До питання про умови здійснення субʼєктивних прав на чужі земельні ділянки в Україні

Abstract

Праналізовано сутність питання умов (обставин) виникнення і здійснення прав на чужі земельні ділянки у науці земельного права. Акцентовано, що однією з умов виникнення прав на чужу земельну ділянку є її юридичне оформлення. Розкрито теоретичні аспекти загальних та спеціальних умов виникнення субʼєктивного права власності на земельні ділянки. The article substantiates the essence of the question of the conditions (circumstances) of the emergence and exercise of rights to other land plots in the science of land law. The attention is focused on the fact that one of the conditions for the rights to a foreign land plot is its legal registration. In this connection, the theoretical aspects of the general and special conditions of the subjective right of ownership to land plots are revealed. In a democratic, legal, social state, property rights and other real rights to land are those social values that are organically combined with the right to life of a person, with its freedoms and therefore need to be objectively expressed in the legislation and legal regulation and legal protection of their implementation. In the social dimension of the rights to land must also be considered as a historical public and state-a legal phenomenon, in the evolution of which after the proclamation of Ukraineʼs independence it is possible to distinguish several stages, each of which is characterized by its own features: from the legal prohibition of real rights to land to consolidating them as a system of rights, among which the rights of others are distinguished ground section. The fundamental changes in the field of regulation of relations with the land, on the basis of which is enshrined in Art. 14 of the Constitution of Ukraine property rights to land, led to the creation of a system of real rights to land plots, among them which is one of the closest in content to the ownership of land the plot is the right to use a foreign land plot. The question of the conditions (circumstances) of the emergence and implementation of rights to other land plots in the science of land law remains poorly developed, despite rather high attention from him by scientists, specialists in the field of land law, and in the field of civil law. In particular, O.V. Dzera notes that for the emergence of a citizenʼs property rights it is necessary that certain conditions, actions, legal facts, which are recognized by the norms of civil law, and in some cases also the norms of other branches of legislation (family, land, etc.), should take place. The purpose of the article is to find out the current state of the conditions for the exercise of rights to foreign land plots and the prospects of legal regulation of the public relations in the field of acquiring and realization of subjective rights on someone elseʼs land agricultural and non-agricultural areas in Ukraine.