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Land Market of Ukraine: Problems of Legislative Regulation

  • Zemko, Alla (Department of Law, Lutsk National Technical University) ;
  • Bukanov, Hryhorii (Department of Constitutional, Administrative and Labor Law, Zaporizhzhia Polytechnic National University) ;
  • Zadorozhnia, Halyna (Department of Administrative, Financial and Information Law, Kyiv National University of Trade and Economics) ;
  • Vinyukova, Olha (Sector of Marketing and Economic Research, Donetsk State Agricultural Science Station) ;
  • Yefimenko, Kristina (Sector for Management of State Property, State Agency for Infrastructure Projects of Ukraine, Marathwada University)
  • Received : 2021.12.05
  • Published : 2021.12.30

Abstract

The article examines the main problems of land market formation in Ukraine. The article is devoted to the study of problems and prospects of land market introduction after the abolition of the ban on alienation. The advantages and disadvantages of lifting the moratorium on the purchase and sale of agricultural land are highlighted. The experience of such European countries as France, Germany, Latvia, Romania and Poland in regulating the market of agricultural lands is analyzed. The historical stages of market formation, features of state policy in this area are considered. The authors found that in these countries the market for agricultural land is well developed and works effectively, which has positive consequences for the economy of these countries. After analyzing the experience, we identified common elements of an effective mechanism for regulating the land market in European countries, which can be implemented in Ukraine. It is emphasized that after the opening of the land market it is necessary to prevent the concentration of a large number of agricultural lands in the hands of one person or close persons and it is necessary to create an effective supervisory body, whose main functions will be supervising sales prevention of speculation in the land market. Emphasis is placed on the need to improve legislation in the field of land, organizational and informational conditions for land reform. The Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Concerning the Circulation of Agricultural Land" was analyzed, the adoption of which put an end to the systematic extension of the moratorium on the sale of agricultural land. The positive aspects of such reservations are noted, such as the gradual introduction of the land market, quantitative restrictions, the lower limit of the value equivalent, which can not be less than the normative monetary value. At the same time, the problem is that the lack of an imperative norm on termination of the lease agreement in case of refusal of the lessee to purchase such land at a price not lower than expert assessment, will negatively affect its price formation and actually make the landlord hostage.

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References

  1. Draft Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Concerning the Conditions of Circulation of Agricultural Lands" of January 3, 2020 No 2178-10. URL: http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=670
  2. Sabluk P.T. Economic interest in the development of agricultural production: a monograph. Kyiv: NSC IAE, 2014. 356 p.
  3. Home I.Ya. Expropriation of land plots for public needs or on the grounds of public necessity as a ground for termination of ownership of land: dis. ... Cand. jurid. Science. Odessa, 2015. 230 p.
  4. Lyovochkina V.M. Legal regulation of land turnover under the laws of China and Ukraine: comparative legal analysis: dis. ... Cand. jurid. Science. K., 2016. 237 p.
  5. Arnaut A.G. Land reform in Ukraine and Romania: a comparative analysis of legislation: author's ref. dis. ... Cand. jurid. Science. Odessa, 2007. 19 p.
  6. Dudych G. Foreign experience in improving land relations in agriculture. Bulletin of Lviv National University. Economics of agro-industrial complex. No 18 (1). 2011. pp. 382-387.
  7. Land law of Ukraine: textbook. M.V. Shulga (supervising author), G.V. Anisimova, N.O. Bagai, A.I. Hetman and others; for ed. M.V. Shulgi. K .: Jurinkom Inter, 2004. 368 p.
  8. Svitlana Iasechko, Alla Ivanovska, Tetyana Gudz, Mykola Marchuk, Oleksandr Venglinskyi, Alla Tokar Information as An Object of Legal Regulation in Ukraine/ IJCSNS International Journal of Computer Science and Network Security, VOL.21 No.5, pp. 237-242 https://doi.org/10.22937/IJCSNS.2021.21.5.33
  9. Svitlana Iasechko, Yurii Kuryliuk, Volodymyr Nikiforenko, Andrii Mota, Nadiia Demchyk, Volodymyr Berizko Features of Administrative Liability for Offenses in the Informational Sphere/ IJCSNS International Journal of Computer Science and Network Security, Vol. 21 No. 8 pp. 51-54 https://doi.org/10.22937/IJCSNS.2021.21.8.7
  10. Dmytrasevych N., Litvyak A. The National Academy of Agrarian Sciences of Ukraine is one of the largest landowners of the state.URL:https://pravo.ua/nacionalna-akademija-agrarnih-nauk-ukraini-odin-z-najbilshih-latifundistiv-derzhavi/