Open AccessTHE RIGHT TO THE LAND (PAY) IN THE LAND RIGHTS SYSTEM IN UKRAINE
Author(s) -
Тетяна Коваленко
Publication year - 2019
Publication title -
socìalʹne pravo
Language(s) - English
Resource type - Journals
ISSN - 2617-5967
DOI - 10.37440/soclaw.2019.01.08
Subject(s) - land tenure , cadastre , agricultural land , land law , nonpossessory interest in land , business , restructuring , land use , property rights , common ownership , leasehold estate , land consolidation , agricultural economics , agriculture , economic system , market economy , economics , geography , law , political science , finance , civil engineering , archaeology , engineering
The article analyzes the legal nature of land share and of the right to land share before and after restructuring of non-state agricultural enterprises. The special features of the right to land share in the system of land rights in Ukraine are determined. The last legislative changes and their influence on the transformation of the legal nature of the right to land share are researched. Among the objects of land legal relations the land share is a special legal category, which must be distinguished from the allocated land plot, as well as from the average land share. Land share as a special object of land legal relations has a number of spe ial features, namely: a) it does not exist as an object of the material world (nature), because is not allocated; b) it has value and quantity dimension; c) the value of land share was determined in a normative way, based on the monetary valuation of the land, transferred to the collective ownership, and the number of members of a non-state agricultural enterprise; d) the size of land share was determined in the conventional cadastral hectares; e) it was formed as a result of disintegration of land that was transferred to the collective property of non-state agricultural enterprises – collective agricultural enterprises, agricultural cooperatives, agricultural joint-stock companies; f) equity of land shares for all persons, who have the right to it in accordance with the legislation of Ukraine; g) the right to a land share is certified by a special document – Certificate for the Right to Land Share. Subjective right to land share is a guaranteed by land legislation and certified by Certificate for the Right to Land Share specific right of a citizen of Ukraine or of a legal entity of Ukraine to require the allocation of a specific land plot and its registration as a private ownership of such person or entity. The legal nature of the right to land share has undergone a significant transformation in the process of land reform, namely: a) from 1995 until 2002, such right was obligatory, and since 2003 (after the restructuring of non-state agricultural enterprises) acquired signs of real; b) since 2001, the right to land share has become restrictive due to the legal «temporary» prohibition on concluding agreements on the alienation of land shares, despite the fact that the ECHR in decision of 2018 states that land rights restrictions in Ukraine are violating human rights;c) since 2019, the right to land share has become a right of a temporary nature and should be realized by 2025.