Market ◽  
Legal Environment ◽  
Negative Consequences ◽  
Reform Legislation ◽  
Land Owners ◽  
Land Relations

The article examines the purpose and criteria for completing land reform in Ukraine. Land reform in Ukraine as a system of land reform legislation in the country, along with positive results, led to the onset of a number of negative consequences, in particular, the excessive bureaucratization of land relations, land corruption, agroholdings agriculture, degradation of agricultural land. Therefore, without addressing the negative consequences of the land reform they will be after the cancellation of the land moratorium and the negative impact on the legal regulation of the land market. Therefore, the introduction of market circulation of agricultural land cannot be considered a criterion of completion of land reform in Ukraine. In fact, besides the cancellation of the land moratorium, which blocks the implementation of the land owners of such proprietary rights as the disposing of it to ensure the full potential of the right of private ownership of land should be improved and legal environment in which there will be implementation of the owners of his powers. To do this, it seems appropriate to continue to reform the land legislation, which would ensure the elimination of such disadvantages by overcoming derzhkomzviazku in the development of land legislation, deregulation of the legal regulation of land relations, the decentralization of power in the field of land resources management and strengthen the legal protection of soil fertility. The results of this land reform legislation needs to be fixed for the new codification. So domestic experience in the implementation of land reform and the General framework of land reform legislation give rise to the conclusion that its purpose and, therefore, the criterion to end is not only the introduction of agricultural land market and creation of favorable for both land owners and society legal environment of implementing powers in respect of possession, use and disposal of land. In our opinion, this understanding of the completion of the land reform in Ukraine and will symbolize the completion of the transition from administrative-planned methods of regulation of land relations on the principle of ”top – down”, which is dominated by the powers of bodies of state power, inherent in the constitutional state system of legal regulation of land relations, which is based on the priority of the rights and legitimate interests of individuals, the territorial communities and society, which must provide the state.

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 THE MARKET TURNOVER OF LAND: PROBLEMS AND SOLUTIONS

2021 ◽  
Author(s):  
Irina Godniuk ◽  
Ljudmyla Kushnir
Keyword(s):  
Land Reform ◽  
Agricultural Land ◽  
The State ◽  
Educational Process ◽  
Practical Significance ◽  
Land Market ◽  
Market Regulation ◽  
Problems And Solutions ◽  
Land Relations ◽  
Economic Trends

The purpose of the article is to substantiate the need for comprehensive legislative, organizational and financial support of the market circulation of agricultural lands, as an important factor in the competitive development of the agricultural complex of Ukraine. Research methodology. In the process of research were used: general and special methods of scientific knowledge - in the system of land relations; logical method - to determine socio-economic trends; systematic approach, observation, specification, analogy - to determine the procedure for assessing and market value of land resources and areas for improvement of land legislation. Results of the research. It is proved that the development of land reform would not lead to the land market and attract investment in the country's economy. The buyers of the land would actually be the tenant farmers, who will never give the highest price. The necessity of revision of methods for determining estimates of normative value of land is substantiated, development of the legislative basis for the control over the vicarious lands. In the process, it has been established that the main buyer of the land is a power as the most powerful owner and manager. The country will try to force the state policy and legislate the base can easily be done with a land asset that will trim the majestic incomes to the budget, and by themselves, will save the skin of the bulk of Ukraine. For all, only the will of the people and the bazhanya of pratsyuvati to the land are needed. For the sake of the transfer of the State Land Bank, the regulation of land management in Ukraine, the development of the national infrastructure of geospatial data, and the unified methodology of the normative penny assessment of lands were transferred. Elements of scientific novelty. A systematic substantiation of the ways of further development of land reform in Ukraine has been obtained. Practical significance. The results of the study can be used in the development of legislation on the land market, regulation of market turnover of agricultural land, deepening research, use in the educational process and in the practice of government agencies and agricultural enterprises.

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 PROSPECTS FOR THE DEVELOPMENT OF SMALL AGRICULTURAL ENTERPRISES OF THE REGION IN THE CONTEXT OF LAND MARKET FORMATION

2021 ◽  
pp. 80-86
Author(s):  
Dmytro Nemish ◽  
Mariana Humeniuk ◽  
Ivan Balaniuk ◽  
Diana Shelenko
Keyword(s):  
Land Reform ◽  
Structural Changes ◽  
Agricultural Sector ◽  
Agricultural Land ◽  
Land Market ◽  
Agricultural Enterprises ◽  
Reform Implementation ◽  
Market Formation ◽  
Land Relations ◽  
Logical Method

Purpose. The purpose of the article is to reveal the prospects for the development of small agricultural enterprises in view of the transformation processes taking place in the context of land market formation. Methodology of research. Theoretical and methodological basis of the study were legislative and other regulations, scientific works of domestic and foreign scientists on issues related to the functioning of the land market and the development of small enterprises in the agricultural sector. The following general scientific and special methods were used to achieve this goal: abstract and logical method in the formation of theoretical generalizations, assumptions, conclusions; analysis and synthesis in assessing the development of small agricultural entrepreneurship and the functioning of the land market; comparative analysis to compare economic indicators in time and space; graphic method with a visual reflection of the dynamics and structural changes in the distribution of land by ownership. Findings. The research is devoted to a topical issue concerning the prospects for the development of small agricultural enterprises in the context of land market formation. The article pays special attention to aspects of land reform implementation The social and economic preconditions of transformation of the structure of the land fund by forms of ownership are considered. The main restraining factors of agricultural land market development are highlighted. Measures of state support of small agricultural enterprises in the process of land purchase are revealed. The level of efficiency of the land market since its launch is shown. The main positive aspects and problems related to the formation of the land market are presented. The foreign experience of the influence of the land market functioning on the development of small agricultural enterprises is studied. Originality. The substantiation of the dependence of the development of small agrarian entrepreneurship on the level of development of the land market is deepened. Practical value. The implementation of the developed proposals will allow to intensify the development of small agricultural enterprises in the conditions of the land market functioning. It is established that with the support of the state, small agricultural enterprises will receive obvious advantages of development. Key words: small agrarian enterprise, land market, land, land relations, region, land reform.

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.

scholarly journals SPECIFIC FEATURES OF REGULATING AGRICULTURAL LAND MARKET

2019 ◽  
pp. 51-62
Author(s):  
L.V. Moldavan
Keyword(s):  
Rural Areas ◽  
Land Reform ◽  
Agricultural Land ◽  
Land Market ◽  
Past Century ◽  
Rural Settlements ◽  
Land Reforms ◽  
Foreign Companies ◽  
Land Relations ◽  
Market Management

Based on the analysis of land reforms that have taken place in world practice over the past century, the author proves that the market turnover of agricultural land is formed under the influence of two determined factors. On the one hand, it is the specific features of agricultural land, which is an indispensable strategic resource for food producers, is limited in space, irreproducible and cannot be a product in its classical meaning. On the other hand, land is the basis of agricultural production. However, agriculture performs not only an economic function, but also a social (national food independence, rural employment, population of rural settlements, and arrangement of rural areas) and environmental functions (protecting soils from pollution and degradation, supporting local agrolandscapes, etc.). In this context, the need for specific approaches to the market distribution of agricultural land is justified. Author analyzes foreign practice of the legislative regulation of agricultural land turnover with due regard to their economic and socio-ecological orientation. Also revealed are the consequences of the incompleteness of land reform in Ukraine, which are caused by the lack of definition of the requirements for land users, restrictions on land use, access to agricultural land for foreign companies, land market management and other aspects of land relations, and ways are proposed to address them.

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 ECOLOGICAL ASPECTS OF LAND MARKET FUNCTIONING

2019 ◽  
pp. 203-213
Author(s):  
Oleksii Alieksieiev
Keyword(s):  
Land Use ◽  
Social Life ◽  
Agricultural Land ◽  
Land Market ◽  
Land Resource ◽  
Foreign Direct Investments ◽  
Negative Consequences ◽  
Land Use Efficiency ◽  
Land Relations ◽  
Stimulation System

Land as a component of the country's natural resource potential is a unique object. The interests of all members of society are referred to it because land is a universal factor in social life. Analyzing the development of the agrarian sector of Ukraine, it should be noted that in recent years it has been characterized by increased use of available agricultural land, land degradation, and their complete loss. This is further evidence that the study and analysis of the environmental aspects of the functioning of the land market in Ukraine, and, at the same time, the issues of agricultural land use efficiency are of particular relevance today. Sustainable development of the land-resource sphere depends on a large extent of the processes that take place in the system of property relations. Therefore, the research of formation and implementation of mechanisms of development of land relations is of particular relevance. The necessity of soil fertility preservation programs development is foreseen on the basis of the conducted researches. This program will include removal degraded and unproductive lands from intensive cultivation, reduction of plowed land and introduction of economic stimulation system of rational use and protection of land. It is proposed to improve the current situation through the mechanism of public-private partnership. The article describes the main measures and methods of ecological and economic mechanism for encouraging land users. The key features of the new bill have been identified. The current state and efficiency of land use and the dynamics of capital and foreign direct investments in agriculture, forestry and fisheries are analyzed. The essence of ecological paradigm is considered as a guideline of ecological policy of the short-term perspective. The negative consequences of disturbance of the ratio between agricultural lands are outlined. Environmental factors of influence on the development of the agricultural land market are given.

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.

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