CURRENT PROBLEMS OF LAND RELATIONS IN THE CONDITIONS OF MARTIAL LAW AND WAYS TO SOLVE THEM

Abstract

The article examines the organization of land relations in conditions of martial law. The authors analyze the current land legislation adopted by the Parliament of Ukraine under martial law, give proposals for amendments to the Land Code of Ukraine and the Law of Ukraine «On Land Lease» to improve the mechanism of renewal of land lease in conditions of martial law, aimed to protect the rights of tenants and landlord, reducing the amount of payment for land of all forms of ownership and rent for land of state and communal ownership for the period of martial law. The article also states that the authors’ proposed changes to the current land and tax legislation will provide the greatest possibility of agricultural land cultivation in wartime conditions, which will contribute to the intensive production of agricultural products. The authors investigated that some legislative changes in land legislation adopted after February 24, 2022 need to be improved and changed, as they create legal uncertainty and multiple interpretations of legal norms. For example, the authors substantiate that public authorities and local governments cannot be the subject of the right of permanent use of state and communal land, as they are the administrators of such land. The article concludes that the functioning of the State Register of Real Property Rights and the State Land Cadaster depends on the implementation of land relations, both individuals and legal entities of private law and public authorities and local governments. The authors also found that in fact the legislator gave the right to permanent users to dispose of land plots of state and communal ownership, which directly contradicts Part 1 of Article 92 of the Land Code of Ukraine. The important point is the forecast of lack of the local budgets of the rent for land in those territories where hostilities are (were) taking place, as well as the author's conclusion on the need to reduce the rent for land for the period of martial law throughout the whole territory of the state.