Peculiarities of the protection of land rights violated in the process of performing registration actions

Abstract

The article is devoted to the problem of ensuring the protection of land rights violated in the process of performing registration actions, its forms and features. Modern legislation in the field of state registration is analyzed in detail. The main focus of the article is on modern protection problems in the field of state registration of the rights of subjects of land relations. The article states that the state registration of the rights of individuals and legal entities is a separate important area of ensuring the guarantees of these rights of subjects. The relevance of this issue in modern conditions is emphasized. Emphasis is placed on the complexity of legal regulation of land registration relations. Scientific works of scientists on solving the specified problem are given. It is emphasized that the evasion of citizens and legal entities from the state registration of land plots in accordance with the Land Code of Ukraine is one of the violations of land legislation. It is noted that the land rights of citizens and legal entities may be violated in the process of registration activities by authorized persons in the sphere of exercising their respective powers and require protection and restoration. The legal position of subjects exercising powers in the field of state registration of rights is studied, a separate place in the article is devoted to state registrars of rights to real estate. The administrative and judicial procedure for the protection of violated rights in the specified area as a result of decisions, actions or inaction of the relevant officials has been analyzed.
 It is emphasized that the peculiarity of the protection of land rights of citizens and legal entities is due to the fact that the state registration of land plots precedes the state registration of rights to land plots. The lack of state registration of a land plot does not allow registering the relevant property right to it. It is emphasized that the protection of rights consists in the elimination, recognition as illegal (invalid) of decisions, actions and inaction of officials who exercise powers in the field of state registration of land plots and rights to them. Ways of protecting land rights in court are analyzed.