Щодо видів суб’єктивних прав сторін договору оренди землі.

Abstract

In the article is analyzed positive and negative influence of legal limitation on satisfaction of land lease contract parties’ interests.Relation between efficiency of landowner’s and tenant’s subjective rights and level of legal regulation is researched.Author has proposed a classification of the subjective rights of land lease contract parties on criterion interest connected with them.It is shown, that economic subjective rights of land lease contract parties are rights which are used for gratification of economic interests (incomes). These interests are essential for both parties of land lease contract in period of the contract. In the article has been demonstrated inequality of tenant’s and landowner’s economic subjective rightson modifying rent in case when quality of land is changed due to external factors.Organisation subjective rights of land lease contractpartiesare defined as rights included interest in sustainable and predictable economic activity. They are actual in period contract and definite time after it. Rights on using land and contract prolongation are contained to organisation subjective rights. In the article is proved role and possibility of legal regulation of organisation subjective right on land lease contract prolongation in achievement of sustainable development goals in Ukraine.Economy-organisation subjective rights of land lease contract parties take in right on improvement of land. They involve both parties’ interest in reliable satisfaction economic needs in incomes and conditions for economic activity in future. They have meaning in land lease contract period and indefinite time after it.In the article is shown, that economic subjective rights of land lease contract parties can be effective as long as they are have been regulated by contract. Their organisation subjective rights are needed in combination of legal and contract regulation with prevalence of contract norm. Economy-organisation subjective rights in land lease contract must be ordered on legal level for their better protection.