ВЛАДНІ ПОВНОВАЖЕННЯ ОРГАНІВ МІСЦЕВОГО САМОВРЯДУВАННЯ ЯК СУБ’ЄКТІВ ЗЕМЕЛЬНИХ ПРАВОВІДНОСИН У СТОЛИЦІ УКРАЇНИ – МІСТІ-ГЕРОЇ КИЄВІ

Abstract

The problems of the study are conditioned by the need to combine in Kyiv among the powers of bodies whose competence includes the disposal of land within the city, taking into account in the process of such disposal the need for the city to perform the functions of capital and at the same time prevent narrowing of land rights. The capital of Ukraine - the city of Kyiv, is a special administrative-territorial unit within which local governments perform not only the powers provided by the Law of Ukraine "On Local Self-Government in Ukraine", but also the Law of Ukraine "On the capital of Ukraine - the hero city of Kyiv". state executive power is exercised by the executive body of the Kyiv City Council - the Kyiv City State Administration, and has double subordination. The article aims to investigate the impact of the dual legal regime of the city as the capital of the state and as the territory of the city community on the implementation of land powers of local governments. Local governments on behalf of and in the interests of territorial communities under current law, endowed with the competence to transfer objects of communal property for permanent or temporary use to legal entities and individuals, rent them, sell and buy, use as collateral, resolve their alienation, to determine in agreements and contracts the conditions of use and financing of objects that are privatized and transferred for use and lease. Land powers of local governments in the city - the heroes of Kiev provide a combination of powers of owner and manager, so the classic model of the owner, who at his discretion disposes of property, is affected by the administrative and legal status of such bodies, which causes action against such property only within, on the basis and in the manner prescribed by the Constitution and laws of Ukraine.