Addressing the Spatial Shortcomings of Agricultural Land Use: Legal Aspects and Obstacles
Addressing the Spatial Shortcomings of Agricultural Land Use: Legal Aspects and Obstacles
Author(s): Mykhaylo Fedorchuk, Andriy Popov, Valentyna FedorchukSubject(s): Agriculture, Civil Law
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: agricultural land; patchwork of farmland; land plot; land exchange; land use; exchange of rights;
Summary/Abstract: The article presents a multifaceted analysis of the legal norms of the Law of Ukraine No.2498-VIII on the elimination of spatial shortcomings of agricultural land use through the procedureof formation of agricultural land. Solving the problem of farmland patchwork is relevant and very important for agricultural producers. The problem of practical implementation of legal norms of theLaw of Ukraine No. 2498-VIII was revealed through the analysis of the procedure for the formationof agricultural land, establishing the essence of legal norms on the exchange of land use rights withinthe relevant array and identification of legal gaps in the legislation on impossibility elimination ofshortcomings in agricultural land use. It was found that the main legal gaps of the Law of UkraineNo. 2498-VIII are: the lack of guarantees of equal rights of ownership and use of land within thearray of agricultural land; ignoring consultations and involving broad stakeholders in cross-borderelimination; neglect of the principle of transparency in the formation of an array of agricultural land;lack of provisions on the responsibility and accountability of participants in this process. In the con-ditions of the agricultural land market, the legal norms of the Law of Ukraine No. 2498-VIII on theelimination of cross-strips and the organization of rational use of land have lost their relevance andare unviable. All this requires the development of new legislation on land consolidation.
Journal: Studia Iuridica Lublinensia
- Issue Year: 33/2024
- Issue No: 4
- Page Range: 57-72
- Page Count: 16
- Language: English
