Open AccessConstructivity of application of the principle of land target purpose
Author(s) -
Volodymyr Yermolenko
Publication year - 2020
Publication title -
law. human. environment
Language(s) - English
Resource type - Journals
eISSN - 2663-1369
pISSN - 2663-1350
DOI - 10.31548/law2020.03.004
Subject(s) - zoning , legislation , land law , environmental planning , land use , property (philosophy) , law , private property , division (mathematics) , environmental resource management , business , land tenure , political science , geography , civil engineering , environmental science , engineering , agriculture , archaeology , mathematics , philosophy , epistemology , arithmetic
The article examines the often criticized as a post-Soviet remnant application of land division into categories by purpose. Based on the analysis of the content of the main codified acts of private law and natural resources, it is concluded that the principle of purpose is not the exclusive property of land law, having a deeper universal nature due to its wide application in various versions of current legislation. In the Land Code of Ukraine alone, about 40 percent of the articles are focused on the purpose of land, which makes it a supporting land law institution, the replacement of which will require the simultaneous replacement of all land legislation. Insufficient substantiation of proposals to replace the purpose with planning and zoning of the territory is proved. Key words: purpose of lands, land categories, land planning, land zoning