ANALYSIS OF LEGAL FORMS OF LAND USE UNDER THE LEGISLATION OF UKRAINE AND POLAND

Abstract

In the article, a professional comparative legal analysis of the forms of land use under the legislation of Ukraine and Poland was carried out. For the completeness and comprehensive presentation of the research, attention is primarily focused on the legal forms of land use, the legislation that regulates the issue of registration of rights to land plots is analyzed. The article outlines the presence of a set approach to the introduction of a plot of land into circulation in Ukraine and Poland. A plot of land becomes an object of legal relations under the condition of its formation, i.e. transformation from an object – a natural resource to a separate object of space with defined boundaries and mode of use. It has been investigated that land plots in Ukraine can be under the conditions of ownership (state, communal, collective and private) and use (permanent use, lease or sublease, land easement, use of someone else's land plot for agricultural needs (emphyteusis) and use of someone else's land plot for buildings (surfaces)). The article discloses the conditions for the use of land plots in Ukraine and Poland and it is clarified that, in general, the forms of use are identical, but with certain differences, namely the presence in Ukrainian legislation of the right of permanent use as a tool for acquiring rights to land plots, as opposed to usufruct in Polish legislation. It has been established that the right of permanent use is an ineffective legal instrument for acquiring rights to land plots in Ukraine, as evidenced by numerous court practices. It is proposed, based on the results of the research, and taking into account successful foreign experience, the introduction of the usufruct institution into Ukrainian legislation as a legal structure for the use of land plots/real estate, which will allow to resolve a number of problems that arise in practice and are related to the right of permanent use, which is acquired whether it is acquired according to the provisions of Ukrainian legislation.