Issue №: 9 (49)
Published: 2019.09.25
DOI: 10.37128/2411-4413-2019-9
Description:
The magazine deals with the problems of the agricultural sector of the economy in the context of integration and processes of globalization. Attention is paid to the issues of development of digital economy, rural territories, technologies of enterprise management and organization of accounting, problems of legal support of economic processes, market tendencies of development of various branches of economy. Particular attention is paid to green tourism as a promising segment of the national economy.
The magazine deals with the problems of the agricultural sector of the economy in the context of integration and processes of globalization. Attention is paid to the issues of development of digital economy, rural territories, technologies of enterprise management and organization of accounting, problems of legal support of economic processes, market tendencies of development of various branches of economy. Particular attention is paid to green tourism as a promising segment of the national economy.
LAND PARCEL LEASE: LEGAL ASPECTS
DOI: 10.37128/2411-4413-2019-9-16
PDF
Повернутись
НAVINSKA Elena – Candidate of Law Sciences, Senior Lecturer of the Department of Law,
Vinnytsia National Agrarian University (21000, Vinnitsa, 8/25 Svobody Boulevard, e-mail:
Alyonagaleta@gmail.com).
Annotation
The land legislation of Ukraine is in a state of active reformation, which is being carried out in order to bring Ukraine's legal framework in line with international standards and to implement successful legislative initiatives. An important aspect of the formation of the updated legislative framework in the agricultural sector is the legal regulation of the conclusion of the lease of the land unit. This issue has been investigated by a large number of legal scholars and, having analyzed the work in this field and the existing legal framework, it would be appropriate to dwell on the main points of the topic. Thus, in accordance with regulations, land is a part of the earth's surface with established boundaries, a certain location, with rights defined in relation to it. Scientists have supplemented this definition: land is not just part of the earth's surface with a specific location and boundaries; An obligatory feature of a land plot is its belonging to a certain subject on certain rights.
Investigating the issues of legal personality, the Law of Ukraine "On the procedure for allocation in kind (on the ground) of land plots to owners of land shares (shares)" defines all categories of persons entitled to land share (share), and also specifies the legal documents, the main of which is a Certificate of ownership of land share "share". Based on this document, a citizen has the right to apply to the relevant village (city), city council for the purpose of allocation of land share in kind. The process of allocating the unit in kind is specified in detail in the above-mentioned legal act.
An important legal aspect of this topic is the peculiarities of the contractual relationship between the farmer and the individual who holds the share certificate. According to the current legislation, a lease of land (share) is signed between the above mentioned persons, the typical form of which was approved by the Order of the State Committee for Land Resources of January 17, 2000. In this regard, the views of legal practitioners are divided: some believe that the standard form should include detailed provisions and features of the lease, others argue that a significant detail of the provisions of the standard form of the contract will limit the relationship between the tenant and the owner of the unit. The author shares the view of the latter.
All the terms of the lease of the land share are divided into essential or basic and additional. All conditions are specified in the Law of Ukraine "On Land Lease". The list of essential provisions under the latest version of the law has been narrowed. So, to date, the basic terms of a lease of a land share are: the object of the lease, the term of the contract and the rent.
In addition to the above, the author emphasizes that the standard form of the lease of land share (share) specifies a certain number of conditions that must be taken into account when concluding a lease: the validity of the lease of the share in case of transfer of the plot to another owner and the procedure for re-contracting after allotment of land to the owners of the land (shares) in kind (on the ground.
Another legal aspect of concluding a lease of land (share) is the process of registration of contracts, which is carried out free of charge by the executive committee of the village, settlement, city council at the location of the land share (share). For registration of the land share (share) agreement, the landlord submits in person or by post to the respective local authority a certificate of the right to land share (share) and the lease agreement in 2 copies. Within two days the executive committee of the village, settlement, city council checks the submitted documents, registers or prepares a reasoned conclusion on refusal of registration. The decision on refusal of registration can be appealed in court.
Within this topic, it would be advisable to point out this year's innovations, in particular regarding the publication of consolidated information on the conducted regulatory monetary valuation of land, as well as the amounts and dates of setting local taxes and fees (including land tax) on the SFSU website no later than July 15 this year.
An important aspect of this topic is the corresponding changes made by the Law of Ukraine dated 10.07.2018 No. 2498-VIII “On Amendments to Some Legislative Acts of Ukraine Concerning the Issue of Collective Ownership of Land, Improvement of the Rules of Land Use in the Lots of Agricultural Land, Prevention of Raiding and stimulation of irrigation in Ukraine ", which came into force on 01.01.2019. In particular, this act establishes the process of allocating the share in kind in accordance with the technical documentation of land management, defines the concept of "not claimed land share (share)" and establishes a term for registration of ownership of the share: therefore, if before 01. 01. 2025 The owner of the unclaimed land share (share) or his heir has not issued the ownership right to the land plot, he is considered to have refused to receive the land plot.
Thus, recent legislative initiatives are intended to simplify the procedure for concluding a land lease (share) agreement and prepare the ground for more significant changes in the land legislation of Ukraine.
Keywords:
land share, land plot, lease, land plot lease, land share lease agreement, state registration of land share lease right.
List of references
- Kulynych P. F. (2005). Derzhavna reiestratsiia prav na zemelnu nerukhomist ta zemelnyi kadastr: poniattia, spivvidnoshennia ta pravovi zasady. [State registration of rights to land real estate and land cadastre: concepts, relationships and legal principles.]. Yurydychnyi zhurnal - Law Journal.11 (41). 35–42 [in Ukrainian].
- Miroshnychenko A. M. (2010). Napriamy vdoskonalennia systemy prav na zemelni dilianky. [Directions for improving the system of land rights.] Biuleten Ministerstva yustytsii Ukrainy - Bulletin of the Ministry of Justice of Ukraine. 1(99). 102–112 [in Ukrainian].
- Nastechko K.O. (2010). Zmist i funktsii oformlennia prav na zemelni dilianky. [Content and functions of registration of rights to land plots.] Yurydychna Ukraina - Legal Ukraine. 7. 80–83 [in Ukrainian].
- Zemelnyi kodeks Ukrainy [Land Code of Ukraine] : (2001, October, 25) No. 2768-III.Uriadovyi kurier - Government courier vid 15.11.2001. No. 211. [in Ukrainian].
- Pro orendu zemli : Zakon Ukrainy [On Land Lease: Law of Ukraine]. (1998, October, 06). 161– XIV. Vidomosti Verkhovnoi Rady Ukrainy - Information of the Verkhovna Rada of Ukraine. vid 17.11.1998 — 1998. No. 46, Art. 280. [in Ukrainian].
- Pro nevidkladni zakhody shchodo pryskorennia zemelnoi reformy u sferi silskohospodarskoho vyrobnytstva: Ukaz Prezydenta Ukrainy. [On urgent measures to accelerate land reform in the field of agricultural production : Decree of the President of Ukraine.] (1994. October, 10) 666/94. [Elektronnyi resurs]. - Rezhym dostupu : https://zakon.rada.gov.ua/laws/show/666/942. - Nazva z ekranu. [in Ukrainian].
- Andreitsev V. I., Baliuk H. I., Hetman A. P ta in. / za red. Semchyka V. I. (2007). Zemelnyi kodeks Ukrainy : Naukovo–praktychnyi komentar. [Land Code of Ukraine: Scientific and Practical Commentary.] 3-ye vyd., pererob. i dop. Kyiv : Vydavnychyi Dim «In Yure» (In Yure Publishing House), 896. [in Ukrainian].
- Pro poriadok vydilennia v naturi (na mistsevosti) zemelnykh dilianok vlasnykam zemelnykh chastok (paiv) : Zakon Ukrainy. [On the procedure for allocating land in the nature (on the ground) of land parcel owners (units) : Law of Ukraine]. (2019, January, 01). 899-IV. Vidomosti Verkhovnoi Rady Ukrainy - Information of the Verkhovna Rada of Ukraine. vid 19.09.2003 - 2003. No. 38, Art. 314. [in Ukrainian].
- Vytrebovuvannia zemelnoi dilianky z nezakonnoho korystuvannia : Vysnovok Verkhovnoho Sudu Ukrayiny, sprava № 532/384/16- ts, (2018, Aug 15) [Request for Land from Illegal Corruption : Opinion of the Supreme Court of Ukraine, issue No. 532/384/16-c, dated 15 September 2018], [Elektronnyi resurs]. Rezhym dostupu : www.zib.com.ua - Nazva z ekranu. [in Ukrainian].
- Pro zatverdzhennia Poriadku reiestratsii dohovoriv orendy zemelnoi chastky (paiu) : Postanova Kabinetu Ministriv Ukrainy [On Approval of the Procedure for Registration of Land Lease (Unit) Lease Agreements: Resolution of the Cabinet of Ministers of Ukraine] (2000, January 24). 119. Ofitsiinyi visnyk Ukrainy - Official Bulletin of Ukraine. 2000. 4. 113. [in Ukrainian].
- Pro zatverdzhennia formy sertyfikatu na pravo na zemelnu chastku (pai) i zrazka Knyhy reiestratsii sertyfikativ na pravo na zemelnu chastku (pai) : Postanova Kabinetu Ministriv Ukrainy. [On approval of the form of the certificate on the right to the land share (share) and the sample Book of registration of certificates for the right to the land share (share) : Resolution of the Cabinet of Ministers of Ukraine.] (1995, October, 12) № 801-95-p. [Elektronnyi resurs]. — Rezhym dostupu : https://zakon.rada.gov.ua/laws/show/801-95-p. — Nazva z ekranu. [in Ukrainian].
- Pro derzhavnu reyestratsiyu rechovykh prav na nerukhome mayno ta yikh obtyazhenʹ : Zakon Ukrainy. [About the state registration of real rights to real estate and their encumbrances : Law of Ukraine] (2004, July, 01) No. 1952-IV. Holos Ukrainy - Voice of Ukraine. — vid 03.08.2004. No. 142. [in Ukrainian].
- Pro derzhavnu reyestratsiyu rechovykh prav na nerukhome mayno ta yikh obtyazhenʹ : Postanova Kabinetu Ministriv Ukrainy [About the state registration of real rights to real estate and their encumbrances : Resolution of the Cabinet of Ministers of Ukraine] (2015, December, 25). No. 1127. Uriadovui kurier - Government courier. – 246. [in Ukrainian].
- Pro vnesennia zmin do deiakykh zakonodavchykx aktiv shchodo vyrishennia pytan kolektyvnoi vlasnosti na zemliu, udoskonalennia pravyl zemlekorystuvannia u masyvakh zemel silskohospodarskoho pryxnachennia, zapobihannia reiderstvu ta stymuliuvannia zroshennia v Ukraini : Zakon Ukrainy [On Amendments to Some Legislative Acts of Ukraine Concerning the Issue of Collective Land Ownership, Improvement of Land Use Rules in Agricultural Land, Prevention of Raiding and Encouragement of Irrigation in Ukraine : Law of Ukraine] (2018, July, 10) No. 2498-VIII. Uriadovui kurier - Government courier. – 158. [in Ukrainian].
About the journal
Topics of the journal:
С1 Economics and International Economic Relations (by specialization)
D1 Accounting and Taxation
D2 Finance, Banking, Insurance and Stock Market
D3 Management
D4 Public Management and Administration
D5 Marketing
D7 Trade
J3 Tourism and Recreation
Keywords:
economics
,
international economic relations
,
accounting
,
taxation
,
finance
,
banking
,
insurance
,
stock market
,
management
,
public management and administration
,
marketing
,
trade
,
tourism and recreation
Key information:
ISSN (print): 2411-4413
DOI: 10.37128
All-Ukrainian scientific and production journal “Economics, finance, management: topical issues of science and practical activity” is a peer-reviewed open-access journal that publishes original research, theoretical articles and reviews on a wide range of economic and business issues. The articles, which have scientific and scientific-practical significance, highlight theoretical and methodological aspects of the development of agrarian sector of economy and related industries, the results of fundamental and applied research.
The purpose of the journal is to highlight the results of fundamental and applied research in the field of economic sciences, aimed at developing modern approaches to managing economic processes, financial support for enterprise activities and increasing the efficiency of economic systems. The publication is focused on creating a scientific environment for the exchange of research results between scientists, higher education students and practitioners in economic sphere, as well as on the dissemination of modern scientific and methodological approaches to solving current economic and management problems. The journal contributes to the development of the research in the field of enterprise economics, finance, accounting, auditing, management, marketing, entrepreneurship, trade, tourism and recreation, public management and administration, economic development and international economic relations, which meets the modern needs of the socio-economic development of the state.
The journal’s objectives are:
• publishing the results of fundamental and applied research in the fields of economics, international economic relations, finance, management, public administration, accounting, marketing, tourism and recreation, and entrepreneurship;
• promoting the development of modern methods of managing enterprises and organizations, increasing the efficiency of using financial and material resources;
• supporting the research aimed at improving the economic mechanisms of enterprise functioning, developing innovative activity, and increasing the competitiveness of economic structures;
• ensuring the scientific exchange of research results between higher education institutions, scientific institutions, and business entities;
• developing methods of economic analysis, forecasting, and modeling of socio-economic processes;
• disseminating of modern approaches to financial management, accounting, taxation, and control of economic activity;
• promoting the development of interdisciplinary research related to the economic support of the development of agrarian sector of economy and rural areas;
• integration of scientific research results into the international scientific space and increasing the level of scientific communication.
Publisher: Vinnytsia National Agrarian University
Link to the journal on the publisher’s website: ”Economics, finance, management: topical issues of science and practical activity”
Frequency of issue: 4 times a year.
Language of publication: Ukrainian, English.
Editor-in-Chief: Inna Honcharuk
State registration: Decision of the National Council of Ukraine on Television and Radio Broadcasting No. 1337 and No. 1178. Media identifier – R30-05171. Publisher registration number (EDRPOU) 00497236.
Publisher’s ROR: https://ror.org/05m3ysc06 Publisher’s DOI prefix: 10.37128 ISSN (print): 2411-4413
Publisher DOI prefix: 10.37128 ISSN (print): 2411-4413
The scientific journal is included in category "B" of the List of scientific professional publications of Ukraine, in which the results of dissertations for the degree of Doctor and Candidate of Sciences in the specialties C1 (051) - Economics, D1 (071) - Accounting and Taxation, D2 (072) – Finance, Banking, Insurance and Stock Market, D3 (073) – Management, D5 (075) – Marketing, D7 (076) – Entrepreneurship and Trade, (241) – Hotel and Restaurant Business, D4 (281) – Public Management and Administration (Order of the Ministry of Education and Science of Ukraine dated March 17, 2020 №409)
History of journal:
Founded in 1997 under the name ”Bulletin of Vinnytsia State Agricultural Institute”. In 2010-2014 it was published under the name “Collection of Scientific Papers of Vinnytsia National Agrarian University”. Since 2015 “Economics, finance, management: current issues of science and practical activity” (Certificate of State Registration of Mass Media No. 21154-10954 PR dated 12/31/2014).
