Journal article Open Access

A Comprehensive Legal Approach to Land Reform

O.I. Shapovalova

The urgency of writing the article is conditioned by land reform in Ukraine. The land is a national wealth and a profit-making entity. According to the legislation of Ukraine, the land plot is the object of civil rights and the object of public administration of public social relations, which consist of the protection and use of land as a natural resource. When creating the land market, it is necessary to carry out private legal regulation and public administration. The state have to ensure the rational use and protection of the country's single land fund regardless of ownership. The legislator should enshrine the special legal regime of land plots as objects of civil rights. Land management and cadastral records are of an administrative and legal nature, the activity of these organizations is required for the land market. State and local management of this land fund should be aimed at ensuring the rational use and protection of the country's single land fund. Authorities are required to keep records and control of land boundaries. Special legal regulation is required if the subject of sale is the soil layer of the site. Certain parcels of land may be withdrawn or restricted. There are problems when the land is connected with real estate or moving things. It is necessary to carefully distinguish the right to the land from the right to the subsoil. The state should control the targeted use of the land, as there are limited natural resources.

Land ownership has a social function. Agriculture meets the important needs of society. The balance of interests of the owner and the society must be reached. Land legislation must be comprehensive, public and private.

The International Monetary Fund is a creditor of Ukraine and is pushing for Ukraine to make Ukrainian land an object of sale. Politicians believe that this will make Ukraine a third world country. The primary task of the legislator is to create a systematic agrarian socio-economic policy of the state, approved in a national referendum.

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