Abstract
The process of formation of the normative and legal support of land-agrarian reform in Ukraine in historical retrospect is covered. It is established that the cause of the main problems in the reform implementation is the presence of Soviet vestiges in the legislation and politics of Ukraine. It was looked into the state of lack of full institutionalization of constitutional land norms and the existence of a long-term moratorium on the sale of agricultural land, which negatively affected economic growth, investment, technology and production, the environment and living standards in rural areas, as well as their role in thriving corruption and shadow economy in the state. A qualitatively new stage of regulatory and legal regulation of the agricultural land market, which began in 2020 with the adoption of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine on the Circulation of Agricultural Land» and related regulations, is analyzed. Conclusions are made on the need and motivation for further development of legislation in the field of regulation of the market land and public relations. The necessary directions for further reform and expansion of the regulatory framework are outlined.
Highlights
The Constitution of Ukraine has established that land, its interior, atmospheric air, water and other natural resources located within the territory of Ukraine, natural resources of its continental shelf, exclusive economic zone are objects of property rights of the Ukrainian people
The changes began in the 1990s when agricultural land in the country belonged to the former state farms and collective farms, which were renamed «collective agricultural enterprises» (CAP) by the Law of February 14, 1992
In 2008, Land Code of Ukraine introduced a rule — «the moratorium ends with the entry into force of laws on land cadastre and land market.»
Summary
The Constitution of Ukraine has established that land, its interior, atmospheric air, water and other natural resources located within the territory of Ukraine, natural resources of its continental shelf, exclusive (marine) economic zone (abbreviated «land and its natural resources») are objects of property rights (possession, use and disposal) of the Ukrainian people. Every citizen has the right to use (not to own and to dispose of) natural objects of property of the people in accordance with the law. Ownership (private, communal and state) of land (plots of land) is guaranteed This right is acquired and exercised by citizens, legal entities and the state exclusively in accordance with the law. Compulsory alienation of objects of private property rights may be used only as an exception for reasons of public necessity, on the basis and in the manner prescribed by law, and subject to prior and full reimbursement of their value. The use of property may not harm the rights, freedoms and dignity of citizens, the interests of society; worsen the environmental situation and the natural qualities of the land (such damages are subject to full compensation) [1]
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