ПРАВОВИЙ РЕЖИМ ЗЕМЕЛЬНИХ ДІЛЯНОК, СФОРМОВАНИХ У ПЕРІОД ДІЇ ВОЄННОГО СТАНУ

Abstract

The scientific paper is devoted to the study of the agricultural land plots legal regime formed from unallocated lands of state and communal property during martial law. The beginning of the military aggression of the Russian Federation against Ukraine challenged in all spheres of life and required the implementation of immediate effective measures to counter on all fronts: military, social, informational, legal etc. Since the invasion, electronic registers containing any information that could harm Ukraine and its citizens, including the State Register of Immovable Property Rights and Encumbrances and the State Land Cadastre, have been closed, which in turn has made it impossible to conduct proceedings of agricultural activities under “prewar” legislation. Thematic justification of the research is based on the possibility of forming land plots as a qualitatively new object of civil rights, the features of which do not correspond to the doctrinably defined features of land plots. The purpose of the article is to analyze the effectiveness of the introduction of a special legal regime of land plots formed during the war in order to ensure food security. The author outlined the concept and characteristics of land plot and its registration systems, summarized and formulated the conditions and reasons for amending the Transitional Provisions of the Land Code of Ukraine, land fund, the subject of land formation, requirements for technical documentation on land management and features of the registration system regarding land plots. As a result of the study it was concluded that the legislator in the occupation of about 1/6 of Ukraine, lack of access to state registers, damage to agricultural land and the threat of disruption of sowing, provided the possibility of public authorities and local governments during martial law for ensuring food security of the state to form land plots under the simplified procedure from unallocated lands of state and communal property, information on which was not entered into the State Land Cadastre in order to lease them for commercial agricultural production.