ENFORCEABILITY OF THE LAND REFORM IN UKRAINEJournal: Herald of Kyiv National University of Trade and Economics (Vol.93, No. 1)
Publication Date: 2014-02-14
Authors : JARMYSH Oleksandr; GURZHII Taras;
Page : 83-92
Keywords : land; reform; administration; law; legislation.;
Background. As analysis of the rule-proclaiming and enabling legislation practice affirms that modern state of the land legal regulation terms is far from optimal level. Now in Ukraine the integral system of the branch legislation is absent. The regulatory and legal acts on the land issues are not tied in the integral complex with the single principles of organisation, function and development. The large part of the land legal norms is scattered among branch codes and laws. Mainly the important aspects of the state policy in the land sphere are regulated selectively, fragmentary and with the breach of legal technique. The legislation collisions, legal "gaps" and cases of legal norms doubling happen. The purpose of the article is formation of the complex approach to the solving of the urgent problems of the land reform enforceability in Ukraine. Results. On the basis of problems analysis of the legal regulation of the land terms in Ukraine it was defined that the first steps of the land reform at the up-to-date stage should be: implementation of the "clear" mechanism of the allotments realisation, creation of the state fund of the agricultural lands, formation of the electronic land cadastre, setting of the State land bank effective function, increase of the administrative services quality in the lend resources sphere, land users stimulation to the proper land resources usage, elaboration and adoption of the number of the branch laws, strengthening the liability for torts in the land sphere. Conclusion. Problems of the legal regulation of the land terms in Ukraine are indissolubly interconnected with each other and they cannot be solved separately with uncoordinated efforts. Such situation demands a complex of means to be used, which include all levels of the branch legislation, provide the optimisation of all its links and subsystems and as a conclusion supply the maximum efficiency of the land reform.
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