Legal Mechanism of Land Tax: Modern Approach to Determination

Abstract

Problem setting. Land tax is currently one of the local taxes, that is, it goes to the appropriate local budgets. It should be emphasized that this payment is part of the property tax. Analysis of recent researches. A lot of scientists, in particular: M. P. Kucheryavenko, N.O. Khristova, T.M. Shulga, O.A. Yalbulganov and others are trying to cover some aspects of modern legal regulation of land taxation. Article’s main body. The article is devoted to the study of the modern concept of land tax. The author considered Ukrainian legal regulation of land taxation with a wide range of taxpayers and the Swedish experience with the mass valuation of land plots, the method of obtaining estimates of market value indicators of a group of homogeneous objects using statistical processing of real market information. A thorough description of the land tax by its key elements has been made. The land tax rate is currently significantly different depending on whether or not a statutory monetary assessment of the land concerned has been made. The author made proposals for land reform in the context of taxation. Conclusions and prospects for the development. Therefore, nowadays the legal mechanism of the land tax needs improvement. It is necessary to establish at the legislative level a system of land valuation by objective criteria, to revise the existing approach to the determination of tax breaks for business entities engaged in agriculture. In addition, issues related to the established moratorium on the sale of land in Ukraine are becoming more and more urgent because, in addition to objective arguments, facts and public opinion, there is a decision of the European Court of Human Rights, which emphasizes the violation of property rights of persons during the actions of the moratorium. Attention to this issue by the European Court of Human Rights is an important signal for action for Ukraine because Ukraine is obliged to comply with the decision of this court. In addition, the experience of EU countries should be taken into account. Yes, there is a moratorium on the land market in Europe only in Belarus and Ukraine. In the pursuit of European standards, we consider it necessary to lift the moratorium on land sales in Ukraine. However, it should be borne in mind that in order to attract foreign investment for agricultural development without the sale of land, there is a need to develop an appropriate effective mechanism.