TOOLS FOR DIGITALIZATION OF LAND RELATIONS
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 75)Publication Date: 2024-05-31
Authors : Horun Yurii;
Page : 123-129
Keywords : digitalization; land relations; land law; state registration; land plot;
Abstract
Introduction. The Basic Law of Ukraine states that land is an object of ownership of the Ukrainian people. The owner's rights on behalf of the Ukrainian people are exercised by authorized state bodies and local self-government bodies. The relevant legal provision is further expressed in a specialized, codified act, namely the Land Code of Ukraine. The Land Code of Ukraine clearly regulates the powers of state and local authorities in the field of land relations, as well as the procedure for acquiring land plots. In addition to the Land Code of Ukraine, there are other legal acts that regulate land relations, the main ones being the Law of Ukraine No. 858-IV “On Land Management” dated 22.05.2003 and the Law of Ukraine No. 3613-VI “On the State Land Cadastre” dated 07.07.2011. Analyzing the current state of regulation of land relations, it can be concluded that such regulation is outdated and does not use modern technologies. Modern technologies include digitalization, as a certain technological phenomenon associated with the digitization of documents and their transfer from paper to digital form. When analyzing other areas of law, it can be found that digitalization is quite widely used in the field of construction. Thus, almost all documents created by construction participants are exclusively in digital form without using paper media. A similar process of functioning and exchange of documents can be used in land relations, which will greatly simplify their regulation. At the same time, the introduction of relevant innovations does not require the development of a new registry/portal/etc., but rather the use of portals that are already developed and functioning. Such a portal is the Unified State Electronic System in the Field of Construction, which already has modules related to land management. Purpose. The purpose of the study is to review the use of technologies in the regulation of land law-related industries and institutions, and the prospects for the use of relevant technologies in the regulation of land relations. Materials and methods. The author used the legal acts regulating relations in the field of land law, as well as scientific works of domestic and foreign scholars who have studied similar issues. In addition, the following methods of scientific cognition were used in conducting the relevant scientific research — formal and dogmatic methods; systematic method of scientific cognition; comparative legal method; method of legal modeling. Results. The article reveals the essence of digitalization in land legal relations. Digitalization in land law should be understood as the phenomenon by which land relations are regulated digitally, using modern technologies and reducing the number and volume of paper documents. The process of land ownership registration can already be greatly simplified by using the tools that exist in related areas of law. The example of the portal of the Unified State Electronic System in the Field of Construction (hereinafter referred to as the USESC) can be used to implement a pilot project on land ownership, provided that there is a real estate object on such a land plot registered in accordance with applicable law and the person who owns the object has not received the land plot free of charge.
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