Обмежені речові права на земельні ділянки сільськогосподарського призначення: стан і перспективи

Abstract

The article is dedicated to the realization of limited property rights to agricultural land plots. The author thoroughly examines the regulatory and legal framework of this issue and its doctrinal elaboration. The problematic aspects related to the realization of limited property rights are highlighted. It is noted that the current legislation lacks a clear definition of “limited property rights,” but such a concept may emerge during the update of civil legislation. The scientific literature presents a moderate view on the legal nature of limited property rights, necessitating a summary of different perspectives. The author’s proactive proposals for amending the current legislation are a significant step towards eliminating the existing gaps and ensuring legal certainty in the regulation of the relevant relations. The author also establishes that in today’s environment, the variability of property rights in terms of their content comes to the fore, which calls into question the absolute nature of these rights. This circumstance necessitates a study of an actual contract or a dispositive transaction, given that they (these rights) may be the objects of such contracts or transactions, and this requires the development of a universal contractual basis for the establishment of property rights. It is proposed that within the framework of recodification of civil legislation and considering the peculiarities of the national legal system and the specifics of national legislation, it is possible to consider the introduction of such a structure since this will ensure an inevitable unification of national legislation with EU legislation. In this study, the author used legal analysis and synthesis, systemic and structural, and comparative legal and formal logical methods to analyse the relevant legislation and doctrine and propose amendments to civil legislation. Keywords: freedom of will of the parties to the employment contract; change of employment contract, employee, employer, labor relations, work, labor contract, parties of labor contract, transfer, transfer, change of essential working conditions, right to work.