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.
It is proposed to consider land disputes as a special type of legal relationship, which is based on differences of subjects manifested in the emergence, implementation, change or termination of land rights, their protection in connection with the violation of rights and legitimate interests (or their recognition) of owners or users of land plots, including tenants and other subjects of land legal relations. It is established that the process of improving the existing mechanisms for resolving land disputes is ongoing, so it should take place through a system of legal, organizational and economic measures. Such measures must be taken by authorized subjects of land relations in the application of procedures for the protection of land rights and ensuring the effective use of land under the conditions specified by the legislation of Ukraine. Land disputes are defined as a conflict between the subjects of land relations, which need to be resolved in the manner prescribed by law. Its participants are the subjects of land relations: the state and its authorized bodies, individuals and legal entities, whose legal status is determined by the rules of land and civil law. The classification of land disputes by nature, depending on the grounds (methods) of occurrence, change or termination of the right to use the land plot, depending on the settlement mechanism, according to the level of dispute resolution is proposed. The expediency of improving the procedure for consideration and resolution of land disputes by strengthening the administrative procedure for resolving them is substantiated. Due to the effect of quarantine and deterioration of financial situation, the possibility of a person to go to court to resolve a land dispute is significantly limited. The expediency of developing methodological recommendations for united territorial communities on the mechanisms and procedure for resolving land disputes and methodological recommendations for internally displaced persons on the procedure for protection of land rights is proposed.
The article deals with the analysis of general trends in the labour market, which are characterized by a rapid increase in unemployment in Ukraine. The main reasons for such negative trends are outlined and the main changes in employment in 2020–2021 are highlighted. The definition of a socially responsible employer is given and its content is revealed. It was found that a socially responsible employer is not so much an economic entity that meets the requirements of applicable law, as an enterprise that voluntarily implements a number of other social measures targeted at the employee and necessary for the latter, based on the specifics of their employment. Practical methods of application of the system of rational bonuses and stimulation of employees to motivated performance of official duties are given. Some changes are proposed, which should be made in the Labour Code of Ukraine and establish the limits of liability of the employer for failure to comply with the labour (collective) agreement on social security of employees. Emphasis is placed on the need for a larger-scale information campaign aimed at refusing employees to take up their duties without proper contractual arrangements, as by agreeing to informal employment, the employee is in fact vulnerable. There are three main groups of responsibilities of the employer for social security: preventive, logistical, monitoring (evaluation). A separate block of questions is devoted to the review of the organization of social security for workers with special needs. The general idea and philosophy of creating initially socially oriented business is more widely disclosed. The role of business entities in the organization of social entrepreneurship as a promising component of private social security is analysed. Examples of business activities in this area are given. Emphasis is placed on the mandatory participation of the employer in the organization of the investigation of an accident or occupational disease at work as a prerequisite for the employee to receive certain types of social security, including social rehabilitation.
It is established that the right of ownership of land is a set of powers of individual entities in relation to land plots or the right to them, enshrined in the norms of law, taking into account the restrictions established by law. The subjects of land relations are characterized depending on the form of land ownership. It is proposed to understand the procedure of granting land ownership as the activity of interested persons or state bodies of the relevant levels and other entities, which is aimed at establishing the right of the relevant entity to a specific plot. It is established that the procedure for acquiring a plot of land by a person is clearly defined and includes several methods defined by law. Procedures for acquiring land ownership by a natural or legal person are analysed, depending on the methods defined by land and civil legislation. It is proposed to introduce only an electronic form of land auctions. It is established that an additional condition for the acquisition of property rights in market conditions is the positive results of the inspection for compliance with the requirements established by the land legislation of the potential purchaser or owner of the agricultural land. The inspection procedure needs to be regulated by the relevant by-law to comply with the requirements of the adopted amendments to the land legislation. The most acceptable model for the introduction of the land market is a moderately limited agricultural land market, which restricts access to purchase by foreigners and legal entities. The expediency of ensuring the proper settlement of relations when concluding agreements on the transfer of ownership of land in market conditions is substantiated. The procedure for acquiring the right of ownership of land is the process of acquiring a person, the right of ownership of land for possession, use and disposal on the terms and in the manner prescribed by law as a result of the decision of the authorized body. The classification of procedures for acquiring land ownership is carried out.
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