Principle of equality of subjects of land ownership: problems of legal regulation

Abstract

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.