Legal mechanism for the sale and purchase of land as a component of the land market in Ukraine

Abstract

The article is sanctified to generalization of legal mechanism of process of purchase and sale of lot lands in Ukraine.On the basis of analysis of normative grounds of purchase and sale of lot lands in Ukraine certainly, that it has a process two sides (auction or agreement), basic signs that determine maintenance of process of purchase and sale of lot land are set: pattern of ownership, subject, that acquires right, terms of the use of lot land, desire of parties of agreement, presence of arrest or other obligations in relation to lot land.Certainly, that more simple and less expense on time procedure of purchase and sale of lot land looks on a civil agreement. Normative principles of process of purchase and sale of lot land are determined as a result of combination of requirements of the Landed code of Ukraine and Civil code of Ukraine.On the basis of analysis of land and civil legislation the actions of salesman of lot land – legal of peculiar subject are systematized - in case of her sale on a civil agreement as an algorithm of actions. It is marked that lot land can be the article of agreement in relation to a purchase- sale only if she answers the requirements of civil legal relationships (presence of cadastre number and registered right of ownership). Attention is accented on the choice of notary and preparation of necessary documents.The authors establishes the multifactorial nature of the process of selling a land plot (or the right to it) at an auction. The authors identifies the entities participating in land auctions and establishes that the main instrument for implementing land auctions is an electronic trading system owned by the State. Based on the generalization of the provisions of the Land Code, the author formulates the procedural procedure for the sale of a land plot on a competitive basis.A comparative analysis of the processes of selling a land plot under a civil agreement and at an auction is made, which shows that the procedure for selling a land plot at an auction is more complicated and time- consuming than when it is sold under a civil agreement with the participation of a notary.The authors emphasizes the importance of the state significance of the procedure for sale and purchase of land plots and rights thereto.