Sustainable society development distinctly entails the issues of sustainable use of land and especially soils, which are the place and condition of human activity, the means of production that provide absolute value, and a unique natural resource. Ukraine possesses nine percent of the world’s black soil (chernozem) resources, which necessitates the development of sufficient economic and legal mechanisms for their effective use in ensuring food security within the country and worldwide, increasing the export potential of Ukraine subject to the soil quality restoration, and determines the scope of this work. The land reform in Ukraine as a component of economic reform has led to a significant deterioration of agricultural land, loss of humus from soils, their degradation, and other negative consequences threatening the country’s economic security and generating socio-economic and demographic crisis phenomena, especially in rural areas. Therefore, the study has identified priorities and has proposed the use of contractual mechanisms in the field of sustainable socio-economic use of land resources. The authors applied an integrated approach to the analysis of sustainable land use issues to achieve the study objective. This led to the use of a wide range of methodological tools, in particular, the dialectical method, the formal logical method, the logical legal method and the methods of analysis, synthesis and comparison. Defined provisions that determine the economic and legal mechanism of land use and should be ensured in the process of sustainable development: meeting the needs of landowners and other persons, including the priority needs – environmental and food security; an increase in the area of land not involved in the economic turnover, the adoption of measures aimed at the preservation and restoration of agricultural land, in particular compliance with the requirements for crop rotation, and, in some cases, their conservation; introduction of contractual relations in the field of land use.
At present, the issue of land market reform for Ukraine is extremely urgent, as the state has for over 20 years been operating a moratorium on the alienation of agricultural land. The prudent transition from a moratorium on the alienation of agricultural land to the modern land market is a priority area for land reform. The purpose of the paper is to conduct a scientific analysis of the current state of land market reform in Ukraine, as well as to compare the chosen reform path with the experience of developing the mechanisms of legal regulation of the land market in several European countries. Methods traditional for legal studies in Ukraine were used to achieve this purpose: historical law; comparatively law; formal law. The study found that a moratorium on the sale of agricultural land leads to the existence of a gray land market, which benefits primarily large corporations, and violates the rights of other business entities. State regulation in the EU countries is expressed in limiting the size of land, control over compliance with the change of purpose of land or the absolute prohibition of its change, restrictions on admission to the purchase of land by foreigners, obtaining special permits for the acquisition of agricultural land, etc. To fulfil the potential of the land market and fully protect the rights of landowners, it is important to consider not only the expansion of opportunities for sale but also the lease of land. The experience of the European Union states that the priority way of development of the land market is its development through stimulation of the farming method of land tenure and land use, which contributes to the performance of the social function by the land.
The formation of new subjects of land ownership in Ukraine undoubtedly requires the formation of a modern mechanism for legal support of such entities, coordination of their interests both among themselves and with state and self-governing institutions that ensure land protection and protection of land rights property. Therefore, at the present stage of reforming land ownership relations, the content of the principle of equality of subjects of land ownership acquires special significance. The presented work analyzes the relationship between land ownership of the Ukrainian people and other subjects of ownership, the results of which concluded that the principle of equality can not be applied to the Ukrainian people as a subject of land ownership because the ownership of the people applies to all lands within the state border of Ukraine. The article develops the provisions of scientific research that considers the right of ownership of the land of the Ukrainian people as a primary and absolute right that applies to all lands of Ukraine. The peculiarities of exercising the right of ownership within certain forms are also revealed, which differs in a number of key criteria: functional purpose, mechanism of acquisition and realization, order of termination. Therefore, it is concluded that the subjects of land ownership (certain legal forms) have a slightly different scope of rights in the exercise of certain powers, due to the different level of public and private interests. Considerable attention is paid to the equality of subjects of land ownership, which is realized through legal mechanisms of protection of property rights, and is reflected at the level of the Constitution of Ukraine on protection of rights of all subjects of property rights, inadmissibility of illegal deprivation of property Code of Ukraine, on non-interference of the state in the exercise of citizens, legal entities and territorial communities of their rights to own, use and dispose of land. Attention is paid to ensuring the right to protection of land, which applies equally to all subjects of land ownership.
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