scholarly journals Regulatory and legal support of land reform in Ukraine

2021 ◽  
pp. 24-34
Author(s):  
А. Zaika

The process of formation of the normative and legal support of land-agrarian reform in Ukraine in historical retrospect is covered. It is established that the cause of the main problems in the reform implementation is the presence of Soviet vestiges in the legislation and politics of Ukraine. It was looked into the state of lack of full institutionalization of constitutional land norms and the existence of a long-term moratorium on the sale of agricultural land, which negatively affected economic growth, investment, technology and production, the environment and living standards in rural areas, as well as their role in thriving corruption and shadow economy in the state. A qualitatively new stage of regulatory and legal regulation of the agricultural land market, which began in 2020 with the adoption of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine on the Circulation of Agricultural Land» and related regulations, is analyzed. Conclusions are made on the need and motivation for further development of legislation in the field of regulation of the market land and public relations. The necessary directions for further reform and expansion of the regulatory framework are outlined.

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Deineha Maryna ◽  

The article is devoted to the analysis of the current state of the legislation of Ukraine in the field of hydraulic reclamation of lands, as well as to highlight the prospects for the development of legal support of the outlined sphere of public relations. It is established that hydraulic reclamation of lands contributes to increasing soil fertility, increasing productivity and sustainability of agriculture, creating a guaranteed food fund of the state. However, in recent years, the effectiveness of hydraulic land reclamation is declining, due to a number of reasons of objective and subjective nature: insufficient logistics and shortcomings in the operation of hydraulic structures, deterioration of ecological and reclamation of agricultural land, lack of interest and responsibility land users. These factors include incomplete use of scientific developments, insufficient information support, imperfect and outdated legal framework. Given the great importance of hydraulic land reclamation for the development of agriculture in the country, these relations require proper legal regulation. It is concluded that the problems of combating desertification, resource and food security of the state in years with adverse weather conditions, water supply of agriculture cannot be solved only by organizing land reclamation, because this problem is complex. In order to achieve the goals of the Irrigation and Drainage Strategy in Ukraine for the period up to 2030, it is necessary to ensure effective interaction of legal, organizational, economic and financial mechanisms of irrigation and drainage restoration in Ukraine within the framework of the identified priority areas. Keywords: land reclamation, hydraulic land reclamation, land irrigation, land drainage, agricultural lands


Lex Russica ◽  
2021 ◽  
Vol 74 (2) ◽  
pp. 64-79
Author(s):  
R. V. Tkachenko

The paper is devoted to the examination of issues related to the increasing importance of budgetary regulation for the proper functioning of a modern innovative society. The key role of the budgetary regulation in the financial process of the State is particularly acute in the context of systemic crises that include socio-economic consequences caused by the spread of a new coronavirus infection (COVID-19) in Russia. In the course of the study, the features of changes in the state financial policy caused by the above-mentioned crisis phenomena are highlighted. The paper describes various approaches to the interpretation of the budgetary regulation as a category of financial law, explores various types and legal forms of methods of the budgetary regulation, analyses mechanisms and the impact of the State on the budget system through the existing legal structure of the budgetary regulation. It is determined that the rules of financial law governing the whole complex of public relations concerning the distribution and redistribution of the national product between the levels of the budget system of the Russian Federation constitute the institution of financial law, namely: the budgetary regulation. The author concludes that the approach based on the concentration of basic powers in the financial field at the federal level significantly slows down the dynamics of development of economic activity in the majority of regions of Russia, while the need for breakthrough innovative development of Russian society determinates the expansion of long-term tax sources of income for regional budgets. In this regard, it is proposed to consolidate additional regulation for revenues gained by regional and local budgets in the form of targeted deductions from federal taxes on a long-term basis.


Author(s):  
D. Kondratenko

Problem setting. The article analyzes the issue of legal relations in the field of land accounting. The legal nature of public relations in this area has been clarified. The accounting of the quantity and quality of land is investigated. The author’s definition of legal relations in the field of land accounting is provided. The circle of subjects of these legal relations is outlined. Analysis of recent researches and publications. To date, in the scientific literature there is no comprehensive study of the legal regulation of legal relations in the field of land accounting. There are only developments devoted to certain issues of land law science. Target of research. The study of the legal regulation of legal relations arising in the field of land accounting, the allocation of subjects of these legal relations. Article’s main body Justification of the appropriateness of obtaining, systematizing all the resources available on the land plot, determining the size, quality status and distribution of the land fund, providing the necessary data about the land, studying the legal relations arising on this occasion. The basis of the land registration and registration system in Ukraine is the State Land Cadastre. It reflects the subjective information on land, which accumulates as a result of land accounting. Such information is necessary primarily for the implementation of state control over the use, reproduction and protection of land. Only a legally regulated and wellmaintained process of conducting accounting and registration activities in the field of land relations can become the key to the introduction and functioning of a transparent mechanism for the circulation of land in market conditions and an effective mechanism for managing them. In this aspect, it is important to note that it is necessary to distinguish land accounting in the proper sense and land rights accounting (as a broader category compared to the first). In the context of the land registration reform and the further process of improving the State Land Cadastre, it is necessary to talk about the formation of land information relations. Conclusions and prospects for the development. Land accounting relationships are public relations that arise in connection with the activities of public authorities and local governments, which are endowed with appropriate powers to take measures to obtain, systematize and analyze information on the quantity, territorial location and use of land. The subjects of these legal relationships are landowners and land users, the state, state authorities and local selfgovernments, who are vested with the respective powers.


THE BULLETIN ◽  
2021 ◽  
Vol 389 (1) ◽  
pp. 208-218
Author(s):  
A. R. Soltangazinov

At the present stage in the domestic scientific environment, the problems of ensuring sustainable development of rural areas are insufficiently studied and require further study. The goal of sustainable development of rural areas is a balanced development of the economic, social and environmental spheres, aimed at ensuring a favorable life of the population. The article considers the economic aspects of the functioning of rural territories of Pavlodar region and provides a comprehensive assessment to solve the problems of socio-economic development of these territories in the current and long-term perspective. As a base of analysis and assessment used statistical data of the official website of the Committee on statistics of MNE of RK, and also empirical observation and informational resources of local Executive bodies region. Based on the results, which identified systemic problems of the rural economy that have a negative impact on the level and quality of life of the rural population. These include, first and foremost, the dominant raw material orientation of the rural economy, low labour productivity, due to the significant moral and physical deterioration of the production-technical base, including the excess of the lifespan of the majority of equipment, as well as the rate of fleet renewal machines relevant regulatory requirements, using a separate are subject obsolete resource-intensive technologies. It is shown positive dynamics of key indicators of agriculture, which developed in the first place, due to government regulation of agriculture and the creation of an enabling environment through the extension of the relevant package of measures of state support aimed at the development of this sector of the national economy. Recommendations aimed at activating the processes of rural economy diversification have been developed. Analysis of the state of domestic beekeeping shows that this market niche in the national economy is not sufficiently developed and this industry has a significant unrealized potential. Significant benefits of the development of the beekeeping industry are shown, which will have a positive impact on strengthening the export positions of non-resource orientation, increasing employment of the rural population, crop yields, solving the problems of degraded agricultural land, etc. The economic feasibility and effectiveness of investment projects in the field of beekeeping development, which simultaneously provide a significant social effect, are justified. For the transition of rural territories to a qualitatively new level of development, based on the conclusions made about the priorities of rural development, the authors justify strategic prospects for further development using the internal mechanism of their functioning, reserves of economic growth and taking into account the specifics and features of administrative-territorial units.


Rural History ◽  
2020 ◽  
Vol 31 (1) ◽  
pp. 97-110
Author(s):  
Marta Błąd

AbstractWhen Poland was re-established as an independent state one hundred years ago, one of its political priorities was to implement a land reform, as the ‘agrarian question’ was an extremely sensitive socio-economic problem. In Poland at that time, two thirds of its inhabitants made their living by working in the agricultural sector. A ‘land craving’ phenomenon was notorious, as was rural poverty, especially among smallholders. On the other hand, almost half of the total area of farmland in the Second Polish Republic was held by huge landowners. The situation led to ever louder political calls for land redistribution to peasant smallholders. The Land Reform Implementation Act of 1920, and its amendment of 1925, laid legal foundations for land redistribution. By the Second World War, 2,654,800 hectares of land had undergone redistribution, as a result of which 734,100 new farms were established. However, this land reform did not achieve its goal, namely the empowering of efficient smaller farms, as quantitative analysis showed a continuing process of agricultural land fragmentation.


2012 ◽  
Vol 49 (No. 5) ◽  
pp. 213-216
Author(s):  
A. Bandlerová ◽  
E. Marišová

A vast majority of agricultural land is leased, only a few owners manage their own land. The market with agricultural land falls behind and, together with land lease, it depends on the prosperity of Slovak agriculture. In comparison with the EU countries, the prices of land and land lease in Slovakia are disproportionately low. At present, the Slovak legislation is focused on legal regulation of long-term, i.e. lasting more than ten years, leasing. However, this raises a question whether we should not rather concentrate on the support of the developing market with agricultural land instead.


Author(s):  
Dmitriy I. Frolov

The purpose of this work is to give a brief analysis of the legal status of spiritual Christians Molokans in the Russian Empire, following the dynamics of state legal regulation. The problem of the individual sectarian groups status remains little studied in both domestic and foreign literature, which determines its relevance. We use the following research methods: chronological, problem and analytical. We analyze the norms of administrative and criminal law in force in the 19th - early 20th centuries in the Russian Empire, which regulate the rights and obligations of subjects assigned to the Molokan sect. The analysis showed that the legal impact of the state on the Molokans was repressive and causal throughout most of the studied period. Only the reign of Alexander I was marked by a loyal attitude towards sectarians. After the revolutionary events of 1905, a number of civil and religious freedoms were granted to the Molokans, however, one cannot speak of the religious equality of all subjects during this period. After 1905, specialized acts were passed regulating the procedure for registering communities, holding conventions, organizing religious education, and other areas of public relations.


2020 ◽  
Vol 11 (4) ◽  
pp. 1175
Author(s):  
Ivan O. KOSTYASHKIN ◽  
Nadiia I. CHUDYK-BILOUSOVA ◽  
Liudmyla S. TARANENKO ◽  
Alla V. ANDRUSHKO ◽  
Natalia M. LOGINOVA

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.


2018 ◽  
pp. 20-29
Author(s):  
Volodymyr Pashynskyi

The article deals with modern scientific approaches to the definition and understanding of the structure of administrative-legal support for state defense. The elements of the structure of the administrative-legal support of the state defense are explored. Under the administrative-legal support of the state should be understood as regulated by administrative-legal norms, the systemic activity of the subjects of defense, in the first place, the activities of the subjects of public administration, with regard to the administrative- legal regulation, implementation, protection of social relations in the sphere of defense, guaranteeing the rights and legitimate interests of all subjects of legal relations, aimed at creating the necessary conditions for the defense of the state in the event of armed aggression. At the same time, the structure of the administrative-legal support for the defense of the state will consist of the following elements: 1) the object of administrative-legal support of the state defense – social relations in the field of defense that penetrate practically all spheres of public life; 2) subjects of administrative-legal support for state defense – subjects of administrative legal relations are endowed with rights and duties in the field of defense; 3) norms of law (norms of administrative law) – administrative-legal norms which regulate public relations in the field of state defense; 4) administrative-legal relations in the field of state defense – legal relationships settled by administrative and legal regulations that arise, develop, and cease between the subjects of defense in the process of exercising powers in the field of state defense; 5) guarantees of administrative-legal support of state defense – conditions, means, methods, forms and methods by which the implementation of public relations in the field of state defense is provided. The administrative-legal support of the state defense will be carried out by authorized security entity within the limits of authority and administrative and legal means determined by the norms of administrative law.


2018 ◽  
Vol 2 (4) ◽  
pp. 60-67
Author(s):  
M. Drachuk

The subject of the paper is state ideology is an element of labor market.The main aim of the paper is to confirm or disprove the hypothesis that main tasks of state ideology as a key element of labor market are positive motivation to systematic long-term employment, as well as social responsibility of business by strengthening the information function of labor legislation.The methodology of the study includes general scientific methods (analysis, synthesis, comparative method, description) as well as particular academic methods (formal-legal method, interpretation of legal acts).The main results and scope of their application. The modern labor market should be defined as the vacancy market. At the same time, neither the concept of a vacancy nor its characteristics are established by legislation. The state ideology plays an important role among other information flows in the system of mandatory structural elements of the labor market. The state ideology accompanies the socio-economic development of society. The formation of labor motivation holds the dominant position in the organization of the labor market. State policy in relations on the organization of the labor market is a set of management decisions of the authorities, which form the state ideology among other things. The state, when realize its interests in the sphere of labor legislation, should actively use the so-called advisory type of legal regulation of labor relations. The proposed analysis may become a crucial point for future legal research in the field of labor market.Conclusions. Positive motivation to systematic long-term employment, as well as social responsibility of business are the main tasks of state ideology as a key element of labor market. The formation and consolidation of such ideology will make it possible to apply the provisions of labor legislation more accurately in accordance with its meaning and purpose.


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