Open AccessThe Institute Decision Of Land Disputes In The System Of The Land Law
Author(s) -
Z.V. Yaremak
Publication year - 2019
Publication title -
ènergosbereženie, ènergetika, ènergoaudit
Language(s) - English
Resource type - Journals
eISSN - 2313-8890
pISSN - 2218-1849
DOI - 10.15330/apiclu.51.99-110
Subject(s) - land law , settlement (finance) , law , land management , legislation , land use , legislature , land consolidation , political science , land tenure , law and economics , business , environmental planning , environmental resource management , economics , geography , agriculture , civil engineering , engineering , archaeology , finance , payment
The article deals with the theoretical and legal research of the Institute of Land Disputes as a separate type of land legal relations. The modern scientific concepts of understanding the legal nature of the settlement of land disputes in the science of land and environmental law are analyzed. It is concluded that the legislative consolidation of the settlement of land disputes as a guarantee of land rights determines the peculiarities of determining the content of this legal category as a type of land legal relations, regulated by the rules of land legislation.
On the one hand, as a guarantee for the protection of human rights, the resolution of a land dispute is viewed through the prism of its effectiveness, which is ensured (implemented) with the help of public authorities within the powers defined by law to make a decision that will restore the violated, unrecognized or contested right. On the other hand, the settlement of land disputes is seen as a kind of land management relations of procedural content.
On the basis of a systematic analysis of the provisions of the Land Code of Ukraine, it is concluded that Section V of the Land Code of Ukraine contains only legal guarantees for the protection of land rights, not guarantees for land rights, and leaves out the guarantees of realization and protection of land rights, which are defined outside this section.
The urgent issue remains the effectiveness of resolving land disputes and strengthening its importance as a guarantee for the protection of land rights. This raises practical problems of differentiation of competence, efficiency of procedures of consideration of cases and execution of decisions in land disputes. The lack of quality legal regulation causes the settlement of land disputes as a guarantee for the protection of land rights not receiving proper practical implementation and to some extent being declarative.