Open AccessLegal-Factual Element of Unpaid Privatization of Land Plots by Citizens of Ukraine in the Order of Allotment as of the Basis for the Occurrence of Land Legal Relations of Private Ownership Right
Author(s) -
Sergiy Grynko
Publication year - 2020
Publication title -
časopis kiïvsʹkogo unìversitetu prava
Language(s) - English
Resource type - Journals
ISSN - 2219-5521
DOI - 10.36695/2219-5521.2.2020.65
Subject(s) - allotment , normative , land law , land tenure , order (exchange) , property rights , legal research , business , land use , law and economics , law , economics , political science , geography , finance , market economy , civil engineering , archaeology , engineering , agriculture
The article proposes the result of a theoretical study on detection and analysis of the system of the relevant legal facts and legalcompositions as one of the elements of the basis for the occurrence of land legal relations (property rights to land plots) as unpaid privatizationof land plots in the order of allotment. The definition of privatization of land plots in the order of allotment as the basis forthe occurrence of relations of ownership of land under the aforementioned method of acquisition of rights is given.In the sphere of unpaid privatization of land plots by citizens of Ukraine in the order of allotment there is a factor of informationaland normative legal nature in the form of a vast system of objective legal norms, reflecting:– model of complex legal composition, i.e. system (complex) of legal facts and legal compositions, and also legal conditions ofthe basis for the occurrence of the land legal relationship accumulated in the legally defined order by the corresponding persons of theland privatization legal relations;– model of legal consequence in the form of the occurrence of the legal relationship of private ownership of land parcel;– cause-effect relationship between the model of complex legal composition and the model of legal consequence (i.e. matrix relationship).Unpaid privatization of land plots in the order of allotment as a basis for the occurrence of relations of land plot ownership is aholistic system of interrelated circumstances (legal conditions) of legal-factual causal, intellectual, legal normative and informationalnature, which is the source for the occurrence (beginning of existence) of the legal relationship of private ownership of land plot.The legal-factual element of the basis for the occurrence of land-privatization legal relationship is the legal fact of filing a privatizationapplication and the necessary documents that must be attached to the mentioned application.The legal-factual element of the basis for the occurrence of land legal relationship of ownership of land plot in the process ofunpaid privatization of land plots by citizens of Ukraine is quite volumetric and represents a complex legal composition, which consistsof a system (complex) of legal facts and legal compositions, as well as legal conditions of the basis for the occurrence of land legalrelation, accumulated in the stipulated order by the appropriate parties of land-privatization legal relations.