LAND LEGAL RELATIONS UNDER THE LEGISLATION OF POLAND AND UKRAINE: A COMPARATIVE LEGAL ANALYSIS

Abstract

The article carres out a professional comparative legal analysis of the legislation of Ukraine and Poland in the field of land law regulation. Attention was primarily focused on the directions of development of land relations for completeness and a comprehensive presentation of the research , the concepts and terms most open to the understanding of the society were considered, in particular – «land legal relations», «land plot», «real estate», «land ownership», «land real estate», «real estate» and the general features and differences of these concepts in Ukrainian and Polish legislation are outlined. The article discloses the features of land management and cadastre in the system of land legal relations of both states, highlights the differences in the basic approaches of modern land management, in particular, the use of an innovative type of documentation for the Ukrainian legislator – a comprehensive spatial development plan. It has been studied that the cadastre system of Poland, unlike the cadastre system of Ukraine, is multifunctional and contains information about land plots and other real estate objects. It was found that land relations in Ukraine and Poland are regulated by a number of normative legal acts, while the essence of normative legal regulation is the division of land legal relations into relations of a public and private nature, which is a kind of standard of land relations regarding a land plot as a part of the earth surface and the corresponding natural resource. It was also found that at the current stage of the development of land legal relations, the formation of the latest approaches in understanding the infrastructure of geospatial data is decisive for both states, which is a potentially new step in the development of land relations in a systemic relationship with other types of natural resources (water, forest, plant life, etc.). Special attention is paid to the results of the study, based on the own analysis, a number of inherent and distinctive features of the legislation of Poland and Ukraine in the field of land law regulation have been singled out. It is noted that turning to the experience of other countries is a potentially important and promising direction in the development of modern Ukrainian legislation. Attention is focused on the importance of studying the experience of other countries, in particular Poland, which will contribute to the transformation of Ukrainian land legislation in the formation of norms that will contribute to the development of Ukrainian society.