Понятійно-категоріальний апарат права постійного користування земельними ділянками

Abstract

The purpose. To formulate conceptual-categorial apparatus of a component of state and municipal property on land — the rights of fixed use in view of bunch of rights of elements of economic, ecological and legal relations. Methods. Monographic, analytical, dialectic. Results. Ukrainian legislation does not completely takes into account modern reaching in economic theory regarding specification of property rights not only under the content (bunch or a part of rights of use, instead of the rights to a thing), but also under the form. Article 317 gives the content of property rights in certain limits of property rights in the certain limits of rights of possession, use and settlement of property. On the basis of analysis of institutional security of right of fixed use conceptual-categorial apparatus is developed of right of fixed use of land plots, built on a bunch of rights with certain competences in: possession; use; control; right to profit; safety, including ecological; right to transfer land area to assignees of property; indefiniteness which means absence of temporary boundaries in realization of legitimacy of «rights of fixed use»; right on balance, that is compulsion of retrace of the transmitted legitimacy on land balance depot stock in case of public necessity; exclusion on harmful use. Conclusions. Definition and expansion of components of conceptual-categorial apparatus «rights of fixed use of land» as not the full property as an asset. Application of its basic components enables to improve normative-legal base, which regulates land relations, and to raise efficiency of use of land resources. Thus state will ensure protection of rights of all subjects of property right, social directedness of economy.