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The Right of Permanent Use of a Land Plot of Citizens and the Legal Model of its Protection in Court

Author

Listed:
  • Pyvovar Yuriy

    (Prof., PhD in Law, Supreme Court, 8 Kniaziv Ostrozkykh Str., building 5, Kyiv, Ukraine)

  • Chorna Viktoriіa

    (Prof., Doctor of Law, Kyiv National Economic University named after Vadym Hetman, 54/1 Prospect Peremogy, Kyiv, Ukraine)

  • Pavlovska Nataliia

    (Assoc. Prof., PhD in Law, Kyiv National Economic University named after Vadym Hetman, 54/1 Prospect Peremogy, Kyiv, Ukraine)

  • Shevchenko Liubov

    (PhD in Law, Kyiv National Economic University named after Vadym Hetman, 54/1 Prospect Peremogy, Kyiv, Ukraine)

  • Broda Alina

    (PhD in Law, Western Ukrainian National University, 37 Honty street, Vinnytsia, Ukraine)

Abstract

The study is caused by the spread of land conflicts in society between territorial communities (local self-government bodies) as landowners and citizens as users of such lands on the right of permanent use, as well as ambiguous perception, interpretation and application of land legislation in the settlement of such conflicts. The purpose of the article is to formulate a legal model for resolving a dispute over the right of a land user to appeal to a court against a decision of a local self-government body to withdraw a land plot owned by him (land user) on the right of permanent use. The methodological basis of the article is a positivist approach, based on a critical analysis of the provisions of regulations and case law, as well as method of formal and legal analysis, the hermeneutic method, methods of comparison and contrast. The study distinguishes between the concept of termination of ownership of a land plot and the concept of termination of use (including permanent one) a land plot. Is being proved that the legal basis for the termination of these types of rights is different, which significantly affects the further determination of the jurisdiction of the dispute. A model of resolved disputes over claims of power entities (landowners) regarding the withdrawal of a land plot, granted to a person for permanent use from state and communal lands, in the absence of a person’s consent to such withdrawal, etc., is proposed.

Suggested Citation

  • Pyvovar Yuriy & Chorna Viktoriіa & Pavlovska Nataliia & Shevchenko Liubov & Broda Alina, 2022. "The Right of Permanent Use of a Land Plot of Citizens and the Legal Model of its Protection in Court," Management Theory and Studies for Rural Business and Infrastructure Development, Sciendo, vol. 44(3), pages 313-322, September.
    • Handle: RePEc:vrs:mtrbid:v:44:y:2022:i:3:p:313-322:n:3
    DOI: 10.15544/mts.2022.32
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    Keywords

    agricultural land; administrative courts; administrative and economic jurisdiction; conflict in land relations; land plot; land disputes; right of permanent use by land;
    All these keywords.

    JEL classification:

    • K11 - Law and Economics - - Basic Areas of Law - - - Property Law
    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • Q15 - Agricultural and Natural Resource Economics; Environmental and Ecological Economics - - Agriculture - - - Land Ownership and Tenure; Land Reform; Land Use; Irrigation; Agriculture and Environment
    • R52 - Urban, Rural, Regional, Real Estate, and Transportation Economics - - Regional Government Analysis - - - Land Use and Other Regulations

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