To the issue of free privatization of land

Abstract

In the comparative legal aspect, the introduction of such a legal category, which was called "land privatization”, is highlighted, the essence of which is the transition of a land plot of state or communal ownership to private ownership, the subjects of which are natural persons and legal entities under private law. Attention is focused on the free privatization of land plots by citizens of Ukraine and its features are given. The subject composition of the procedure of free privatization of agricultural and other lands is analyzed.
 It was concluded that gradually free privatization is losing its social function and the corresponding legal norms need a radical revision. The right of Ukrainian citizens to free privatization of land, established by law (Articles 118, 121 of the Land Code of Ukraine), is not realistically ensured, since the area of the undistributed land fund is not enough for each citizen of Ukraine to receive a plot of land. Therefore, a situation has arisen when citizens have the right to free privatization of land plots, but most of them cannot implement it. Practice shows that the privatization of land plots, free of charge by law, has actually turned into paid privatization, when interested citizens of Ukraine pay a fee for the transfer of land plots to them in various forms.
 The necessity of a partial refusal of free privatization is substantiated, since it is not guaranteed and not financially supported by the land fund of our state. Along with the introduction of privatization on a paid basis, that is, its monetization, the conclusion about the expediency of maintaining free privatization for persons defined by Article 25 of the Land Code of Ukraine is substantiated. Free privatization must be transparent and fair, and its procedures must be clear and understandable.