Establishment of legal regulation in the field of securing the status of territorial communities as subjects of communal land ownership

Abstract

The article examines the formation of the right of communal ownership of land, the establishment of legal regulation in the field of consolidation of the status of territorial communities as subjects of communal ownership, the impact of decentralization processes on the legal regime of land of territorial communities and united territorial communities, and the definition of scientific approaches to the formation of a model of communal ownership of land in Ukraine. The author highlights the inconsistency of legislators in defining the principles of building the institution of communal land ownership, the lack of a well-grounded concept of communal property rights, and the legislative contradictions in approaches to creating sustainable local self-government in Ukraine based on the priority of land interests of territorial communities. The author pays special attention to the prerequisites for determining the constitutional status of territorial communities, legislative consolidation of the grounds for the formation of communal land ownership in the State and solving the problem of the absence of a definition of “right of communal land ownership” in the current legislation. The author focuses on the legitimization of the powers to exercise the right of communal ownership by addressing the issue of land and legal competence of territorial communities, improving their status as entities exercising the right of communal ownership of land directly or through local self-government bodies, and exercising the right of communal ownership of land in the manner prescribed by land law. The study found that the Constitution of Ukraine has provided the necessary prerequisites for the establishment of a fundamentally new land system in the area of communal ownership of community land. An important scientific task in modern conditions is to improve the legal regulation of the land and legal competence of territorial communities as subjects of communal land ownership for sustainable development of territories. It is determined that acceleration of administrative and land reforms will contribute to the full legitimization of amalgamated territorial communities and the establishment of territorial communities as equal subjects of land ownership.