scholarly journals The Essence and Methods of Resolving Land Disputes

2020 ◽  
pp. 257-273
Author(s):  
Nadiia CHUDYK-BILOUSOVA ◽  
Liudmyla TARANENKO
Keyword(s):  
Legal Status ◽  
Land Rights ◽  
Internally Displaced ◽  
Administrative Procedure ◽  
Land Dispute ◽  
Land Disputes ◽  
Land Relations ◽  
Legitimate Interests ◽  
The Right ◽  
Effective Use

It is proposed to consider land disputes as a special type of legal relationship, which is based on differences of subjects manifested in the emergence, implementation, change or termination of land rights, their protection in connection with the violation of rights and legitimate interests (or their recognition) of owners or users of land plots, including tenants and other subjects of land legal relations. It is established that the process of improving the existing mechanisms for resolving land disputes is ongoing, so it should take place through a system of legal, organizational and economic measures. Such measures must be taken by authorized subjects of land relations in the application of procedures for the protection of land rights and ensuring the effective use of land under the conditions specified by the legislation of Ukraine. Land disputes are defined as a conflict between the subjects of land relations, which need to be resolved in the manner prescribed by law. Its participants are the subjects of land relations: the state and its authorized bodies, individuals and legal entities, whose legal status is determined by the rules of land and civil law. The classification of land disputes by nature, depending on the grounds (methods) of occurrence, change or termination of the right to use the land plot, depending on the settlement mechanism, according to the level of dispute resolution is proposed. The expediency of improving the procedure for consideration and resolution of land disputes by strengthening the administrative procedure for resolving them is substantiated. Due to the effect of quarantine and deterioration of financial situation, the possibility of a person to go to court to resolve a land dispute is significantly limited. The expediency of developing methodological recommendations for united territorial communities on the mechanisms and procedure for resolving land disputes and methodological recommendations for internally displaced persons on the procedure for protection of land rights is proposed.

scholarly journals Penyelesaian Sengketa Tanah Kehutanan di Kantor Pertanahan Kabupaten Badung

2020 ◽  
Vol 1 (2) ◽  
pp. 291-295
Author(s):  
I Gede Edy Korneawan ◽  
A.A Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Dispute Resolution ◽  
Land Rights ◽  
Spatial Layout ◽  
Regional Office ◽  
Applicable Law ◽  
Land Dispute ◽  
Land Disputes ◽  
The Republic ◽  
The Government ◽  
The Right

Land is one of the most important parts of the earth's surface, where land is a source of welfare for the community. In the UUPA, the concept of land rights is differentiated into two, namely, first, the right to control of the State as regulated in article 2 which is based on the elaboration of Article 33 of the 1945 Constitution of the Republic of Indonesia. This study aims to determine the process of resolving forestry land disputes at the Land Office of Badung Regency. The research method used is the normative method, namely examining the decision of the head of the BPN RI regional office with the applicable law. The results of the analysis show that based on the Law of the Republic of Indonesia Number 18 of 2003 concerning the prevention and eradication of forest destruction, it is concluded that the causes of the dispute are 6. Based on the Perkab BPN No. 3/2011 there are two land dispute resolution through litigation, namely dispute resolution through court channels, and non-litigation, namely dispute resolution through BPN mediation. Through research, it is hoped that the government can determine the spatial layout of the area so that a single map is created and there are no overlapping policies between the Ministry of Forestry and the Forestry Service

scholarly journals Problems of inheritance in the anti-terrorist operation zone and in the occupied territories

2020 ◽  
pp. 14-18
Author(s):  
A.V. Goncharova ◽  
V.Yu. Chuikova
Keyword(s):  
Legal Status ◽  
Internally Displaced Persons ◽  
Internally Displaced ◽  
Law System ◽  
Special Procedure ◽  
Occupied Territories ◽  
The Will ◽  
The Right ◽  
Civil Law System ◽  
Legal Consequences

In this article, the authors reveal the issue of inheritance in the anti-terrorist operation zone and in the occupied territories. The institution of inheritance in the civil law system is one of the most important issues of research, its importance is due to the fact that the object of inheritance is the right of ownership. The issue of inheritance in the controlled territories remains relevant. This applies to both subjects and objects of inheritance rights. The article emphasizes that in accordance with the Declaration of State Sovereignty of Ukraine and the Constitution of Ukraine, the sovereignty of Ukraine extends to its entire territory, which within the internationally recognized state border is integral and inviolable. Indicated. That within the temporarily occupied territories there is a special procedure for ensuring the rights and freedoms of the civilian population, defined by the legislation of Ukraine. Individuals, regardless of their registration as internally displaced persons or their acquisition of special legal status, and legal entities retain the right of ownership, other real rights to property, including immovable property, including land plots temporarily occupied territories, if such property is acquired in accordance with the legislation of Ukraine. It is noted that the activities of armed groups and the occupation administration are illegal, and any act issued in connection with such activities is invalid and does not create any legal consequences. Emphasis is placed on the fact that the process of inheritance on Ukrainian lands is unchanged, namely, by will and by law. Inheritance by will occurs if the deceased person made a will before death and it is valid. In his absence there is an inheritance by law. Inheritance by law takes place in the following cases: absence of a will; invalidation of the will; the death of the heirs specified in the will before the opening of the inheritance or their refusal to accept the inheritance; the testator revoked a previously made will and left no new one; the will was declared invalid by a court; if the will does not cover all the property belonging to the testator.

scholarly journals Implementasi PTSL Sebagai Upaya Pencegahan Konflik Pertanahan Di Kecamatan Ingin Jaya Kabupaten Aceh Besar

2021 ◽  
Vol 6 (2) ◽  
pp. 217
Author(s):  
M. Syuib ◽  
Sarah Diana Aulia
Keyword(s):  
Research Method ◽  
Land Rights ◽  
Legal Certainty ◽  
Large Area ◽  
Land Registration ◽  
Land Dispute ◽  
Land Disputes ◽  
Legal Uncertainty ◽  
The Government ◽  
Ownership Of Land

In order to guarantee legal certainty for land rights holders, the Government is conducting land registration program throughout Indonesia territory. The program has put an obligation to the land rights holder to register their land. The purpose of land registration is, to provide evidence for the ownership of land. The implementation mechanism of the program in regulated in the Permen ATR/BPN Number 6 of 2018 concerning Complete Systematic Land Registration (PTSL). The presence of the Permen is, in order to prevent land disputes in the community by accelerating land registration. Sub-district of Ingin Jaya, which is located in the Aceh Besar district, is one of the areas where PTSL activities are carried out. Currently, there is a large area of land in the Aceh Besar district has not been certified yet, it may cause legal uncertainty for land owner and such condition can potentially lead to land dispute. One of the indicators to claim this, are by taking land dispute cases as put on trial in the Jantho Court which has reached 32 cases from 2014 until 2019. This study aims to find out how the implementation of PTSL and its barrier in the Sub-District of Ingin Jaya, Aceh Besar. The research method is an empirical juridical research; it works by conducting observations, interviews, and documentation. The result found that the implementation of PTSL in the Sub-District of Ingin Jaya, Aceh Besar, is in accordance with Permen ATR/BPN No. 6 of 2018. However, in the ground, it is found that there are a number of obstacles which affect the successful of the PTSL program both internally and externally. Therefore, synergy and cooperation with all parties are needed so that the PTSL program in the Sub-District of Ingin Jaya can be implemented successfully in order to provide legal certainty for land rights holders, so that the land dispute can be prevented as early as possible.

scholarly journals Risks of genomic research

2019 ◽  
pp. 55-61
Author(s):  
A. A. Pestrikova
Keyword(s):  
Clinical Trials ◽  
Genetic Engineering ◽  
Legal Status ◽  
Legal Regulation ◽  
Genomic Research ◽  
Vitro Fertilization ◽  
Society Application ◽  
Legitimate Interests ◽  
The Right

The article considers the main achievements in the field of genetic engineering and biomedicine in the context of formation of the concept of legal regulation of relations in question. The article considers the issues of applying the human DNA editing technology considered by the Nuffield Council on Bioethics in July 2018. The author substantiates the necessity of determining the legal status of the embryo for its use in clinical trials of gene modifications. The paper considers the risks regarding the use of genetic engineering in relation to the person associated with the possibility of social inequality in the society, application of eugenistic approaches, and the probability of selecting the quality characteristics of embryos by parents resorting to in vitro fertilization. The author concludes that it is necessary to form national and international legislation that will protect the rights and legitimate interests of all subjects and will exclude circumvention of the law and abuse of the right. In addition, it is important to ensure international and public control over the use of the latest advances in genetic engineering and biomedicine prior to conducting clinical trials on humans.

scholarly journals Guarantees for Exercising and Protecting the Property Right of Internally Displaced Persons

2020 ◽  
Vol 91 (4) ◽  
pp. 130-139
Author(s):  
Z. I. Knysh
Keyword(s):  
Civil Rights ◽  
Property Rights ◽  
Legal Status ◽  
Property Right ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Concrete Action ◽  
The Difference ◽  
The Right

The author has researched property relations of internally displaced persons, the peculiarities of which are determined by their legal status and the lack of sufficient legislative regulation to protect their property status. It has been emphasized that the realization of property rights occurs through the will and actions of the owner, which must fully comply with legal requirements, because the right of the owner to actions and the actions themselves – differ from each other. The difference between the content of a subjective right and its realization is, first of all, that the content of a subjective right covers only the possible behavior of an authorized person, and the realization of the right is a real, concrete action that leads to legal consequences. Therefore, the realization of property rights by internally displaced persons is absolute, i.e. absolute civil rights apply to an indefinite number of persons, except for the right of the owner. The legal categories of “realization”, “protection” and “defense” have been analyzed as integral components of the property right of internally displaced persons. It has been stated that protection is the category of the normal state of existence of the subjective right, and defense is the category of the subjective right in a violated state. It has been proved that in most cases people who have left their place of residence due to armed conflict or other forms of violence do not have a real opportunity to realize actual and sometimes legal (for example, due to the lack of proper documents on the property) possession. It indicates the need to introduce guarantees that will ensure not only the realization of property rights by internally displaced persons, but also the safety of their property. It has been offered to understand the guarantees of property rights of internally displaced persons as a set of methods, means and procedures aimed at ensuring the realization of their property rights. The author has formulated own definition and has suggested the classification of guarantees of property rights of internally displaced persons, with their division into general and special, as well as guarantees of the realization of the rights and guarantees of protection.

Some Statements Concerning the "Right to be Born"

Lex Russica ◽  
2021 ◽  
pp. 52-62
Author(s):  
N. N. Tarusina
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Biological Origin ◽  
Direct Form ◽  
Legitimate Interests ◽  
The Difference ◽  
Broad Interpretation ◽  
The Individual ◽  
The Right ◽  
Special Rights

The paper is devoted to the topical issues related to the implementation of the right of a proto-human (nasciturus, an unborn child) to be born and to the assumptions about the legitimate interests of general and special types consolidated in the legislation of a number of countries (constitutional law, civil law, criminal law). The Russian law protects such interests, at least to some extent, in indirect and direct forms. In the indirect form such interests are protected through the benefits and allowances for pregnant women provided under medical, labor, social security, and family legislation. Motherhood is encouraged through the instruments of financial, tax, housing law, and it is given special protection by criminal and penal legislation. In the direct form interests under consideration are protected through the establishment of opportunities under civil law for inheritance and compensation for the loss of a breadwinner. The author explains the difference between approaches to the problem of a legal status and legal capacity of the nisciturus under foreign and Russian laws. The paper provides for the reflections concerning the right to natural biological origin discussed in the doctrine and adjustment of its elements. Also, the paper examines special rights that, due to their purpose and content, are opposed to the right to be born, namely: the right to terminate pregnancy, the right to sterilization. The author emphasizes that not only the right to be born is limited by the lawmaker for objective and subjective reasons. Separate from this complex of interactions, although in connection with the act of the birth, the author analyzes the circumstances caused by the problem of the birth of a dead child. The author elucidates unsettled regulatory and enforcement decisions associated with the protection of the interests of the parents of such a child. The author focuses on inadmissibility of formal legal application of relevant legislation, on the need for its broad interpretation in favor of humanitarian, fair, ethically balanced enforcement of the right of the individual to private and family life.

GUARANTEES AS AN ELEMENT OF THE LEGAL STATUS OF A JUDGE

2021 ◽  
Author(s):  
Vitaliy Hudyma ◽  
◽  
Myroslav Kovaliv ◽  
Andriy Pryveda ◽  
Khrystyna Kaydrovych ◽  
...  
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Separation Of Powers ◽  
The State ◽  
Constitutional Principle ◽  
Independent Judiciary ◽  
The Status ◽  
Legitimate Interests ◽  
The Right ◽  
Judicial Protection

The article is devoted to the study of guarantees as an element of the legal status of a judge. The article considers the effectiveness of justice by the judiciary as an independent branch of state power, which is entrusted with the function of protecting the rights and legitimate interests of persons in the state. It is argued that the right to judicial protection can be properly realized only if there is an effective mechanism of judicial protection, which becomes real if there are guarantees for the activity of a judge. The independence and independence of the judiciary is due to the constitutional principle of separation of powers, proclaimed in the Constitution of Ukraine. However, it is in democracies that this principle acquires special significance, because we are talking about legally enshrined guarantees and effective mechanisms of «containment and balances» in the organization and activities of various branches of government. Each of the branches of government – legislative, executive and judicial, independently performs only its inherent functions, not obeying each other. Decisions are made by the judiciary due to their independence, because no additional approval by the bodies of other branches of government is required. The most important prerequisite for this is the protection of the judiciary from unlawful influence or interference from other actors. Only an independent judiciary can become the guarantor of the rule of law, the implementation of effective and accessible justice and a fair judicial decision of cases in the state. The guarantees of the judge's activity in the administration of justice are divided into three groups: guarantees of the procedural activity of the judge as the bearer of judicial power, the subject of the process; organizational and legal guarantees for the activity of a judge as a person holding a public office and is a member of the judicial community; social and legal guarantees of a judge as a citizen with a special legal status, limited in civil rights by legislation on the status of judges and occupying a separate position in society.

Debatable Issues on Land Rights Protection of Indigenous Small-numbered Peoples of the North, Siberia and the Far East of the Russian Federation

2020 ◽  
pp. 1-20
Author(s):  
Natalia Nikolaevna Averyanova ◽  
Aleksey Pavlovich Anisimov ◽  
Galina Nikolaevna Komkova
Keyword(s):  
Legal Status ◽  
Far East ◽  
Essential Element ◽  
Land Rights ◽  
Legal Personality ◽  
Rights Protection ◽  
The North ◽  
Legal Nature ◽  
The Right ◽  
Important State

Abstract The article presents the authors’ ideas concerning the legal nature of land rights of indigenous small-numbered peoples in Russia. It should be noted that land rights of indigenous small-numbered peoples are part of their special constitutional legal personality, an essential element of their legal status. On the basis of international acts on the rights of indigenous peoples, the opportunity to give indigenous small-numbered peoples of Russia their traditional land to use on the grounds of ownership is assessed as non-promising. The article scrutinises the system of land rights of indigenous small-numbered peoples that is established in Russia. The authors point to the imperfection of the legislation in this area, which may lead to violation of the rights of indigenous small-numbered peoples. It should be noted that one of the most important state guarantees is the right of indigenous small-numbered peoples to free and indefinite use of lands.

scholarly journals Peluang Penyelesaian Sengketa Perdata Tentang Tanah Melalui Alternative Dispute Resolution

2018 ◽  
Vol 47 (1) ◽  
pp. 47
Author(s):  
Made Oka Cahyadi Wiguna
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Land Rights ◽  
Choice Of Law ◽  
Legal Principles ◽  
Land Dispute ◽  
Land Disputes ◽  
Civil Dispute

AbstractThe current developments, there are many land disputes that are vertical or horizontal. Issues concerning land affairs are often caused by salim claims over land rights. The intended land dispute is a civil dispute concerning the land. Achieving a win-win solution in the settlement of civil disputes over land is relatively difficult to materialize, if the settlement is resolved through a trial (litigation). The choice of law that can be chosen to obtain and realize a win-win solution in solving civil disputes over land is of course through alternative dispute resolution. By way of negotiation, mediation and conciliation. In the course of the settlement of civil disputes over land settled through alternative dispute resolution, the settlement can not ignore the applicable legal principles of the treaty.  Keywords: Land civil disputes, alternative dispute resolution and principles of contract.AbstrakPerkembangan yang terjadi saat ini, banyak terjadi sengketa pertanahan yang bersifat vertikal maupun horizontal. Permasalahan mengenai pertanahan yang terjadi sering disebabkan akibat salim klaim penguasaan hak atas tanah. Sengketa tanah yang dimaksudkan adalah sengketa perdata tentang tanah. Mewujudkan win-win solution dalam penyelesaian sengketa perdata tentang tanah relatif sulit dapat terwujud, apabila penyelesaiannya diselesaikan melalui sidang peradilan (litigation). Pilihan hukum (choice of law) yang dapat dipilih untuk memperoleh dan mewujudkan win-win solution dalam menyelesaikan sengketa perdata tentang tanah tentunya adalah melalui alternative dispute resolution. dengan cara negosiasi, mediasi dan konsiliasi. Dalam rangka penyelesaian sengketa perdata tentang tanah diselesaikan melalui alternative dispute resolution, maka penyelesaiannya tidak dapat mengabaikan asas-asas hukum yang berlaku mengenai perjanjian. Kata Kunci :   Sengketa perdata tanah, alternatif penyelesaian sengketa dan asas-asas    perjanjian.  

scholarly journals ENTITLEMENT TO USE OF SUBJECTS OF GENERAL LAND RIGHTS GRANTED FOR THE CONSTRUCTION AND MAINTENANCE OF RESIDENTIAL BUILDINGS: SOME PROBLEMS OF REALIZATION

2021 ◽  
pp. 118-122
Author(s):  
G. Krasutski
Keyword(s):  
Public Relations ◽  
Residential Buildings ◽  
Common Law ◽  
Land Rights ◽  
Legal Regulation ◽  
Practical Applications ◽  
Land Disputes ◽  
The Right

The right to use land is integral to ensuring its efficient use. The consistency, complexity and stability of legal regulation of the relevant public relations are designed to ensure the protection of the rights of land users. The article analyzes the scientific approaches, legislation and its practical applications on certain problematic issues of the implementation of the right to use land plots under common law. The author made proposals that can be used to improve legislation on the protection and use of land. Appropriate changes and additions will help to reduce the total number of land disputes, their prompt and reasonable resolution, as well as protect the rights of land users in the exercise of their rights to use land on common law, including from encroachments by other participants in this right.

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