Legal Regulation of Land Lease in Ukraine

  • Dmytro V. SANNIKOV Department of Land and Agricultural Law, Yaroslav Mudryi National Law University, Kharkiv, Ukraine
  • Svetlana V. KHOMINETS Department of Land and Agricultural Law, Yaroslav Mudryi National Law University, Kharkiv, Ukraine
  • Denys L. KOVACH Department of Life Safety and Law, Kharkiv National Technical University of Agriculture named after Petro Vasylenko, Kharkiv, Ukraine
  • Rymma A. TSYLIURYK Department of Land and Agricultural Law, Yaroslav Mudryi National Law University, Kharkiv, Ukraine
  • Alona O. CHYRYK Department of Land and Agricultural Law, Yaroslav Mudryi National Law University, Kharkiv, Ukraine
  • Olena M. SAVELIEVA Department of Land and Agricultural Law, Yaroslav Mudryi National Law University, Kharkiv, Ukraine
DOI: https://doi.org/10.14505/jarle.v11.4(50).36

Abstract

The paper investigates the legal regulation of land lease in Ukraine. The expediency of strengthening the role and responsibility of the state in the field of conservation of leased land is substantiated. The current legislative provisions governing the legal issues of leasing land plots in Ukraine are provided. The main issues of legal regulation of land lease in Ukraine are formulated from the standpoint of the current legislative acts. The relevance of the issue is determined by the urgent need to resolve all issues arising between the parties upon handover (acceptance) of land for lease in Ukraine within the framework of the current legislation. Legal regulation of all issues related to the lease of land in Ukraine helps to prevent and resolve disputes between the parties related to ignorance, or failure to perform obligations of lease agreements, which are consolidated by the provisions of the current legislation, by any of the parties. Relations between lessees and lessors acquire a legislative framework, which greatly facilitates the resolution of all possible disputes. The practical significance of the study lies in identification and statement of the main regulations of current legislation, which objectively govern the issues of lease relations between the parties in Ukraine, from a legal position. The results of the paper, the conclusions and opinions contained therein, can be used in practical activities by organizations and individuals concluding lease agreements with each other for the right to use land plots in order to settle their lease obligations from the standpoint of the law. Of particular importance is the ability to facilitate the successful resolution of disputes between parties entering into lease relations, or to completely avoid them.


 

References

[1] Chervilovsky, Z.M. 1994. Readings on the general history of state and law. Nauka.
[2] Decree of the President of Ukraine ‘On the Procedure for Distribution of Land Transferred to Collective Ownership of Agricultural Enterprises and Organizations’. 1995. http://search.ligazakon.ua/l_doc2.nsf/link1/U720_95.html.
[3] German Civil Code. 1986.https://www.gesetze-im-internet.de/englisch_bgb/.
[4] Gutorov, V.A. 2008. The peasant problem. Readings of liberal-conservative views of foreign and Russian authors of the 18th-20th centuries. Timiryazev Moscow Agricultural Academy.
[5] Karabin, M. 2019. Issues related to updating the cadastre in the course of building process. Paper presented at the International Multidisciplinary Scientific GeoConference Surveying Geology and Mining Ecology Management, 183-188, December 9-12, in Vienna, Austria.
[6] Krivolapova, L.V., and Gerasimova, N.S. 2008. Land lease agreement. Orenburg State Agricultural University.
[7] Kulinych, P.F. 2003. The right to a land part (share) and its enjoyment. Yurydychnyi Zhurnal 243: 117-124.
[8] Kulinych, P.F. 2013. Legal regulation of agricultural land lease based on public-private partnership: opportunities for improvement. Yurydychna Ukraina 7: 76-82.
[9] Land Code of Ukraine. 2001. https://zakon.rada.gov.ua/laws/show/2768-14.
[10] Law of Ukraine ‘On Land Lease’. 1998. https://www.profiwins.com.ua/legislation/laws/89-161-xiv.html.
[11] Law of Ukraine ‘On the Procedure for Allocating Land in Kind (on the ground) to Owners of Land Parts (Shares)’. 2003. https://zakon.rada.gov.ua/laws/show/899-15.
[12] Liakhovych, G., et al. 2019. The organizational-economic aspects of land relations provision by administrative-territorial reform in Ukraine. Problems and Perspectives in Management 17(2): 479-492.
[13] Nizalov, D., et al. 2016. Security of property rights and transition in land use. Journal of Comparative Economics 44(1): 76-91.
[14] On Approval of the Form of the Model Agreement of Land Part (Share) Lease: the order of the State Committee of Ukraine on Land Resources. 2000. https://zakon.rada.gov.ua/laws/show/z0101-00.
[15] Pličanič, S. 2019. Sustainable urban development, land-use planning and public-private partnership. Lex Localis 17(4): 1081-1095.
[16] Ronchi, S., et al. 2019. Policy instruments for soil protection among the EU member states: a comparative analysis. Land Use Policy 82: 763-780.
[17] Sviderskyi, O., Havrylenko, O., Kovalenko, K., and Shlapko, T. 2019. Administrative and legal mechanism of land relations protection in Ukraine and Russia: comparative legal analysis. Asia Life Sciences 2: 45-57.
[18] Tuyakbayeva, N.S., et al. 2018. Liability for violations of land legislation. Journal of Legal, Ethical and Regulatory Issues 21(1): 34-37.
[19] Vigier, E., et al. 2019. Joint analysis of environmental and risk policies: methodology and application to the french case. Environmental Science and Policy 101: 63-71.
[20] Zalessky, V.A. 2005. Land plot: ownership, lease, and other rights in the Russian Federation and foreign countries. Publishing House of Tikhomirov M.Yu.
Published
2020-06-15
How to Cite
SANNIKOV, Dmytro V. et al. Legal Regulation of Land Lease in Ukraine. Journal of Advanced Research in Law and Economics, [S.l.], v. 11, n. 4, p. 1398 – 1404, june 2020. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/5344>. Date accessed: 30 oct. 2024. doi: https://doi.org/10.14505/jarle.v11.4(50).36.
Citation Formats
Issue
Vol 11 No 4 (2020): JARLE Volume XI Issue 4(50) Summer 2020
Section
Articles

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