CLASSIFICATION OF LAND RIGHTS OF UKRAINIAN CITIZENS

Abstract

The article is devoted to the classification of land rights of Ukrainian citizens. Separation and differentiation of land rights is made by the following criteria: the subordination of land rights; all conditions which are necessary and sufficient for obtaining land rights; the functional direction of land rights. The classification of land rights of Ukrainian citizens was defined as means of establishment of links between their individual land rights, and as means of determining the coherent picture of their diversity. The use of subordination of land rights as the conditional classification criterion has allowed to determine basic land rights (those that form the core of the legal status of all subjects in public lands relations) and derivatives land rights (those that reveal the content of basic land rights and are the means of their realization). This classification makes it possible to understand the connection between land rights and the integrity of the system which they form. It is offered to classify land rights of Ukrainian citizens depending on the all conditions which are necessary and sufficient for obtaining them, which allow to specify individual land rights of Ukrainian citizens to define their features and determine the range of social relations in which these land rights can be realized. According to this criterion, the land rights of Ukrainian citizens could be conditionally divided into general land rights (those that belong to all citizens of Ukraine) and specific land rights (those relating solely to agricultural land and obtained by citizens of Ukraine only under certain conditions and therefore not belonging to all Ukrainian citizens). It is concluded that the conditional division of the land rights of Ukrainian citizens on their functional direction on material, procedural and processual land rights allows to define the interconnection of land rights of Ukrainian citizens and the integrity of the legal mechanism of their regulation, protection and defence. The classification of Ukrainian citizens land rights made it possible to understand the integrity of the system, which they form and indicate that there are groups of land rights, implementation of which is mandatory. Towards the end of the article it is concluded that the legal protection of land rights of the subjects of the legal land relations can be achieved through the legislative definition of their legal capabilities, through the appropriate procedural ensuring of the realization of such possibilities, and thanks to the fixation of their judicial and extrajudicial protection guarantees.