scholarly journals The Legal Problems of Functioning of the Agrarian Clusters in the Conditions of Opening of the Land Market in Ukraine

2020 ◽  
pp. 110-118
Author(s):  
Anna MISINKEVYCH
Keyword(s):  
Agricultural Land ◽  
Local Level ◽  
Scientific Work ◽  
Legal Regulation ◽  
Legal Issue ◽  
Land Market ◽  
Industrial Complex ◽  
Legal Problems ◽  
The Government ◽  
Scientific Doctrine

It is devoted to the study of the legal nature of the «agrarian cluster» as a new business entity in the agro-industrial complex of Ukraine in the conditions of opening the land market and decentralization of agricultural lands. The scholar examines the decree of the President of Ukraine and the resolution of the Cabinet of Ministers of Ukraine, which allow territorial communities to dispose of agricultural land at the local level and thus develop agricultural business at the regional level in terms of «agricultural cluster». The author analyzes the legislative support for the activities of «agricultural clusters» in our country through the prism of land law, agricultural law, commercial law and the provisions of scientific doctrine. The main programs of the Government of Ukraine for the last ten years, which were related to the development of the cluster movement in the country, are studied. The legal definition of «agrarian cluster» is studied through the prism of scientific doctrine and foreign experience and the author’s interpretation of this legal institution is offered, which must be included in our current agrarian and commercial legislation. In addition, the author reveals the fundamental legal problems that exist in law on the legal regulation of «agricultural clusters in Ukraine and offered to take a special legal act that would regulate the relationship of these agricultural and amend the commercial legislation. The scientist emphasizes in the article the need to develop and adopt a special state and legal program at the legislative level, which will provide financial, legal, economic, investment and organizational conditions for the creation and operation of «agricultural clusters» in the country and attract foreign investors. Moreover, in the scientific work analyzing the current land legislation and proposes to resolve the legal issue of ownership and use of agricultural land for commercial agriculture «agricultural clusters in the functioning of the land market in subsequent years in Ukraine.

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 Features of circulation of agricultural lands in Ukraine for legal entities

2020 ◽  
Vol 15 (29) ◽  
pp. 23-50
Author(s):  
Sibilla Buletsa
Keyword(s):  
Land Tenure ◽  
Agricultural Land ◽  
Slow Growth ◽  
Legal Regulation ◽  
State Ownership ◽  
Land Market ◽  
Business Partners ◽  
The Right ◽  
The Cost ◽  
Legal Entities

Land in Ukraine can be in private, communal and state ownership. The lands of Ukraine include all lands within its territory, including islands and lands occupied by water bodies, which are divided into categories according to their main purpose. Legal entities may acquire land mainly for use on the rights of lease, sublease, emphyteusis and permanent use, may have agricultural land on the right of lifelong inherited land tenure, the legal regulation of which is currently absent. In Ukraine at this stage, models of organization of relations between business partners are effectively and justifiably used through the creation of a joint holding company in a foreign jurisdiction, which further establishes the company in Ukraine. As a result of the anti-terrorist operation and the occupation of Crimea on the territory of Ukraine, the rights of thousands of people to housing, land and property, including the rights of agricultural land use, were violated. Today, land lease is the main way of doing agribusiness, lease agreements have become an important tool for absorbing weaker competitors or seizing their land. In conditions of slow growth in the cost of rent, agricultural holdings can afford a slightly higher fee, which gives them a significant advantage over farmers. However, the moratorium on land has been lifted in 2020 and the land market in Ukraine will be introduced on July 1, 2021. From this date, agricultural land will be available to individuals, ie the moratorium on the sale of agricultural land will be lifted. As for legal entities, the land market will be open for them only from January 1, 2024.

scholarly journals PROBLEMS AND PROSPECTS OF FORMATION OF REGIONAL INNOVATIVE INFRASTRUCTURE OF THE AGRO-INDUSTRIAL COMPLEX IN THE REPUBLIC OF BASHKORTOSTAN

2021 ◽  
Vol 31 (6) ◽  
pp. 941-946
Author(s):  
V.Ya. Akhmetov ◽  
R.N. Galikeev
Keyword(s):  
Agricultural Land ◽  
Federal District ◽  
Climatic Conditions ◽  
High Tech ◽  
Industrial Complex ◽  
Regional Innovation ◽  
Republic Of Bashkortostan ◽  
The Republic ◽  
The Government

According to the results of 2020, in the rating of the subjects of the Russian Federation for the production of gross agricultural output, the Republic of Bashkortostan came in 6th place and 2nd in the Volga Federal District. The long-term leadership of the republic in terms of the development of the agro-industrial complex is largely explained by the presence of large areas of agricultural land (more than 7.2 million hectares), sufficient labor resources and relatively favorable soil and climatic conditions for the development of many branches of agriculture. However, in the XXI century, without the introduction of agro-innovations and the development of high-tech agriculture, processing industry, an effective system for the sale of manufactured products, it is becoming increasingly problematic to ensure the long-term competitiveness of the agro-industrial complex of the region both at the All-Russian and global levels. Current trends in the development of agribusiness in the world and in our country clearly show the priority of using the latest achievements of scientific and technological progress and significant investments in new agricultural technologies at the regional level in order to ensure high quality products and compete with domestic and foreign companies. Within the framework of this study, the need to improve the interaction of agribusiness with the scientific and educational sphere and the formation of the regional innovation infrastructure of the agro-industrial complex in the Republic of Bashkortostan with the coordinating role of the Ufa Federal Research Center of the Russian Academy of Sciences and the Government of the Republic of Bashkortostan is actualized. The authors conducted a comprehensive analysis of the key problems in the creation of a regional agro-industrial scientific and production cluster in the Republic of Bashkortostan and outlined priorities in its development.

scholarly journals Transformation of Leased Land Use of Agricultural Enterprises in Ukraine in Limited Land Market

2019 ◽  
Vol 10 ◽  
pp. 16-25
Author(s):  
Liudmyla Kolosa ◽  
Liudmyla Hunko
Keyword(s):  
Land Use ◽  
Agricultural Land ◽  
Civil Law ◽  
Legal Regulation ◽  
Land Market ◽  
Private Land ◽  
Agricultural Enterprises ◽  
Legal Restrictions ◽  
The Right ◽  
Substantive Law

The result of the long existence of legal restrictions on the agricultural land market in Ukraine was the formation of a specific leasehold system of land use. Agricultural enterprises and farms do not have land owned. Instead, the peasants who became owners of land during the distribution of collective farms, mostly do not process these parcels of land on their own, but also deprived of the right to alienate them (to sell, give, change). The study shows the development of leased land use of agricultural enterprises in Ukraine, which currently covers 16.8 million hectares of private land and about 1 million hectares of state-owned land. Since 2003, the civil law of Ukraine permitted to apply not only the lease of agricultural land, but also the emphyteusis right (the alienated right to use someone’s land for agricultural purposes), the process of transformation of lease into emphyteusis was started, especially in large agricultural holdings. The main advantages of emphyteusis as a substantive law and its attractiveness for agribusiness are considered. The suggestions on improving the legal regulation of land use under conditions of emphyteusis are given.

scholarly journals COMPARATIVE AND LEGAL ANALYSIS OF THE EARTH MARKET IN UKRAINE AND THE NETHERLANDS

2018 ◽  
Vol 64 ◽  
Author(s):  
J.M. Pavlyuchenko ◽  
A.O. Sushko
Keyword(s):  
The Netherlands ◽  
Agricultural Land ◽  
Private Property ◽  
Legal Regulation ◽  
Land Market ◽  
Positive Experience ◽  
Legal Analysis ◽  
The Earth ◽  
Constitutional Right

The moratorium on the sale of agricultural land is described. The violation of the constitutional right to private property was substantiated by the introduction of a moratorium. The principles of legal regulation of the land market in the Netherlands are generalized. A comparative legal analysis of the development of proposals for the acquisition of positive experience in the regulation of the agricultural land market with the possibility of their implementation in the Ukrainian legislation has been carried out.

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 CURRENT TRENDS IN THE FIELDS OF GEODESY, LAND MANAGEMENT, LAND CADASTRE AND URBAN PLANNING

2021 ◽  
Vol 4 (164) ◽  
pp. 136-143
Author(s):  
M. Pilicheva ◽  
T. Anopriienko
Keyword(s):  
Urban Planning ◽  
Land Management ◽  
Agricultural Land ◽  
Local Level ◽  
Geodetic Network ◽  
Current Data ◽  
The State ◽  
Land Market ◽  
Assessment Procedure ◽  
Market Regulation

The article is devoted to the study of changes in geodesy, land management, State land cadastre and urban planning. It is proved that changes in certain areas are related to changes in the main directions of land reform in Ukraine, namely the formation of territorial communities and the introduction of a full and open land market. The process of formation of communal property in Ukraine and formation of territorial communities are investigated. At the same time, a special type of documentation appears – a comprehensive plan of spatial development of territorial communities, which is both land management documentation and urban planning documentation at the local level and includes topographic and geodetic data. To determine the boundaries of the territory of the community, a new type of land management documentation was introduced – a land management project to establish the boundaries of the territory of the territorial community. It is established that the number and area of territorial communities are different and can differ dozens of times. It is determined that the issue of creating geospatial data infrastructure is becoming more and more developed in Ukraine, because it combines data from the State Geodetic Network, information from the State Land and Urban Cadastre, which provides additional amplification and data entry, development of documentation using its current data. The issue of land market regulation is considered. Its subjects and features of acquisition of the property right to land plots of agricultural purpose are defined. The maximum size of the total area of agricultural land plots is presented – no more than ten thousand hectares, but until January 1, 2024 for the citizens of Ukraine this value should not exceed 100 hectares. The tendency of changes in establishing the sale price of the land plot, namely in carrying out the normative monetary assessment is determined. It is proposed to create a single assessment procedure for all land plots, regardless of their purpose, but taking into account the boundaries of the territorial community. The average cost of agricultural land by regions of Ukraine is analyzed. It is determined that it is uneven and can differ by 2-2.5 times. It is established that the introduction of real-time electronic auctions for the purchase and sale of agricultural land of all forms of ownership allows to achieve openness and transparency of the land market, as well as attracting a wider range of potential buyers.

scholarly journals Moratorium on sale of land: expediency of abolition and prospect of development agrarian to sector in Ukraine

2019 ◽  
pp. 28-32
Author(s):  
Oleksandr RADCHENKO ◽  
Oryna KONOPLIA
Keyword(s):  
Agricultural Land ◽  
Land Market ◽  
Economic Relations ◽  
National Wealth ◽  
Basic Law ◽  
Land Relations ◽  
The Subject ◽  
The Government ◽  
Agroindustrial Complex ◽  
Agricultural Setting

In the article basic pre-conditions of origin and stages of action of development of moratorium are investigational on the sale of land of the agricultural setting and it is considered as this question answers the basic legislative acts of Ukraine. Essence of moratorium is certain and considered influence on the circle of subjects, his action spreads on that, and also consequences are certain from operating to moratorium on the separate ingredients of agroindustrial complex. Set and expediency of abolition of moratorium is reasonable on the sale of land and possible consequences of this decision for development of both the landed relations and national economy on the whole. Based on the rules of the Basic Law of Ukraine, land is an object of property rights of the Ukrainian people and is the main national wealth of the state, so the issue of lifting the moratorium on the sale of agricultural land is one of the most acute and urgent for modern Ukraine. This issue is the subject of discussion not only by prominent practitioners and political figures, but also by ordinary citizens. In our opinion, the moratorium really narrows the rights of landowners and deprives them of the opportunity to dispose of their property. Therefore, we consider it expedient to abolish the moratorium on alienation of agricultural land. However, before deciding on this step, it is necessary to elaborate in a thorough and detailed manner the basic mechanisms of regulation of land relations, in order not to deepen the corruption and criminalization of socio-economic relations. The government, in introducing the lifting of the moratorium, should be aware of its own readiness for the consequences of opening the land market. Its decisions must be balanced and clear and the mechanism of sale open, transparent and efficient.

UNDERSTANDING LAND IDLING AS A STRATEGIC BEHAVIOUR: A BRIEF NOTE USING THE REAL OPTIONS APPROACH

2016 ◽  
Vol 14 (5) ◽  
Author(s):  
Haniza Khalid
Keyword(s):  
Real Options ◽  
Real Option ◽  
Agricultural Land ◽  
Market Price ◽  
Land Market ◽  
Market Prices ◽  
Strategic Behaviour ◽  
The Government ◽  
Agricultural Areas ◽  
Current Market Price

One possible explanation for land idling in a rapidly transforming economy can be found by looking at the value of the option to wait and hysteresis behaviour in the land market. If investors assume that the drop is temporary and that its long term prospects outweigh current holding losses, the market will observe some form of a zone of inactivity i.e., no selling and no additional buying. The fact that landowners elect to keep their valuable land underdeveloped for prolonged periods of time suggests that idled land is more flexible and valuable than what the current market price suggests. If the revenue from farming is insufficient to sustain the activity, land is left idle; although this operational decision is open to continuous revision. The numerical example shown in the paper shows that price of land can be substantially bolstered by the option to wait embedded in land. We argue that land market prices are based on more than the land’s total present value of its future income stream. In a transforming economy, the option to wait and change land-use are especially important to consider. Policy-wise, the government can discourage land idling by ensuring appropriate and suitable zoning of agricultural areas, strong adherence to the zoning conditions/plans as well as more far-sighted land conversion decisions. These efforts can go a long way to reduce the source and degree of uncertainty which is the most important cause of real option premium in land prices. Based on the nature and type of data available, future directions of research should emphasize on empirical testing of real options premium in sale prices of agricultural land.

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