scholarly journals Land Ownership of Territorial Communities

2020 ◽  
pp. 174-183
Author(s):  
Svitlana HRYNKO ◽  
Ivan KOSTIASHKIN

Taking into account the ongoing democratic transformations in our country, the decentralization reform deserves special attention, which is aimed at ensuring broad independence of territorial communities in solving their own socio-economic problems of a particular region. One of the key issues of such a reform is the formation of capable administrative-territorial units, endowed with full power not only in terms of administrative management but as full owners of the relevant resource base grounded on land. Unfortunately, the transformations carried out in Ukraine through privatization in general and privatization of land and legislative consolidation of new forms of land ownership have led to uncertainty about the object composition of communal land ownership, failed to ensure social harmony, creating crisis phenomena of demographic and socio-economic nature, especially in rural areas. As a result, the legal model of state regulation of land relations remains incomplete, in which the balance of private and public interests in land use within territorial communities would be ensured by law, which determined the content of the study. The work analyses the theoretical and normative principles of land ownership, in particular, the conclusion that the form of land ownership due to its functional purpose and special subject-object composition, determines the mechanism of formation and termination of ownership. Scientific conclusions and recommendations are formulated, on which it is expedient to build a modern state policy on the formation and establishment in society of the concept of communal ownership of land as a basis for the effective development of territorial communities. According to the results of the study, the need to change the administrative-territorial division by regulating the community at the constitutional level as the primary administrative-territorial unit, which is the basis for the formation of communal land ownership. Amendments to the Land Code of Ukraine are proposed in order to determine the right of communal ownership of land within territorial communities.

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Nastina Olha ◽  

The article examines the formation of communal land ownership law, formation of legal regulation in the field of consolidating the status of territorial communities as subjects of communal property, the impact of decentralization of powers processes on resolving the issue of the legal regime of territorial communities’ lands and united territorial communities’ lands, determination of scientific approaches to the formation of the model of communal land ownership law in Ukraine. It is updated the legislator’s inconsistency in determining the principles of building the institution of communal land ownership law, lack of a well-founded concept of communal property law, legislative contradictions of approaches to the creation of sustainable local self-government in Ukraine, based on the priority of land interests of territorial communities. Scientific attention is paid to preconditions for determining the constitutional status of territorial communities, legislative consolidation of the grounds for the formation of communal land ownership in the state, solving the problem of the definition of «communal land ownership law» absence in current legislation. Focused attention on legitimization of the powers to exercise the communal property law through the solution of the issue of land and legal competence of territorial communities, improvement of their status as subjects, who exercise the right of communal ownership of land directly or through local governments, the exercise of the right of communal ownership of land in the ways specified in the land law. According to the study it is established that the Constitution of Ukraine has provided the necessary prerequisites for the formation of a fundamentally new land system in the field of communal property on the land of communities. An important scientific task in modern conditions is improving the legal regulation of land and legal competence of territorial communities as subjects of communal land ownership for the sustainable development of territories. It is determined that the acceleration of administrative and land reforms will contribute to the full legitimization of the united territorial communities and the formation of territorial communities as equal subjects of land ownership. Keywords: territorial communities, decentralization, local government reform, communal land ownership


2020 ◽  
Vol 8 (5) ◽  
pp. 62-71
Author(s):  
Alexander Lavruk

Attention is drawn to the fact that the livestock industry occupies a leading place not only in the economy of many European countries, but also is crucial in ensuring their food security. Foreign experience of revival and development of the livestock industry is considered. It is indicated that an important component of ensuring the stable development of each country, the life of society and the livestock industry is state policy. The role of state policy of European countries and mechanisms for its implementation in this important process are defined. It is established that the state policy measures of various European countries focus on the development of programs for state assistance to the development of farms in order to increase their competitive ability, financial support for their producers and provide various types of resources. At the stage of developing a state policy and for the purpose of its effective implementation, a system of means, tools and methods is determined by which the policy implementation mechanism is formed. Common features in the development of animal husbandry in different European countries are identified and its features are highlighted. Taking into account global trends, priority areas for the development of such sub-sectors of animal husbandry as cattle breeding, pig breeding, and sheep breeding are identified. It is noted that for the further effective development of Agriculture and the maintenance of animal husbandry in the most vulnerable rural areas, an important role is played by state regulation mechanisms aimed at social security of existing producers, especially young farmers in areas where agriculture is their main source of income. It is proposed to continue creating appropriate conditions for the full entry of animal husbandry into efficient production and full provision of the domestic market with high-quality, competitive, environmentally friendly livestock products.


2021 ◽  
pp. 002190962110204
Author(s):  
Paulus Mwetulundila

Rural communities depend on land for socio-economic livelihoods. However, owning land remains a critical challenge in post-independence Namibia for women, despite institutionalised laws and policies designed to redress gender inequalities. This paper discourses on the hindrances to equitable communal land ownership in nine regions among women aged 18–60 years. Findings reveal a high perception among women themselves that women should own land in communal areas. The study concludes that the struggle for equitable land distribution is far from being over, despite various government interventions to address the status quo, and hence recommends the overhaul of existing legal frameworks.


Author(s):  
Muhamad Fadhil Nurdin

In the context of conflict on communal land ownership between Lewobunga and Lewonara Villages, in East Nusa Tenggara, Indonesia this article found that not all the western sociological theories are relevant to analyze social conflicts in Indonesia which culturally diverse in the both villages. Generally, this article attempts to examine two main issues. First, to examine the existing sociological theories in relations with the local communal land ownership in Indonesia. Second, to examine the sociological theories in the context of communal land ownership conflict between Lewonara and Lewobunga villages. This is qualitative research with Hermeneutic Reproductive approach and the result of this article obtained from the fieldwork data.


2005 ◽  
Vol 34 (2) ◽  
pp. 97-103 ◽  
Author(s):  
J.R. Franks ◽  
Irina Davydova

Following laws allowing the private ownership of land, a commercial private farming sector has emerged in Russia. The growth of this sector has been constrained by the difficult macro- and agricultural economic climate of the 1990s and mixed political signals over land ownership. These factors together resulted in the authorities continuing to make financial support available to underperforming large-scale enterprises (LSEs) through debt-restructuring programmes. This paper shows that, although stagnant in size, the considerable restructuring within the private farming sector has increased the number of options available to the authorities for maintaining economic activity in rural areas. Using case studies from interviews with farmers, municipal authority employees and agricultural economists, the paper reveals how these options are being implemented. Some possible consequences for the rural economy and communities are considered.


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