scholarly journals Legislative Support for Expanding The Land Powers of Local Self-Government Bodies in Ukraine

2021 ◽  
Vol 9 (4) ◽  
pp. 55-63
Author(s):  
Oleksii Yu. Piddubnyi ◽  
Liudmyla D. Rudenko ◽  
Liusia V. Hbur ◽  
Valentyna V. Nezhevelo ◽  
Viktoriia P. Oleksiuk

The relevance of this study is conditioned by the implementation of the reform in the context of the decentralisation of power in Ukraine, the aspirations of Ukraine for European integration and the movement for the creation of a "Europe of Regions". The purpose of the study is to comprehensively investigate the legislative support for expanding the land powers of local self-government bodies in Ukraine in the context of the movement for the creation of a "Europe of Regions" based on the analysis of scientific opinions, generalisation of the provisions of Ukrainian legislation and positive experience of other countries. Universal methods were used in the study: dialectical, empirical, and logical. The general scientific methods of cognition used in this study include analysis and synthesis, generalisation, modelling, etc. In addition, the study applied the following special legal methods: conceptual legal, comparative legal, formal legal, etc. The leading method in the study was the comparative legal method. It helped compare the specific features of the practice of other countries in the field of legislative support for the expansion of land powers of local self-government bodies, as well as identify how this issue is regulated in different countries of the continental model of the land management system. Information and knowledge from different countries can be used as a basis for the adoption, adaptation, and development of new relevant provisions in Ukraine. Based on the legislation on local self-government and land legislation, the study analysed the main powers of local self-government bodies in the management of land relations. The experience of the land management system in developed countries is studied considering the movement for the creation of a "Europe of Regions", focusing the research on the continental model of the land management system.

2021 ◽  
pp. 529-535
Author(s):  
E.V. Kovalyova ◽  
I.Yu. Vagurin ◽  
O.S. Kuzmina

At present, the unauthorized occupation of land plots without a building permit, unauthorized seizure or non-compliance with the parameters of the permitted use of land in a number of regions of the country has the most significant problems in the land management system. The research presented in the article clearly shows the types of violations in the field of land legislation in the field of registered cases of unauthorized objects on the example of municipalities of the Krasnodar Territory. The ways of solving the problem of preventing and suppressing the facts of unauthorized construction are proposed.


2020 ◽  
Vol 12 (19) ◽  
pp. 8137
Author(s):  
HaeOk Choi ◽  
KwangHo Lee

This study presents methods for finding and utilizing demand-oriented data to meet public demands for creating sustainable and inclusive regulation policies. It attempted to analyze these methods scientifically, by collecting information on public demands. The results confirmed that there is a demand for policy that utilizes consensus in the regulation standards of newly emerging services. They also indicated that the legal system should be in alignment with the priorities associated with the setting of standards for regulation-related policies. Additionally, a group network analysis revealed that standards were linked to area management, confirming that area management should also be considered when resolving regulatory issues related to new industries and services. Finally, the results suggested that a land management system for regulatory policy is needed to allow for the autonomous formulation of regulatory policies through the small-scale management of land. The present study can be used to better comprehend civil complaint data and as a reliable reference in the policymaking process, ensuring more sustainable and adaptive regulations.


1986 ◽  
Vol 112 (1) ◽  
pp. 36-48
Author(s):  
E. M. Hiramoto ◽  
T. Bjorn ◽  
L. C. Glahn

2021 ◽  
Author(s):  
◽  
Jim David Ennion

<p>Swiddening is a traditional and widespread agricultural system in mountainous regions of Southeast Asia. It is prevalent in Myanmar’s hilly border region. However, economic, political, demographic, social and technological drivers in this region are causing this form of land use to undergo significant transition. This transition is affecting the customary land use rights of swidden farmers.  Throughout Myanmar’s tumultuous history, customary land management systems and the state land management system have been poorly integrated. This has led to customary land use rights receiving little formal recognition and left customary right-holders vulnerable to exploitation.  Recent political and economic developments within Myanmar have prompted changes to the state land management system. The Myanmar government introduced the Farmland Law 2012 and the Vacant Fallow and Virgin Lands Management Law 2012 which significantly altered how agricultural land is managed. However, these laws also contain minimal interaction with customary land management systems. In relation to swidden cultivation, the legislation is unclear how land under customary tenure is identified, how communally-held land is recognised and what swidden practices are legally permitted.  The draft National Land Use Policy released in late 2014 reveals progress in addressing these issues. However, greater clarity is needed with regard to how the policy is implemented. Many lessons may also be derived from the experiences of surrounding Southeast Asian countries, such as the Philippines and Cambodia, in the way customary land use rights are incorporated into state legislation.  The goal of this thesis is to propose how customary land management systems may be integrated into the state land management system in order for customary land use rights over swidden land to be recognised as comprehensively as possible by the state. The legislative framework should also allow sufficient flexibility for local farmers to adapt to changing circumstances. The identification of swidden land will be considered in the context of producing maps of customary land use, the management of swidden land under collective land-holding structures will be discussed with regard to pressures to individualise land-holding and the use of swidden cultivation practices will be considered in light of proposed development projects.  The current political and economic climate in Myanmar indicates some willingness to acknowledge and address these issues. There is hope that customary land management systems and the state land management system will begin to complement, instead of conflict with, each other in order to enable swidden farmers to access their customarily held land into the future.</p>


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