| Autor: |
L. О. Litvinova, V. I. Chuienko |
| Rok vydání: |
2021 |
| Předmět: |
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| Zdroj: |
Constitutional State. :101-109 |
| ISSN: |
2411-2054 |
| DOI: |
10.18524/2411-2054.2021.44.245084 |
| Popis: |
The provisions of the scientific article provide a comparative description of the functioning of the “land market” in Europe and Ukraine, as well as analyze the practical aspects of concluding contracts of sale of agricultural land. The authors propose to understand the “land market” as public relations regulated by the current legislation of Ukraine arising from the exercise by landowners of subjective rights to such plots, including public authorities and local governments exercising the rights of the owner to land on behalf of the Ukrainian people. The study examines the experience of the “land market” and the conclusion of contracts of sale of the latter in Germany, Latvia and France and identifies common and distinctive features of such functioning with the practice of Ukraine. The study analyzes the positive provisions of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the Circulation of Agricultural Land”, namely: lifting the moratorium on the purchase and sale of agricultural land; establishing requirements for citizens of the country regarding the availability of special education and experience in the field of agriculture; setting restrictions on the maximum area of agricultural land provided to one person; creation of a special body, the main function of which is to control the sale and purchase transactions; granting a preemptive right to a tenant, a local government body or a specially created body; establishment of control for the purpose of acquisition of agricultural land and the price of the contract. The authors identified shortcomings in the procedure for concluding contracts for the sale of agricultural land under Ukrainian law and proposed to use the experience of leading European countries that have already passed their own path of transformation of the “land market” and have accumulated extensive positive experience of the institute of purchase and sale of agricultural land. appointment. The authors came to the conclusion that the issue of the legal procedure for concluding contracts of sale of agricultural land still needs detailed scientific elaboration and improvement in practice. |
| Databáze: |
OpenAIRE |
| Externí odkaz: |
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