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LEGAL REGULATION OF AGRICULTURAL LAND TURNOVER IN UKRAINE: COMPARATIVE ANALYSIS WITH COUNTRIES EU

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 68)

Publication Date:

Authors : ; ; ;

Page : 62-67

Keywords : land use; land protection; land legal relations; legal regime of lands; land use; ownership; limitation of rights; land disputes; agricultural land; land turnover;

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Abstract

The scientific article is devoted to the issue of market circulation of agricultural land in Ukraine based on a comparative analysis with EU countries. In order to realize the set goal, the main problems that arose after the adoption of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine Regarding Conditions of Transfer of Agricultural Lands» are given. It is substantiated that Ukraine uses a strict model of state regulation and such regulation should be aimed at effective use of agricultural land. Considered the importance of expanding access to agricultural land for peasants who are engaged in personal farming and farmers by changing the existing model of state regulation: establishing qualification conditions for legal entities — buyers, and also considered the possibility of reducing the maximum area of agricultural land that can be owned a citizen of Ukraine. It has been proven that the state should provide financial support to farms, small and medium-sized agricultural enterprises for the purchase of agricultural land plots, in order to be able to compete at open land auctions with other market participants who have a sufficient supply of their own monetary resources. Particular attention is paid to the imperfect regulation of the preemptive right, which is likely to lead to a significant amount of litigation in the future. Therefore, the authors propose to make changes to the Civil Code of Ukraine and to cancel the norms on the transfer of preferential rights to other persons, in connection with their legal nature, namely the inalienability of such rights.

Last modified: 2023-12-19 02:59:06