THE RIGHT OF PERMANENT LAND USE: PROBLEM ASPECTS OF LEGAL REGULATION AND THEIR SOLUTIONS

Abstract

This article examines the problematic aspects of the law of permanent land use and the search for ways to solve dilemmas faced by both scientists and practitioners in the field of land law, as well as ordinary citizens related to this legal phenomenon. It has been analyzed that with the adoption of the new Land Code on the territory of Ukraine, the regulatory and legal provisions regarding the permanent use of land plots have changed radically. Until now, there are a number of discussions among scholars in the field of jurisprudence regarding the definition of the list of entities that have the right to permanent land use, regardless of the provisions established in Art. 92 of the Land Code of Ukraine. This is due to the fact that individuals and legal entities that were not included in the updated list due to the change in legislative norms still retained their right to permanent use of the land plot, which was granted to them earlier. A detailed examination of the right to permanent use of a land plot indicates the imperfection and incompleteness of legislative norms regarding its legal regulation, which in turn creates conflicting situations. It was concluded that the institution of permanent land use is losing its relevance and remains a post-Soviet legacy, because, first of all, it was introduced by the communist authorities due to the lack of market land relations and the presence of a large number of land plots at the disposal of the Bolshevik regime, which needed to be taken care of. In this regard, this legal institution needs to be reformed, namely: bringing the concept of permanent use closer to EU standards, changing legal norms and regulatory acts related to the regulation of this type of right of use, eliminating legislative gaps regarding the legal regulation of permanent use, defining a clear list of legislative norms that would regulate the granting of such a right, its termination, re-registration and inheritance, formation of land legal relations.