Issue №: 10 (50)
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.
PROTECTION LAND USERS, LAND OWNERS AND SOLUTIONS IN BY THE DRAFT LAW OF UKRAINE "ON AMENDMENTS TO SOME LEGISLATIVE ACTS UKRAINE
TOMLYAK Taisa – Assistant of the Department of Law, Vinnytsia National Agrarian
University (21008, Vinnytsia, 3 Soniachna Str., e-mail: taisa.tomlak@gmail.com).
The article deals with the problems of protection of the rights of land users, land owners and proposes to solve them at the legislative level in case of opening of the land market in Ukraine.
It is extremely important to establish the right land relations and to ensure that they can be regulated for the rational use of land resources in Ukraine. We agree with GM's opinion. Kaletnika that "Land resources are a source of national wealth, their use depends on the sustainable economic development of the country, the standard of living and health of the nation. The formation of the land market has a prominent place in agrarian reform, which, in turn, involves reforming property relations and recognizing land as a commodity
Since 2002, the issue of lifting the moratorium on agricultural land sales has remained one of the most debated in Ukraine. The issue of the right to sell land is extremely acute because it embodies both the public fears and the interests of the business. Therefore, the agricultural land circulation law should introduce transparent mechanisms and not leave ambiguity.
However, having read the Draft Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on the Circulation of Agricultural Lands" (Registration No. 2178 of 09/25/2019) (hereinafter - the Draft Law), we consider that the adoption of this law by the Parliament in the proposed The editorial will lead to social, economic and environmental disaster for the local population.
We believe that the shortcomings of the Draft Law need to be eliminated, so the conclusions and proposals formulated in this article for regulatory regulation of the land market are of particular relevance.
In Ukraine, the agricultural land market is not formed at this time. For 17 years, Parliament has continued the moratorium on the sale of such land, justifying its desire to protect the rights of landowners. The last ban on buying and selling agricultural land will expire on January 1, 2020. In general, all agricultural land in Ukraine is currently prohibited from sale. The moratorium grants the land owner the right to lease or lease it out, but does not prohibit the sale of the land or pledge.
Along with this, the land is already sold and bought, but under the shadow schemes. Similar facts do occur, and the schemes are different here: falsification of design estimates, decisions of the authorities, "loss" of technical documentation, which contributes to the change of purpose and ownership of land and more. As a result, the lands of the historical and cultural heritage, the nature reserve fund are illegally seized, coastal protection strips, etc. are provided for development. Therefore, we believe that it is necessary to direct this process in a transparent way and to ensure the implementation of the constitutional right of citizens to dispose of land.
The Land Code of Ukraine stipulates that the main prerequisite for opening the land market in Ukraine is the adoption of a bill on the circulation of agricultural land.
On September 25, 2019, the Cabinet of Ministers submitted to the Verkhovna Rada of Ukraine the Draft Law as the main one. The Draft Law envisages amendments to the Land Code of Ukraine (hereinafter referred to as the LC of Ukraine) and other normative legal acts. At the same time, the Draft Law does not comply with the provisions contained in the Constitution of Ukraine , the Civil Code of Ukraine, the Civil Code of Ukraine (hereinafter - the Central Committee of Ukraine) , and the Law of Ukraine “On land valuation”.
Also, we believe that when opening the land market, it is necessary to regulate at the regulatory and legal level possible raider seizures of both land plots and authorized capital of enterprises that own or use land plots.
There is no definition of “raiding” at the legislative level. However, today, through falsification of signatures, falsification of contracts or other documents through state registrars and notaries, there are mass transactions and their legalization. In this regard, we believe that there is a real need to regulate the work and activities of state registrars and notaries.
It should be noted that counteraction to raiding will be effective in the case of criminal liability for ordering, organizing and committing misconduct that have signs of raiding, and pursuing a consistent anti-corruption policy that will be implemented by ensuring the inevitability of punishment for corruption offenses.
The article articulates and substantiates the expediency of amending the Draft Law of Ukraine "On Amendments to Some Legislative Acts of Ukraine on the Circulation of Agricultural Lands" (registration No. 2178 of 09/25/2019) on specifying the list of buyers of agricultural land plots and reducing the maximum agricultural land plots. agricultural parcels that may be owned by one person. It is also proposed to supplement the Land Code of Ukraine with the obligations of the owner of a land plot of agricultural purpose independently to conduct agricultural activity on the purchased land, to use the land for the intended purpose for the next ten years after the purchase, as well as not to transfer such land for use (rent, emphitus activity) to third parties and not to alienate the purchased land to third parties within the next ten years after the purchase.
In addition, it has been established that the Draft Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the Circulation of Agricultural Lands” (Registration No. 2178 of 09/25/2019) is subject to refining and taking into account the experience of different countries in opening up the agricultural land market for effective legal ensuring the circulation of such lands in Ukraine and avoiding mistakes that will be very difficult to correct in the future.
1. Kaletnik H.M., Kozlovsʹkyy S.V. & Tsikhanovsʹka V.M. (2012) Perspektyvy rozvytku
zemelʹnykh vidnosyn ta rynku zemli v Ukrayini [Prospects for development of land relations and land
market in Ukraine]. AhroSvit. [in Ukrainian].
2. Pro vnesennya zmin do deyakykh zakonodavchykh aktiv Ukrayiny shchodo obihu zemelʹ
silʹsʹkohospodarsʹkoho pryznachennya [On amendments to some legislative acts of Ukraine on the
circulation of agricultural land]. Proekt Zakonu Ukrayiny reyestratsiynyy № 2178 vid 25.09.2019 roku.
Retrieved from: http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=67059.[in Ukrainian].
3. Martyn A.H. & Manʹko I.P. (2005) Rynkova tsina zemli v Ukrayini: faktornyy analiz [Market
price of land in Ukraine: factor analysis]. Ekonomika ta derzhava. Kyiv. [in Ukrainian].
4. Cherevko H.V. (2004). Upravlinnya zemelʹnymy resursamy v umovakh rynkovoyi ekonomiky
[Management of land resources in a market economy]. NVF «Ukrayinsʹki tekhnolohiyi». Lviv. [in Ukrainian].
5. Budzyak V.M. (2008). Formuvannya rynku zemelʹ silʹsʹkohospodarsʹkoho pryznachennya
[Formation of agricultural land market]. Ekonomika APK. Kyiv. [in Ukrainian].
6. Paskhaver B.YU. (2009). Rynok zemli: svitovyy dosvid ta natsionalʹna stratehiya [ Land
Market: World Experience and National Strategy]. Ekonomika APK. Kyiv. [in Ukrainian].
7. Zemelʹnyy kodeks Ukrayiny [Land Code of Ukraine] Law of Ukraine (2001, october 16)
№ 2768-III. Retrieved from: https://zakon.rada.gov.ua/laws/show/2768-14. [in Ukrainian].
8. Konstitucіya Ukraїni vіd 28 chervnya 1996 roku [Constitution of Ukraine]. Vіdomostі
Verhovnoї Radi (1996, №30) [in Ukrainian].
9. Tsyvilʹnyy kodeks Ukrayiny [The Civil Code of Ukraine] Law of Ukraine (2003, January 16)
№ 435-IV. Retrieved from: https://zakon.rada.gov.ua/laws/ show/435-15. [in Ukrainian].
10. Pro otsinku zemelʹ [About land valuation] Law of Ukraine (2003, December 11) № 1378-IV.
Retrieved from: https://zakon.rada.gov.ua/ laws/show/1378-15 [in Ukrainian].
11. Ofitsiynyy sayt Derzhavnoyi sluzhby z pytanʹ heodeziyi, kartohrafiyi ta kadastru [Official site
of the State Surveying, Mapping and Cadastre Service] Retrieved from:
https://land.gov.ua/info/zemelnyi-fond-ukrainy-stanom-na-1-sichnia-2016-roku-ta-dynamika-ioho-zmin-u-porivnianni-z-danymy-na-1-sichnia 2015 roku/ [in Ukrainian].
12. Pro orendu zemli [ About land lease] Law of Ukraine (1998, october 6) № 161-XIV. Retrieved
from: https://zakon.rada.gov.ua/laws/show/161-14 [in Ukrainian].
13. Pro fermersʹke hospodarstvo [About the farm] Law of Ukraine (2003, june 19) № 973-IV.
Retrieved from: https://zakon.rada.gov.ua/laws/show/973-15 [in Ukrainian].
14. Pro derzhavnu reyestratsiyu yurydychnykh osib, fizychnykh osib-pidpryyemtsiv ta
hromadsʹkykh formuvanʹ [On State Registration of Legal Entities, Individual Entrepreneurs and Public
Formations] Law of Ukraine (2003, may 15) № 755-IV. Retrieved from:
https://zakon.rada.gov.ua/laws/show/755-15 [in Ukrainian].
15. Kryminalʹnyy kodeks Ukrayiny [Criminal codex of Ukraine] Law of Ukraine (2001, April 5)
№ 2341-III. Retrieved from: https://zakon.rada.gov.ua/ laws/show/2341-14 [in Ukrainian].
16. Protokol №1 do Konventsiyi pro zakhyst prav lyudyny i osnovopolozhnykh svobod vid
20.03.1952 roku [Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental
Freedoms of 20 March 1952]. Retrieved from: https://zakon.rada.gov.ua/laws/show/994_535. [in Ukrainian].
17. Rishennya YESPL u spravi «Vyerentsov proty Ukrayiny» vid 11 kvitnya 2013 roku [The
judgment of the ECtHR in the case of Verentsov v. Ukraine of 11 April 2013]. Retrieved from:
https://zakon.rada.gov.ua/laws/show/974_945 [in Ukrainian].
18. Rishennya YESPL u spravi «Maksymenko ta Herasymenko proty Ukrayiny» vid 16 travnya 2013
roku (zayava № 49317/07) [ECtHR judgment in Maximenko and Gerasimenko v. Ukraine of 16 May 2013
(application no. 49317/07)]. Retrieved from: https://zakon. rada.gov. ua /laws /show/974_ c90 [in Ukrainian].
19. Rishennya YESPL u spravi TOV “Svit rozvah” ta inshi proty Ukrayiny vid 27 chervnya 2019 roku
[ECtHR judgment in the case of LLC “Entertainment World” and others v. Ukraine, dated June 27, 2019].
Retrieved from: https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001- 193994%22]} [in Ukrainian].
About journal
051 Economics
071 Accounting and taxation
072 Finance, banking and insurance
073 Management
075 Marketing
076 Business, trade and exchange activities
241 Hotel, restaurant and catering
281 Public administration
The journal “Economy, finances, management: Topical issues of science and practice” is included in the "List of Scientific Professional Editions of Ukraine".
The scientific edition is assigned the Category "Б" in the field of economics in specialties 051, 071, 072, 073, 075, 076, 241, 281
(Order of the Ministry of Education and Science of Ukraine No. 249, March 17, 2020).
The journal “Economy, finances, management: Topical issues of science and practice” has a Digital Object Identifier (DOI)
The journal “Economy, finances, management: Topical issues of science and practice” is indexed in such database as Index Copernicus Value (https://journals.indexcopernicus.com/search/form)
The editorial board of the journal is guided by the principles of scientific, objectivity, professionalism, informational support of the most significant innovative researches, observance of standards of publishing ethics.
The purpose of the journal "Economics, finances, management: Topical issues of science and practical activity» is the coverage of leading scientific ideas in the economic, financial and management activities of the sectors of the national economy and the involvement of representatives of the domestic and foreign scientific professional community.
Objectives of the journal:
- publication of research findings on innovation in the economy, financial and management spheres, innovation of production processes;
- expanding partnerships with international scientific publishing organizations;
- enhancing the culture of reviewing and annotating published material;
- adherence to editorial ethics.
Article publishing is a paid service. Cost for printing in professional publications in accordance with the Decree of the Cabinet of Ministers of Ukraine of August 27, 2010 No. 796 "On approval of the list of paid services that can be provided by state educational institutions, other institutions of the educational system belonging to state and communal ownership" and the order Rector of the Higher Education University Mazura VA dated March 14, 2018 No. 93 “On setting the cost of printing in professional editions of the University”.
The cost of printing one page in professional editions of the university is 60 UAH.
An additional copy of the magazine with the mailing list costs 250 UAH.
Recipient: Vinnytsia National Agrarian University MFO 820172 Current account No. 31256282102055 Code 00497236 Bank State Treasury Service of Ukraine, Kyiv. VAT payer code 004972302286. Registration number 100271744. Purpose of payment: for printing an article in the journal: ”Economy, finances, management: Topical issues of science and practical activity "
It was founded in 1997 under the name "Bulletin of the Vinnytsia State Agricultural Institute". In 2010-2014 he was published under the title “Collection of scientific works of Vinnitsa National Agrarian University”.
From 2015 ”Economy, finances, management: Topical issues of science and practical activity” (Certificate of State Registration of Mass Media No. 21154-10954 of PR as of December 31, 2014)
The journal is the successor to the edition ”Collection of Scientific Papers of Vinnytsia National Agrarian University. Series: Economic Sciences. "
