LEGAL REGIME OF BOUNDARIES OF TERRITORIES OF TERRITORIAL COMMUNITIES
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 74)Publication Date: 2024-04-30
Authors : Potapenko Sergii;
Page : 41-46
Keywords : administrative-territorial unit; territory of a territorial community; boundary of territory of a territorial community; comprehensive plan of spatial development of territory of a territorial community;
Abstract
The article analyzes the legal regime of the boundaries of the territories of territorial communities. It was considered that the boundaries of the territories of territorial communities approved by the Cabinet of Ministers of Ukraine, determined by the boundaries of the territories of village, settlement, and city councils as administrative-territorial units, are conditional, and therefore need to be established according to the land management project. It is argued that the legal boundaries of the territory of the territorial community are considered established from the moment of entry into force of the decision of the competent authority on the approval of the land management project. The complexity of the development of the land management project regarding the establishment of the boundaries of the territory of the united territorial community is substantiated, in which both Land law; agrarian law; environment law; natural rights ЗЕМЕЛЬНЕ ПРАВО; АГРАРНЕ ПРАВО; ЕКОЛОГІЧНЕ ПРАВО; ПРИРОДОРЕСУРСНЕ ПРАВО 42 // Міжнародний науковий журнал «Інтернаука». Cерія: «Юридичні науки» // № 4 (74), 2024 // Земельне право; аграрне право; екологічне право; природоресурсне право // the external boundaries of the territory of the entire united territorial community and the borders of the territories of all internal communities that are part of the united territorial community must be determined, which needs to be finalized. The territory of the territorial community was analyzed as an object of land management, as an object of urban planning, as the third level in the Codifier of administrative-territorial units and territories of territorial communities, in connection with which the influence of the specified characteristics on the formation of the legal regime of the territory of the territorial community was emphasized. It has been proven that state-owned land plots that have entered the territory of a territorial community become communal property of the community only after the state registration of communal property rights on them in the State Register of Property Rights to Immovable Property, and all other lands not formed into land plots pass to communal property from the moment of entry into force of the decision on establishing the boundaries of the territory of the territorial community. At the same time, attention was drawn to the failure to determine the legal ownership of communally owned lands in the event that part of them enters the territory of a neighboring territorial community. It is argued that when a part of the lands of the adjacent territory of a territorial community joins the new borders of the territory of another territorial community, at the same time, the authority to manage these lands is transferred to the local self-government bodies of another territorial community.
Other Latest Articles
- PRINCIPLES AND MEANS OF PREVENTING FINANCIAL OFFENSE
- ADMINISTRATIVE AND LEGAL STATUS OF THE AUTHORITIES OF THE PROSECUTOR’S OFFICE OF UKRAINE
- LEGAL BASIS OF ELECTRONIC IDENTIFICATION IN UKRAINE
- LAW ENFORCEMENT FUNCTION OF THE PROSECUTOR’S OFFICE OF UKRAINE
- REGARDING THE LEGAL STATUS OF THE SPECIALIZED ANTI-CORRUPTION PROSECUTOR’S OFFICE: THE SEARCH FOR AN OPTIMAL MODEL
Last modified: 2024-12-17 22:25:34