За яких умов земля може мати справжнього господаря

Abstract

The purpose. To formulate the basic positions-requirements of the legislative order which adoption will guarantee solution of the question of long-term rent, or even sale of lands of agricultural purpose without negative prospect of reduction in their fertility. Results. They determined five requirements which should get legislative status before opening market of long-term rent (sale) of lands of agricultural purpose. The first requirement concerns a person (physical or legal) — land owner. At the first stage only physical person of Ukraine can be in such role. With grow of experience of managing and achievement of more organic place of Ukraine in European Community it will be expedient to consider and assess desire of foreign persons to become owners of land in Ukraine. The second requirement opens question of price formation for land area. The price should be affordable to the majority of potential players on land market. The third requirement concerns the question of monopoly in possession of land. The essence of this requirement consists in determining the greatest possible land area which can be purchased by one physical person. The problem of professional suitability of potential buyer of land is considered in the fourth requirement. In fact, irrational, inept and negligent managing can lead to catastrophic consequences for all society. Considering that requirement, property right to land is possible to receive only at presence of practical experience and/or potential knowledge in the field of agrarian managing. The fifth, the most important legislative requirement, opens the essence of strict responsibility of land owner concerning the land area. Under condition of non-economic attitude to land, which is offered to be assessed by the level of fertility of soil, the owner of land area should be deprived the right to own land and be financially punished. Conclusions. Under condition of legislative fastening the mentioned five requirements in Ukraine it will be impossible both exclusive, and non-economic possession of land.