Establishment of legal regulation in the field of identified the status of territorial communities as subjects of communal ownership on land

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

Gender Perspectives in Namibia’s Communal Land: Exploring Women’s Hindrances to Equitable Land Ownership

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.

Land Ownership of Territorial Communities

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.

The Communal Land Ownership Conflict between Lewobunga and Lewonara Villages, East Nusa Tenggara, Indonesia

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.

Traditional Knowledge on The Animal Utilization by The Hatam Tribe of Manokwari, West Papua Province

<p class="IsiAbstrakIndo"><span lang="EN-GB">Animal utilization in traditional community life is an integral part of traditional knowledge itself. This research aims to reveal the Hatam people’s traditional knowledge about the utilization of animals in their lives. The method used is the exploratory survey method. The respondents were determined purposively using the snowball sampling technique. The results showed that there are at least 55 species of animals commonly used by the Hatam people. Based on the forms of utilization, the animals can be divided into six groups: consumption, traditional medicine, specific meanings, traditional technology and arts, significant value, and traditional purposes. Wild animals are most widely used for the living needs of the Hatam people. The traditional hunt that is limited and the communal land ownership system (</span><em><span lang="EN-GB">ulayat</span></em><span lang="EN-GB"> system) practiced by the Hatam people have indirectly helped preserve and ensure the availability of wildlife for the Hatam people’s needs. In addition to being a form of documentation of Hatam people’s traditional knowledge, the results of this research also have significance for the development of science especially in the field of ethnozoology. The form of interaction between Hatam people and animals revealed in this research can also serve as a reference for designing development policies related to the presence of Hatam people in the Arfak mountains. </span></p>

Social Change and Land Use in Prehistoric Dalmatia

The Neothermal Dalmatia Project is an Anglo-Yugoslav collaborative project whose aims are to define and explain changes in physical environment, settlement pattern and social structure in north Dalmatia over the last 12 millennia. The Project's fieldwork included archaeological field survey, analytical survey, trial excavation of Neolithic, Copper Age, Bronze Age, Iron Age and Roman sites, soil and land use mapping, ethnographic survey of modern villages and hamlets and palaeoenvironmental reconstructions (pollen, sediments, sea-level change, etc.). Within the long-term constraints of a limestone-dominated study region, the short-term events and medium-term agrarian and demographic cycles of the Dalmatian social groups have been studied in an inter-disciplinary manner. In this article, an attempt is made to examine the environmental and archaeological data within the frameworks of four explanatory models: the Land Use Capability (LUC) Model, the Cyclic Intensification–Deintensification (CID) Model, the Communal Ownership of Property (COP) Model and the Arenas of Social Power (ASP) Model. In the LUC model, reconstructions of past land use capabilities are used to derive postdictions of the most likely settlement patterns for successive periods (Neolithic–Roman); a high degree of postdictive success is met. In the CID model, Bintliff's model of cyclic variations in agricultural intensification and private land-holding is refined and tested against survey and excavation data. In the COP model, Fleming's model of communal land ownership is tested against similar data, with contrasting results. Finally, the ASP model is used to explain the expanded range of arenas of social power which develops from a place-based worldview in the early farming period. The conjoint use of these four explanatory models, which operate at different scales of duration, provides a broader basis for understanding changes in the prehistory of north Dalmatia in the Neothermal period than had previously been constructed.