SUBSTANTIATION OF THE NEED TO DEVELOP A MECHANISM FOR RESOLVING CONFLICTS IN THE LAND LEGISLATION OF UKRAINE

Abstract

The problems of developing an effective mechanism for resolving conflicts in the land legislation of Ukraine are investigated in a publication. It is proved that contradictions of key issues of legal regulation of land relations in Ukraine reduce the effectiveness of the mechanism of legal regulation of land law, so a clear mechanism is needed to prevent and resolve, overcome and eliminate such phenomena as conflicts that hinder the development of land legislation in Ukraine. It is established that the conflict of land legislation of Ukraine should be considered as conditioned by objective and subjective factors of social development, a state of formal contradiction between the norms of law aimed at regulating the same relations in the field of rational and purposeful use, integrated reproduction and effective protection of land, which creates difficulties in law enforcement activities. Objective factors that cause the conflict of land legislation of Ukraine include conservatism of land law and dynamics of land relations. Subjective factors that cause the occurrence of conflicts in the land legislation include the absence of the Concept of development of land legislation of Ukraine, low level of professional training of the legislator, violation of the rules of legal technology, inconsistency of rulemaking in the field of legal regulation of land relations, inadequate systematization. The development of an effective mechanism for overcoming the conflict of land legislation of Ukraine in order to create an optimal model of legal regulation of land relations is proposed. Such a mechanism for overcoming the conflict of land legislation should be a set of legal means, methods and procedures aimed at preventing new ones, eliminating and overcoming existing conflicts in the land legislation of Ukraine.