ОРЕНДНЕ ПРАВО КОРИСТУВАННЯ ЗЕМЕЛЬНИМИ ДІЛЯНКАМИ СІЛЬСЬКОГОСПОДАРСЬКОГО ПРИЗНАЧЕННЯ В УМОВАХ СЬОГОДЕННЯ

Abstract

The article is devoted to the study of the lease right to use agricultural land plots in today's conditions. It has been established that the current legislation regarding the lease of agricultural land has undergone certain changes with the introduction of martial law. Questions related to the lease of agricultural land, the procedure for its use, restoration, establishment of responsibility for violations in the field of land relations are constantly becoming the subject of both scientific and practical interest. In the course of the research, systemic-structural, comparative-legal and formal-logical methods were used, which made it possible to analyze changes in legislation and draw conclusions about their impact on the regulation of social relations in the field of lease of agricultural land plots. It has been proven that the relations arising from the lease of the agricultural plot of land are binding in nature and belong to the obligation law. This is justified by the fact that, firstly, the land plot is transferred from the lessor to the lessee for a certain period, after which the lease object is returned to the lessor. and therefore the use and ownership of the leased object is temporary. in addition, the lessor receives useful properties from the leased object - in the form of rent or other socio-economic effects, and the lessee when using the leased object in the course of his activity. Secondly, the lessee does not have the entire scope and set of rights of the owner to the land plot that is leased, at the same time, he has the scope of rights and obligations determined by the lease agreement of the agricultural land plot, which in turn determines the presence of certain rights and obligations of the lessor, and therefore raises the question of the existence of contractual obligations, which is quite logically in the sphere of regulation of obligation law. The modern conditions for the use of agricultural land plots under lease conditions have undergone significant changes due to the introduction of martial law, which caused the adjustment of the relevant legislation, which, in turn, led to the adjustment of the scope of rights and obligations of the lessor and lessee. In addition to procedural changes, there were changes in the essence of legal relations, which was reflected in law enforcement practice, namely, judicial practice.