Land sub-category as an important element of the conceptual apparatus of the land law science

Abstract

The article is devoted to the concept “land sub-category”, which is insufficiently studied in the theory of land law. The author established the fact that despite the widespread use of the phrase “sub-category of lands” by domestic and foreign scientists, there are no studies aimed specifically at revealing this concept and defining the same sub-categories of lands. During the study, it has been found that the current land legislation has about 119 sub-categories of land, which are within different categories of lands. Using the methods of theoretical and legal science, it was made an attempt to reveal the concept of “land sub-category” and provide it with an appropriate definition. It is stated that land sub-categories play an important role in the normal functioning of the current land legislation in Ukraine, because the lack of allocation and proper legal regulation of land sub-categories can lead to the massive violations (intentional or reckless) in the use of land according to their intended purpose. For the effective solution of the issue of proper legal regulation of land sub-categories, the author has analyzed the successful experience of the United States of America regarding the relevant issue. In addition, it is proposed the development of a normative legal act that could perfectly regulate the relevant land-legal categories, establish a complete classification of the main categories and sub-categories of lands, as well as provide them with a detailed characteristics. In the final stage of the study, the author notes that there is an urgent need to pay proper attention to this issue by legislators, scientists and practitioners.