scholarly journals CURRENT PROBLEMS OF AGRICULTURAL LAND RENTAL

2021 ◽  
Vol 05 (03) ◽  
pp. 76
Author(s):  
Olga Kokhan Olga Kokhan

The article highlights one of the current problems in land relations. With the opening of the land market, this problem has become even more relevant, as the owner of the land today in the person of the landlord - is a subject not protected by the state. Some of the most important aspects of the landlord-tenant relationship will be covered in the next article. Keywords: standard contract, lease agreement, landlord, tenant, rights of the landlord, obligations of the tenant.

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.


Author(s):  
Irina Godniuk ◽  
Ljudmyla Kushnir

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.


Author(s):  
Ivan Mytsenko ◽  
◽  
Tetyana Reshytko ◽  

Theoretical and practical approaches to the formation of land market in Ukraine are considered in the article. The views of scientists and practitioners on the problem of creating land market are summarized. It has been proven that land market is vital for agriculture and rural residents. It allows using land as collateral for agricultural enterprises. It is a source of income for farmers and allows land to move to a more efficient owner. It is investigated that during the transformations in the agricultural sector of Ukraine, the state monopoly on land was abolished, agricultural enterprises were privatized, new market structures were created, that is preconditions were created for the introduction of market land turnover and formation of the secondary market of agricultural land. Today it is obvious that further regulation of land relations is needed to ensure effective development of newly created economic agricultural formations. The lack of a real market for agricultural land hinders their efficient distribution and restrains long-term investment in land and agriculture in general. The history of reforming land relations of foreign countries is analyzed and systematized. Peculiarities of land markets formation and organization of lease land relations in the countries of the world are shown. It is studied that the state regulation of the agricultural land market of the EU member states is aimed at preserving land, preventing excessive concentration or fragmentation of land, sale of land primarily to farmers who have experience in agricultural production and live in the area. The issue of the land market is especially acute for countries with economies in transition, including Ukraine. Of particular note is the lease of agricultural land, which is the main form of land relations in many countries. The need to apply positive foreign experience in creating a market for agricultural land in Ukraine is indicated.


Author(s):  
A. Karpenko

The article assesses the current state of the land fund of Ukraine in the light of the transformation processes of ownership. It is determined that after the reforms carried out, along with changes in the forms of land tenure, the forms of management have changed. Attention is drawn to the fact that the forms of management of the individual type, popular in Europe, are gaining momentum in Ukraine, which is manifested in the gradual growth of the area of ​​farms. It is noted that a significant proportion of private land holdings speaks of a sufficiently formed proposal in a potential land market, with regard to which perspectives in the Ukrainian society are being actively debated. The general results of sociological research conducted by a number of scientists in different regions of Ukraine are outlined, and the results of which determine the position of the population regarding the sale of agricultural land. Analyzing statistical data, and assessing scientific developments in the field of land sales, summarized key theses of the global trends in institutional conditions for the functioning of the land market in the leading EU countries. The key features of land resources and their market circulation are outlined. The specificity of the land is determined by the fact that it is immovable, therefore, unlike other resources that can be moved, only the rights to continuity of its use are sold on the land market. The emphasis is placed on the fact that the commodity in such a market is the right to land, which ensures comprehensive and predictable access to opportunities for profit from its exploitation, as well as obligations related to land and its exploitation, in accordance with the objectives of sustainable development. The article describes the price situation on the land market in the EU countries and states that an efficient land market can improve the productivity of the country's economy and increase its recovery, since it will allow landowners to turn their assets into capital that can be used for other purposes and the money received by farmers through the mortgage system, can be used to finance the development of production activities. Conceptual basis for the introduction of the market of agricultural land. land protection of interests of land plot owners; creation of a strong economically active middle class in rural areas; improvement of leasehold land relations; provision of sustainable land use; increase of employment of rural population; prevention of depreciation of agricultural land; introduction of mechanisms for preventing speculation in agricultural land and monopolizing it; increasing capitalization and liquidity of land as an economic asset. In our opinion, the fundamental positions of an efficient agricultural land market are: establishing a private ownership limit in one hand up to 200 hectares; in cultivation for farms – up to 1000 hectares; fixing of the minimum term of lease (already settled up to 7 years); development of a mechanism for preventing speculation and monopolization in the land market by establishing a land sales tax for the first 5 years (at the rate of 100% of the selling price); introduction of antitrust sanctions, by limiting the maximum area of ​​land use by one enterprise – no more than 30% of the area of ​​one OTG; consolidation of land for the establishment of a minimum land parcel that is not subject to parceling; prevention of depreciation of agricultural land through the introduction of a minimum price level; the development of mechanisms for mortgage lending to farmers for the purpose of land acquisition and financing for the development of production. Subjective composition of the land market, to include: citizens of Ukraine; family farms, established by citizens of Ukraine; 3) territorial communities; 4) the state in the person of the special regulatory institute. The main expected results from the introduction of regulated market turnover of agricultural land are: ensuring the constitutional rights of citizens to land and disposing of them; avoidance of depreciation of land; introduction of preventive mechanisms for market circulation of land; increasing the role of the state in the initial stage of the introduction of theland market in terms of its regulation. Key words: land relations, land market, mortgage lending, agriculture.


Author(s):  
Olena Garazha

The article is devoted to the institutional basis of land relations regulation in the context of authority decentralization. The purpose of the article is development and substantiation of the institutional component of theoretical-methodological and scientific-practical bases of land relations regulation in the conditions of authority decentralization. The object of research was the legal processes of land relations regulation in the conditions of land market opening and increasing the role of territorial communities in land resources management. The importance of the regulatory base development for ensuring the functioning of the agricultural land market, which allows owners to alienate land shares (units) through electronic auctions, has been substantiated. The basic requirements for participants in land auctions for the land sale in the electronic trading system of state property in real time and the Internet have been considered in the article. The area and prices of sold land plots in distribution of agricultural land 12 July 2021 have been analyzed. The features of creation the complex plans of territory development of the united territorial community have been studied. The influence of the State Agrarian Register on the state aid receiving to agricultural producers has been considered. It has substantiated that one of the main tasks for today is to develop the mechanism for regulating the behavior of landowners, land users, government agencies, stakeholders and local governments; relations with the state and society on the involvement of land in a particular type of economic activity; acquisition of their status, capacity and profitability according to legal, economic and environmental norms on the basis of supply and demand in the land market. Thus, today completion of the administrative-territorial reform, the end result of which was the consolidation of administrative-territorial units at the initial levels of the hierarchical structure of the territorial division of the country, there was a transfer of authority to manage land resources to territorial communities. One of the key areas to regulation of land relations should be: an adoption of a number of new bills, which regulate the main issues of land relations in the context of authority decentralization; as well as further creation of the Agricultural Credit Guarantee Fund and development of the procedure for ensuring the right of employees of state agricultural enterprises, institutions, organizations to receive a land share (units).


Author(s):  
J. Рrisyajna

The article considers the economic principles of formation and features of the land market. The economic and social problems of market land relations formation in Ukraine are analyzed. The main aspects of the formation of the infrastructure of the agricultural land market are highlighted. Emphasis is placed on the development of the shadow land market, which has created new problems and contradictions in the formation of the official land market in Ukraine and has led to growing threats to economic security.


2021 ◽  
pp. 74-80
Author(s):  
Tetiana Ivaniuk

Purpose. The aim of the article is determining the conditions of rational use of agricultural land conditions and substantiation of measures to optimize the distribution and rational use of agricultural land. Methodology of research. General scientific and special methods are used to achieve this goal: the dialectical method of scientific knowledge – to consider the essence of the rational use of land and its protection; synthesis – to clarify the relationship between the subjects of land relations; analysis – to assess the constituent elements of agricultural land; graphic – for visual display of the obtained results; abstract and logical method – for the formation of conclusions and research proposals. Findings. The state and rational use of land in the region and the state are studied. The structure of agricultural lands in Ivano-Frankivsk region and Ukraine is analysed. The main ecological and economic aspects of land tenure and land use in agriculture are described, including changes in land relations. The main reasons that caused the negative trends of rational use and protection of land in agriculture are identified. Measures have been developed for the rational use of land in the economic activity of land and its protection. Originality. Approaches to the interpretation of the concept of “rational use of land” are systematized and generalized. Measures on rational use of agricultural lands in economic activity are offered, namely: creation and realization of innovative scientific and technical programs in the field of rational use of lands and their protection; improving the regulatory framework in the field of land relations; development of a mechanism for financing programs; introduction of environmentally friendly ways of agricultural production, etc. Practical value. The expediency of studying and forming the conditions of rational use of agricultural lands is proved. The results of the study can be used by agricultural enterprises in conducting business activities. Key words: agricultural lands, rational use of lands, land protection, land tenure, land use, land fund, agricultural enterprises.


2021 ◽  
Vol 6 (1) ◽  
pp. 84-89
Author(s):  
L’ubov Kuzmenko

The land market in Ukraine is currently being formed. Therefore, it is now especially important to master the experience of using the mechanisms of regulation of this important market, which have undergone a long and successful testing in foreign countries. The article reveals the main directions of international experience in regulating the market of agricultural land.To ensure the optimal distribution of land among users and for the efficient functioning of the land market in most countries of the world, land policy is structured in such a way that agricultural land is cultivated by those who are able to ensure its most productive use. The article analyzes the possibility of applying this experience in Ukraine on the basis of generalization of modern foreign practice. The agricultural land, in contrast to the land for industry, transport and other industries, is the main means of production. The article notes that the current model of state regulation of the land market can lead to the monopolization of such markets and the acquisition of agricultural land by large corporations. There are considered the opinions of various authors on this issue, and has defined the need to form the main aspects necessary for the efficient use of land resources.The example of individual countries shows that the lack of active state intervention in market turnover has led to the monopolization of agricultural land by large corporations. It is concluded that at the present stage of implementation of the policy that ensures the efficiency of land use in agriculture, the state should strengthen the functions of regulating land use processes. There were some specific proposals for improving the system of regulation of land relations in agriculture, which should play a progressive role in the further development of the state. JEL classіfіcatіon: H3, H2


2021 ◽  
Vol 11 (3) ◽  
pp. 37-45
Author(s):  
O.V. Kireitseva ◽  
◽  
O.V. Zhylin ◽  

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.


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