Procedures for Acquisition of Land Ownership

2020 ◽  
pp. 158-173
Author(s):  
Oleh OMELCHUK ◽  
Nadiia CHUDYK-BILOUSOVA ◽  
Liudmyla TARANENKO
Keyword(s):  
Agricultural Land ◽  
Land Ownership ◽  
Land Market ◽  
Legal Person ◽  
Market Conditions ◽  
Land Relations ◽  
Acceptable Model ◽  
The Right ◽  
Ownership Of Land

It is established that the right of ownership of land is a set of powers of individual entities in relation to land plots or the right to them, enshrined in the norms of law, taking into account the restrictions established by law. The subjects of land relations are characterized depending on the form of land ownership. It is proposed to understand the procedure of granting land ownership as the activity of interested persons or state bodies of the relevant levels and other entities, which is aimed at establishing the right of the relevant entity to a specific plot. It is established that the procedure for acquiring a plot of land by a person is clearly defined and includes several methods defined by law. Procedures for acquiring land ownership by a natural or legal person are analysed, depending on the methods defined by land and civil legislation. It is proposed to introduce only an electronic form of land auctions. It is established that an additional condition for the acquisition of property rights in market conditions is the positive results of the inspection for compliance with the requirements established by the land legislation of the potential purchaser or owner of the agricultural land. The inspection procedure needs to be regulated by the relevant by-law to comply with the requirements of the adopted amendments to the land legislation. The most acceptable model for the introduction of the land market is a moderately limited agricultural land market, which restricts access to purchase by foreigners and legal entities. The expediency of ensuring the proper settlement of relations when concluding agreements on the transfer of ownership of land in market conditions is substantiated. The procedure for acquiring the right of ownership of land is the process of acquiring a person, the right of ownership of land for possession, use and disposal on the terms and in the manner prescribed by law as a result of the decision of the authorized body. The classification of procedures for acquiring land ownership is carried out.

scholarly journals Prospects for the market turnover of agricultural land in Ukraine

2017 ◽  
Vol 15 (2) ◽  
pp. 344-354 ◽  
Author(s):  
Mykola Koroteyev ◽  
Iryna Korman ◽  
Olena Manziy ◽  
Olha Semenda ◽  
Olena Semenda
Keyword(s):  
Land Reform ◽  
Agricultural Land ◽  
Developed Countries ◽  
Economic Consequences ◽  
Land Market ◽  
The Political ◽  
Private Ownership ◽  
Current State ◽  
Land Relations ◽  
The Right

The problems of organizing the functioning of the land market in Ukraine remain unregulated. Gradually, they have moved from the economic plane to the political one, thereby exacerbating social tensions in the society. The current state of land relations requires immediate reforms in terms of granting the right to almost 7 million citizens to dispose of their property. Therefore, the issue of completion of land reform and the introduction of agricultural land market is a responsible step for the state and provides for the development of a set of measures based on the forecast of socio-economic consequences for the whole society. This step may be related to the transfer of land to private ownership, formation of a multi-sectoral economy on the basis of ensuring equal development of various forms of management, ensuring conditions for the efficient and rational use of land. The authors emphasize that the draft laws on land turnover submitted for discussion do not specify the issue of transparency of the possible introduction of a free land market and contradict each other. They do not take into account the international experience of developed countries.

Peculiarities of Land Reform and Introduction of the Land Market in Ukraine: Legal Security and Consequences

2021 ◽  
Vol 67 (2) ◽  
pp. 261-269
Author(s):  
Olha Zyhrii
Keyword(s):  
Land Tenure ◽  
Land Reform ◽  
Agricultural Land ◽  
Land Market ◽  
Controversial Issues ◽  
Land Relations ◽  
The Government ◽  
Legal Security ◽  
The Right ◽  
Ukrainian Society

During the years of Ukraine's independence, the issue of land reform and the opening of the market for agricultural land was on the agenda of the legislative and executive branches of government. According to the Constitution of Ukraine, land is the most valuable wealth and property of the Ukrainian people. Land reform is not the first attempt by the authorities to change land relations in Ukraine, but it was to resolve the controversial issues of Ukrainian land. The implementation of land reform provided not only the introduction of effective mechanisms of land tenure and land use, but also the development of a modern land market on the basis of a market economy. Land reform has been hampered by corruption, a moratorium on the sale of agricultural land, and the desire of some politicians to speculate on the issue. Therefore, the moratorium in Ukraine was introduced as a temporary tool to protect landowners in the underdeveloped infrastructure of the land market. The adopted Law of Ukraine in 2020 removes the moratorium and gives the right to owners of agricultural land to dispose of their land at their own discretion. In the future, the opening of the land market should be a significant change in the life of Ukrainian society. However, the villagers face a number of unresolved issues that need to be clarified. Parliament and the government are expected to adopt and implement new land laws, such as decentralization of land management, the state e-auction, and the establishment of an independent Partial Lending Fund to increase smallholder access to flexible financing.

scholarly journals ECONOMIC AND LEGAL BASIS OF LAND RENTAL MARKET DEVELOPMENT IN UKRAINE

2020 ◽  
pp. 93-100
Author(s):  
Roman Voloshyn ◽  
Andriy Vitrovyi ◽  
Vasyl Melnychenko
Keyword(s):  
Land Reform ◽  
Agricultural Land ◽  
The State ◽  
Land Market ◽  
Agricultural Lands ◽  
Agricultural Enterprises ◽  
Land Rental ◽  
Land Relations ◽  
Leading Position ◽  
The Right

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.

scholarly journals Opening of agricultural land market in Ukraine

2020 ◽  
Vol 11 (2) ◽  
pp. 18-24
Author(s):  
O. Kireitseva ◽  
◽  
O. Zhylin ◽  
Keyword(s):  
Average Cost ◽  
Land Reform ◽  
Agricultural Land ◽  
Land Market ◽  
Basic Law ◽  
Land Relations ◽  
Basic Parameters ◽  
Government Data ◽  
The Right ◽  
Almost All

The article examines the functioning of agricultural land market in Ukraine. The basic parameters of the existence of legislation on land, the protection of the rights of owners of land plots, the possibilities of buying and selling in the context of land relations, the activities of agricultural holdings are analyzed. It is determined that land, labor and capital should function as goods in market economy, as factors of production. The significant role can be played by state that has capabilities for determination the presence of appropriate levers of power. The land, like other natural resources located within the territory of Ukraine, are objects of property rights of Ukrainian people. The Basic Law entrusts state with the function of protecting rights of all subjects of property as well as business rights. It has been determined that reforming of land sector is in one way or another affects interests of almost all citizens of country. The basis of agrarian reforms is land reform. The land market in Ukraine will be introduced on July 1, 2021. Citizens of Ukraine, legal entities of Ukraine, territorial communities and the state will be able to acquire ownership of agricultural land plots. The total area of agricultural land plots owned by citizen and legal entity may not exceed 10,000 hectares. It is determined that the limit of 100 hectares and the right to purchase the land plot have only individuals by January 1, 2024. Until January 1, 2030, the sale price of agricultural land plots allocated in kind (on the ground) to the owners of land shares (shares) cannot be less than their normative monetary value. Calculations are made in non-cash form. According to the Ministry of Economy, the average cost of renting a hectare of land in Ukraine is 1,700 hryvnas per year. After the introduction of the market, it can grow to 4000 hryvnas in 2024. According to government data, the average cost of hectare of land after the opening of the market will be about $ 2,200, but if the sale of land to foreigners is prohibited, this amount may be lower.

scholarly journals INSTITUTIONAL BASIS OF LAND RELATIONS REGULATION IN THE CONTEXT OF AUTHORITY DECENTRALIZATION

2021 ◽  
Author(s):  
Olena Garazha
Keyword(s):  
Local Governments ◽  
Agricultural Land ◽  
Supply And Demand ◽  
The State ◽  
Land Market ◽  
Land Resources ◽  
Agricultural Producers ◽  
Land Relations ◽  
Scientific Practical ◽  
The Right

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).

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 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 LAND MARKET AND ITS INFRASTRUCTURE

2020 ◽  
Author(s):  
J. Рrisyajna
Keyword(s):  
Social Problems ◽  
Agricultural Land ◽  
Economic Security ◽  
Land Market ◽  
Land Relations

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.

scholarly journals STATUS HUKUM TANAH WARGA YANG BERMUKIM DI WILAYAH PESISIR PERBATASAN KABUPATEN NUNUKAN PROVINSI KALIMANTAN UTARA

2018 ◽  
Vol 33 (3) ◽  
pp. 243
Author(s):  
Sulaiman Sulaiman ◽  
Zulvia Makka
Keyword(s):  
Legal Status ◽  
Forest Products ◽  
Land Ownership ◽  
Coastal Areas ◽  
Basic Law ◽  
The Government ◽  
Legal Proof ◽  
The Right ◽  
Ownership Of Land ◽  
Coastal Residents

The province of North Kalimantan is the youngest province in Indonesia, located in the northern part of Kalimantan Island. Northern Kalimantan Province is established based on Law No. 20 of 2012 establishing the Northern Kalimantan Province. Nunukan Regency is one of five districts / cities in the province of North Kalimantan covering an area of ​​14,263.68 km2. Geographically, Nunukan Regency is located in the northernmost region of Kalimantan, which borders directly with a neighboring country, Sabah-Malaysia. The legal status of the land becomes a written proof that is legally recognized. All land rights are recorded in the form of National Land Agency (BPN) certificates. BPN creates duplicates of landowners to avoid future risks, such as: B.: Lost certificates, burned certificates and duplicate certificates. In Indonesia, land ownership status is governed by the Basic Law of Agriculture (UUPA) No. 5 of 1960 on Agricultural Principles. Rural residents living in the Border Coast, especially in the Nunukan Subdistrict, Nunukan Utara district, is the Nunukan Regency, a leased land owned by PT. Inhutani as the de facto landlord (HGU), above the property for PT. Inhutani in the Nunukan district, Nunukan district, Nunukan Utara district stands thousands of buildings owned by both the community and the government, where the majority have no legal proof of domination. The problem in this study is the legal status of the ownership of land in the border coastal areas and the policy of the local government in providing legal solutions to control the use of land in coastal areas. Based on the results that concludes the legal status of the land of coastal residents who live in the region as the right boundary, as the conversion of Hak Guna Usaha (HGU) by PT.Inhutani is used, that researchers know ended Hak Guna Usaha ( HGU) was on the ground since 2009. But it was extended to 2038. While the legal solution for providing legal certainty of the owner of the building in the country of PT. Inhutani receives until the bleaching of the rights building use rights (HGB) to the community, because PT. Inhutani is no longer productive / operates and produces forest products, in Nunukan sub-district, Nunukan Utara village, but only the establishment of settlements and thousands of municipal and state buildings.

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