Exercise of the land ownership by government authorities and local government jn behalf of the Ukrainian people.

Abstract

In the paper it has been established that, the constitutional provisions on the exercise of the property rights of the Ukrainian people on land are sometimes neglected in adopting legislative acts. At the same time, the resolution of land ownership and its implementation is also a matter of national security. In addition, issues of participation in the exercise of this right of state authorities and local government continue to be debated, which is conditioned by the activation of the legislative process on the circulation of agricultural land and other factors, including the formation of new approaches to the settlement of litigation by the Supreme Court and others.

In this regard, there is a need to substantiate directions for improving the exercise of land ownership by state authorities and local government on behalf of the Ukrainian people.

In order to achieve the purpose of the research, the normative and doctrinal content of the concept of "land" in the context of Part 1 of Art. 13 of the Constitution of Ukraine have been analysed in this article. The key features of the land as an object of property rights of the Ukrainian people have been interpreted, namely, its attribution to the main national wealth and being under special protection of the state.

The article delineates competence of the Ukrainian people, state authorities and local government, which according to Art. 13 of the Constitution of Ukraine is empowered on behalf of the Ukrainian people to exercise the rights of the land owner within the limits specified by the Constitution. At the same time, it is emphasized that at the legislative level there is no consideration of the fact that the state authorities and local governments exercise the competence of the owner both on behalf of the Ukrainian people and the respective owners of land of a specific form of ownership.

It is argued that the authority of the owner on behalf of the Ukrainian people at the highest level of land ownership relations is vested in the Verkhovna Rada of Ukraine, which, within the limits defined by the Constitution of Ukraine, establishes the legal regime of all categories of land, namely makes decisions on, possession, use and disposal of land in the "global" understanding. Other state authorities and local government, within the limits set by the Constitution of Ukraine, provide for the realization by the Ukrainian people of the powers of the owner in respect of certain categories of land, which is covered by the concept of "exercise of ownership".

According to the results of the study, the directions of improvement of the exercise of land ownership by state authority and local government on behalf of the Ukrainian people were proposed.