ПРАВО ЗАБУДОВИ ЗЕМЕЛЬНОЇ ДІЛЯНКИ (СУПЕРФІЦІЙ)

Abstract

The article is devoted to the study of problematic issues of legal regulation of the nature of relations on the use of another's land (superfitting) in Ukraine. The definition of the concept of "superfidence" and the specific features are analyzed, in particular: may be alienated by the land user or transmitted in the order of inheritance on the basis of a contract or will, the owner of the relevant target destination is not in the right to transfer it under the contract of superficial for the construction of objects that are not Matches its target assignment, superficially contributes to the relevant territorial communities in addition to budget funds. Regarding the right to use another's land plot, it can be established on a defined or indefinite period. A person who has a substance right to someone else's property has the right to protect this right, including from the owner of the property, and is preserved in its change, in accordance with the provisions of civil law. Analyzed, on the example of specific litigation, the need to comply with the provisions of legislation on the procedure and grounds for the transfer of land under the contract of superfiction, without violating the interests of the city's territorial community and the right of co-owners of a residential building. It turned out that the provision of a land plot for the building on the basis of the superfiction is relevant in relations associated with the creation of housing and construction, garage-building, dairy-building, etc. Co-operatives. The author highlights that the provision of the right to use the land does not have the character of personal right law, and accordingly the land contributor - the superficialist can transfer their own rights to use a land to another person. However, the maintenance of the superfiction is required to use a land plot for development taking into account its intended purpose. Specific proposals and recommendations are produced to improve the legal regulation of relations for the use of another's land (superfitting) in Ukraine.