Disposal Of Land Research Articles

Economic behavior of agricultural land market subjects

The purpose of the study is to build the agricultural land market subjects’ economic behavior models. The formation of rational land use in the agrarian sphere indicates influence of institutional factors – motives and interests of land owners that allow to ensure land distribution included in the market turnover between the most efficient users. The structural scheme of the agricultural land market subjects’ behavior motives has been proposed. The motives of sellers in the land market are to optimize income that is achieved by increasing a land plot attractiveness. Buyers are guided by the possession motives, use and disposal of land by acquiring a land plot. Sellers and buyers of land plots are individuals and legal entities. Agricultural organizations, individual entrepreneurs, farms, personal subsidiary plots, and citizens (rural population) participate in land sailing. Buyers in the market are owner, land user, landowner, and tenant. The functions of sellers and buyers have been systematized considering the purpose and action of the actors. Destructive and rational models of the agricultural land market actors’ economic behavior have been presented and developed. The application of the destructive model is associated with negative consequences characterized by land withdrawal from economic turnover, change of its intended purpose, and land transfer to another category. The rational model includes finding an optimal alternative under a set of constraints and provides for a high level of human intelligence and knowledge to make right decisions. Factors of this model are coordination of land ownership institutions and creation of a legal framework. It is characterized by strict administrative and legal regulation that contributes to eradication of shadowing in land relations. The area of application of the developed rational model of the agricultural land market subjects’ economic behavior is scientific organizations, agro-industrial complex management bodies at the regional and municipal levels, and agricultural producers.

Torrens Imperatives for SADC Fast-track Land Reform Programmes

The most successful economies are underpinned and characterised by very clear governance of acquisition, disposal, and transferability of land or, as it is properly called in law – real property. This article examines the evolving post-apartheid land governance practices under the Southern African Development Community’s (SADC) fast-track land reform programmes for their potential to enhance land’s utility in framing economic development in concerned states. It shows a worrying potential diminution of land’s utility as real property as a direct consequence of insufficient consideration to ensure that agricultural land contributes optimally to the national treasury. The article recommends the integration into the SADC’s fast-track land reform programmes of the Torrens system for protecting land’s utility as the foundation and cornerstone of powerful and successful economies. The benefits for SADC states would be endless. They include the nurturing of an in-built resilience of SADC economies to withstand the ruthless vagaries of World Trade Organization- (WTO) sponsored trade liberalisation practices in the increasingly deeply integrated world economy. Failure to adopt and implement the Torrens principles on the recognition and protection of land titles would be suicidal for the agrarian economies of the SADC because it would either lower significantly or, in some cases, wipe out altogether land’s potential to make a meaningful and consistent contribution to the national treasury. Consequently, land’s potential to contribute optimally to the nurturing and development of national economies of affected SADC states would be severely curtailed and, in some cases, hindered from generation to generation.

What factors guide the recent Spanish model for the disposal of military land in the neoliberal era?

This work drafts a general framework about the disposal policies fostered by the Spanish Ministry of Defence since the 1980 s, which is apparently understudied in comparison with emerging international research. The research seeks two main goals. The first is to demonstrate that these policies have followed the general trend of neoliberal restructuring of the public sector, as it happened in countries like France, Italy, and the UK. In the face of austerity and deep state cuts in military spending, the MoD sells (off) its estate to reduce the real estate management and maintenance costs and generate financial gains from sales. The second goal is to highlight the primarily financial approach of the MoD disposal policies. Although military land may catalyse significant urban transformation, the disposal policies have sought direct economic revenue for the central government and the MoD.

Transfer of agricultural lands to lands of other categories: some issues of theory and practice of law enforcement

The Federal Law "On the Transfer of Lands or Land Plots from One Category to Another" (hereinafter referred to as Law No. 172-FZ) was adopted in December 2004. Since then, the socio-economic situation in the country and the legislation have changed significantly. However, they were not actually reflected in the Law, since only minor changes were made to it during almost 19 years of operation of the law. Over the past time, a lot of experience has been accumulated in theoretical understanding and practical application of this law, which is discussed in this article. The author does not pretend to be a comprehensive disclosure of the topic, since it is impossible to do this in one article. Nevertheless, the article reflects the author's position on a number of controversial issues of the theory and practice of legal regulation of the relations under consideration.The scientific novelty of the work consists in the study on the basis of formal legal and comparative legal methods of the latest judicial practice, the formulation of proposals to eliminate the legal uncertainty identified in the course of the work of some concepts used in the Law and other proposals to improve legislation in the field under consideration. In the light of solving the problem of rational use of agricultural land and preventing the unjustified disposal of agricultural land from use in the agricultural sector, the scientific understanding of controversial theoretical and practical issues of the transfer of these lands to lands of other categories is of particular relevance.

PREREQUISITES FOR THE DEVELOPMENT OF INDUSTRIAL LANDS OF TERRITORIAL COMMUNITIES

Within the framework of the article, the main direction of research is aimed at increasing the efficiency of land use. Based on the analysis of the ratio of functional and target purpose, it can be concluded that increasing the efficiency of the use of industrial lands, first of all, depends on the solution of the following issues:
 - target designation of land parcels occupied by industrial facilities; - actual use of land parcels for the specified purpose;- legal status of objects located on industrial lands.
 Based on the above-mentioned components of effective use of territories, were systematized three most common cases. The first case is the best from the point of view of the further use of the land of the territorial community, because for the existing land parcel the category of industrial land, the type of functional purpose corresponds to the production zone. Such a case is ideal, it rarely occurs in practice, but it contains a few positive aspects in terms of ensuring the capabilities of territorial communities. Along with the land issue, the issue of filling the budget of the territorial community through land tax and personal income tax could be resolved, and the employment situation of residents could be improved.
 The second case is the most common in practice. Several different options are possible: the actual use does not correspond to the functional and/or intended purpose and/or is not used at all, but the land parcel, real estate and land use subject have all legal identifiers. Territorial communities may not receive income due to incorrect calculation of payment amounts for land. Incorrect consideration and use of the zones of restrictions around regime-forming objects can negatively affect the owners and users of adjacent land parcels, or unreasonably limit the possible types of effective use of territories. If the land parcel and the object of immovable property are generally not in economic circulation, then in this case there are also certain risks for the community, similar to those mentioned above: lack of income, lack of opportunities for effective disposal of land, and inconsistency of the areas of effect of restrictions around regime-forming objects the actual situation.
 The third case is not so common in practice, but it also occurs. The situation looks like this: the industrial object is used within the category, the intended purpose, considering the functional purpose of the corresponding territory, but due to various reasons, which may be of a historical nature, there are no legal documents for the land parcel and/or real estate and /or title-establishing documents of a legal entity. All this leads to inefficient use of land and lack of revenue to the budgets of territorial communities.

ЗЕМЕЛЬНЕ ЗАКОНОДАВСТВО В ПЕРІОД ВОЄННОГО СТАНУ

The article reveals the changes made to the land legislation in connection with the introduction of martial law throughout the territory of Ukraine, and examines them through the prism of expediency, as well as justification in the context of limiting the rights and freedoms of a person and a citizen regarding the ownership, use and disposal of land. It is indicated that starting from February 24, 2022, serious transformations of land legislation took place, a number of which partially suspended the development of land legal relations. During the period of martial law, the land legislation was repeatedly changed. Such laws and by-laws as Law of Ukraine No. 2145-IX of March 24, 2022 “On Amendments to Certain Legislative Acts of Ukraine on Creating Conditions for Ensuring Food Security in Martial Law” were analyzed; Law of Ukraine No. 2247-IX dated May 12, 2022 “On Amendments to Certain Legislative Acts of Ukraine Regarding the Peculiarities of Regulating Land Relations in Martial Law”; Resolution of the Cabinet of Ministers of Ukraine “On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine Regarding the Activities of Notaries and the Functioning of Unified and State Registers Maintained by the Ministry of Justice in Martial Law” No. 480 of April 19, 2022; Resolution of the Cabinet of Ministers of Ukraine “Some issues of management and functioning of the State Land Cadastre in the conditions of martial law” No. 564 of May 7, 2022. The norms related to the acquisition of ownership of land plots, the transfer of land plots for lease, the formation of newly created land plots, their registration and registration of their ownership. It was concluded that any changes to land legislation during martial law should be justified and carried out within the framework of constitutional procedures and international law to ensure compliance of legislation with international standards.

EVOLUTION OF THE SOIL LAND USE (DOMESTIC AND FOREIGN EXPERIENCE)

The production of crop production depends on the condition and level of use of agricultural land. (Research purpose) The research purpose is identifying general trends in the change of acreage from 1920 to 2020. (Materials and methods) We have identified three historical periods of the development of land use by soil lands. Characterized the reforms of the formation and development of agriculture in Russia (Results and discussion) A retrospective analysis of the dynamics of the acreage of agricultural crops of three time historical periods was carried out. It was established that in the first historical period (1920-1941), as a result of collectivization and industrialization of agriculture, the area of agricultural land increased from 113.0 to 150.4 million hectares. It was revealed that in the II historical period (1945-1990), the development of virgin and fallow lands increased the area of agricultural land by 56.7 million hectares and in 1960 amounted to 203 million hectares. The peak values of the increase were observed in 1985 - 210.3 million hectares. It was noted that in the III historical period (1991-2021) there is a systematic reduction of the tractor fleet, which led to the disposal of agricultural land. If in 1990 the acreage was 117.7 million hectares, then in 2020 this indicator decreased by 37.8 million hectares and amounted to 79.9. (Conclusions) It was established that the reproduction process in agriculture is impossible without land resources. Of the lost 32.68 million hectares of land, it is necessary to restore and return to active agricultural use, first of all, the most valuable lands for agriculture - arable land, pastures and hayfields.

МІСЦЕ ЗЕМЕЛЬНОЇ РЕФОРМИ В УПРАВЛІННІ ЗРУШЕННЯМИ У ВИКОРИСТАННІ ЗЕМЕЛЬНИХ РЕСУРСІВ

The article examines the question of determining the place of land reform in the management of shifts in the use of land resources. The modern consequences of the land reform in Ukraine are analyzed. The main stages of changes in the use of land resources through the prism of the normative and legal component of land reform are highlighted. To date, as a result of the land reform, significant transformations have taken place: the monopoly of state ownership of land has been eliminated; collective farms and state farms were reorganized, land was privatized; a significant layer of peasant farms was formed; a land use fee was introduced, the agricultural land market was declared and opened.
 It was established that the civilized functioning of the land market is impossible without an effective mechanism for managing shifts in the use of land resources. A structural and logical scheme of the mechanism for managing shifts in the use of land resources is proposed and the place of land reform in it is highlighted. It is emphasized that this mechanism consists of two interrelated parts: legal and economic mechanisms that interact through land management, state land cadastre and land monitoring. The legal basis of land ownership includes: rights of ownership, use, disposal of land; state guarantees of preservation and strengthening of property; responsibility of landowners for rational use of land. The economic mechanism for the regulation of land relations is a system of measures of economic influence aimed at the implementation of the land policy of the state, ensuring fair payments for land, economic stimulation of rational and efficient land use, introduction of economic sanctions for irrational use and deterioration of the ecological condition of land plots. It includes both types of relations in the use of land shares and land plots by individuals and legal entities, local self-government bodies and the state, as well as economic tools for regulating these relations. The role of the free market of agricultural land in the development of land relations is emphasized.

Acquisition of Agricultural Land in the Czech Republic

The article focuses on the acquisition of agricultural land in the Czech Republic. It aims to describe the topic in the context of both historical and property law. The article introduces historical context of property ownership relations and their composition. Agricultural land was nationalized by the State in the past. Therefore, after the Velvet Revolution, it was necessary to restate a significant part of state-owned property back to its original owners. Privatization and related matters form a significant part of the present analysis because it still affects the transfer of agricultural land from the State to private individuals. Historically, transfers of agricultural land have also been restricted on the basis of nationality. However, after the accession of the Czech Republic to the European Union, this restriction has gradually been lifted. Pre-emption also remains an important issue. At present, however, there is no pre-emption right in general. It affects only certain types of agricultural land, where the pre-emption right is established in favor of the State. The next part of the article deals with actual transfers of agricultural land. This part introduces the basic requirements and elements of transfers, with an emphasis on transfers of state-owned agricultural land. On behalf of the Czech Republic, agricultural land is administered by the State Land Office, which is responsible for the disposal and alienation of land. First, the article focuses on privileged transfers the land in question is transferred only to a certain circle of subjects. In the succeeding section, methods of land transfers to non-privileged entities are described.

Advantages and disadvantages of ownership forms in modern conditions

Since the state is a representative of the interests of all people living on its territory, the presence of most of the land in state ownership is a representation of the interests of the citizens of the country.
 The objects of the right of municipal ownership of land are land plots located within the boundaries of municipalities that are classified as municipal property on the basis of legislative acts.
 The right of private ownership of land is one of the forms of ownership, where the rights of use, as well as ownership and disposal of land belong to individuals and legal entities.
 The relevance of the article is that the authors conducted an analysis of all forms of ownership, on the basis of which the advantages and disadvantages of all forms of ownership used in our country are systematized.

통일 후 북한지역 주택의 소유 및 관리에 관한 입법방향

The title of this thesis is “Legislative Direction on the Ownership and Management of Houses in North Korea after Unification”. The difference between capitalism and socialism is whether individual ownership of the means of production is allowed or not. In this thesis, I reviewed the current direction of integration of housing laws and housing systems in South and North Korea. And I reviewed the legislative direction regarding housing ownership and management in North Korea after the reunification of South and North Korea. The main contents of this paper are summarized as follows. First, North Korean housing needs to be reviewed in the direction of respecting the living environment of North Koreans. Second, the principle of one house ownership per household should be applied to North Korean housing. Third, in the case of apartment houses in North Korea, the possibility of separate disposal of land and buildings should not be allowed. Fourth, an independent organization is needed in the process of reorganizing North Korean housing.

Land use management: problems of protection of basic national wealth

The Ukrainian people, with the votes of 90.3% of those who took part in the All-Ukrainian referendum on December 1, 1991 in support of the Declaration of Independence of Ukraine, confirmed their right to land established by the Declaration of State Sovereignty of Ukraine. According to the Constitution of Ukraine, land is recognized as the main national wealth, which is under special protection of the state. The State Committee of Ukraine for Land Resources was established in 1992 of , which was directly subordinated to the Cabinet of Ministers and implemented the state policy in the field of land relations was carried out by the said central executive body.Beginning in 2000, the State Committee was transformed into the State Agency, which in 2008 was reorganized into the State Committee, then returned to its previous name, and in 2014 was transformed into the State Service of Ukraine for Geodesy, Cartography and Cadastre (State Geocadastre). For the latter body, the powers to implement state policy in the field of geospatial data infrastructure, topographic, geodetic and cartographic activities instead of implementing state policy in the field of land relations became decisive. Land relations are public relations concerning the possession, use and disposal of land. They are represented by a separate branch of law - land, which belongs to its profiling branches. This branch exists in direct connection with the basic (fundamental) branches of law that regulate primary social relations. Topographic, geodetic and cartographic activities, the sphere of national infrastructure of geospatial data do not belong to land relations. The activities of the State Agency have been directed and coordinated by five Ministries for 17 years. The implementation of state policy in the field of land relations has become a secondary task for the second body. The purpose of the studyis to analyze the process of transformation of public authorities on the formation and implementation of state land policy, its impact on land use in the state and justification of directions and ways to preserve the main national wealth. It is established that imperfection in the field of land use and protection management and the lease model of agricultural land use have deprived the economic motivation to introduce soil protection technologies in production, due to which most of the soil cover is in pre-crisis condition. A stable negative balance of humus, nitrogen, phosphorus, and potassium has been formed in agroecosystems. That was recognized as an urgent comprehensive program to neutralize challenges and threats in the environmental sphere, the National Security and Defense Council adopted a decision on this issue in March 2021.The paper focuses on the reference to state control of land use, supports the idea of improving the content of land monitoring and the procedure for its conduct, suggests ways to increase the role of state bodies in improving the land management system

Кредитная политика на Южном Урале в начале ХХ века

Relevance. The experience of state regulation of Russia's credit policy is of great practical importance for the modern economic and political development of the country. Currently, current forms of management are being devel-oped, which include credit cooperation. The purpose – analysis of the government's credit policy in the Southern Urals at the beginning of the XX century. Objectives: to determine the forms and main activities of credit cooperation; to study the regional aspects of credit policy in rural areas, to show the features of its implementation in the Southern Urals. Metodology. The research methodology is based on the principles of historicism and objectivity. The methodo-logical basis of the research is a systematic approach. The chronological method and the method of comparative historical analysis are used. Results. At the beginning of the XX century, credit institutions – savings and loan partnerships, most of which functioned in rural areas, became widespread in the Southern Urals. In addition to the main purpose – lending to the small peasant, they were engaged in the sale of bread and other types of agricultural products. Restraining factors for the development of small-scale credit in rural areas were a low level of commodity-money relations on the one hand; legal and class isolation on the other, since there were restrictions on the disposal of peasant property, both allotment land and movable property. Conclusion. Credit policy was one of the results of the development of commodity relations, contributed to providing the most favorable conditions for the development of agriculture in general, had an important impact on the socio-economic development of the South Ural region in the early twentieth century.

Anti-erosion reclaim development and its economic efficiency

This paper considers the issues of the efficiency of agricultural production in the context of the globalization of the markets for agricultural raw materials and food and the increased competition in this regard. Modern realities and the adopted new Doctrine of Food Security of the Russian Federation, adopted in 2020, require an immediate solution to the problems of ensuring the country's food security by increasing the production of high-quality, environmentally friendly, and, most importantly, economically competitive agricultural products, which is not possible without intensifying production processes. However, the pursuit of high yields and high efficiency of agricultural commodity production often leads to the degradation of the prickly factor of production, namely, land. The paper presents the results of the analysis of the level of land degradation in the Republic of Tatarstan and identifies priority areas for combating erosion in agriculture. Measures to combat soil erosion are experimentally substantiated. The practical significance of the research results lies in the fact that they can not only contribute to the development of the agro-industrial complex and other sectors of the economy, improve soil fertility, the dynamic growth of agricultural products, reduce the disposal of agricultural land and create new jobs but also ensure the preservation and restoration of the Volga River. The results show that the ecological efficiency of one anti-erosion structure in combination with soil protection measures protects an average of 120 hectares of land from further development of erosion processes and is economically paid off by the results of two years of economic activity on protected lands.

ПРИМЕНЕНИЕ КВАЛИМЕТРИИ К ОЦЕНКЕ ЗЕМЕЛЬ СЕЛЬСКОХОЗЯЙСТВЕННОГО НАЗНАЧЕНИЯ В УСЛОВИЯХ НЕРАЗВИТОСТИ ЗЕМЕЛЬНОГО РЫНКА

Due to the underdevelopment of the land market, a huge number of problems in the field of ca-dastral valuation of agricultural land, there is a need to solve them and to increase the reliability of the evaluation results. In the conditions of the unformed land market, the authors propose the use of the method of qualimetric modeling to assess the lands of this category. In order to implement it, the au-thors have developed a "tree" of price-forming factors included in the evaluation model, as well as qualimetric scales for each factor, on the basis of which an integral quality indicator is calculated and an optimal dependence reflecting the influence of "price-quality" is revealed. The results of the study allow us to conclude that it is possible to use this method and obtain the value of agricultural land, which is able to reflect modern market realities, create incentives for rational land use, and prevent the disposal of land of this category from economic turnover.

Сучасний стан розвитку методів оцінювання земель сільськогосподарського призначення

Purpose of this research is to improve the methods of valuation of agricultural land. Today, the moratorium on the purchase and sale of agricultural land has been lifted and sale of agricultural land is increasingly raised and therefore the problem of establishing an objective (market) price for agricultural land is relevant, because increasing the level of their use is an objective necessity and condition for the gradual development of society [Hubar Yu., 2020]. Methodology. A significant contribution to the study of the theory and methods of land valuation was made by A. S. Danilenko, Yu. F. Dekhtyarenko, Yu. P. Hubar, A. G. Martin, M. G. Stupen, A. M. Tretyak, G. V. Cherevko. Instead, the formation and improvement of methodological bases for the monetary valuation of agricultural land paid attention to G. D. Gutsulyk, D. S. Dobriak, О. S. Dorosh, O. F. Kovalishin. Emphasis was placed on the shortcomings of the economic assessment conducted in the Soviet period I. K. Bystryakov, S. I. Doroguntsov, Hubar Yu. P., A. M. Tretyak, M. A. Hvesyk and others. However, despite the considerable amount of scientific research in which the land was considered a means of production, tools and objects of labor (which in the current environment is insufficient), little studied and debatable are the value of land as a whole system with all its properties. This is due to the fact that agricultural land is mostly assessed differently according to the available dominant indicators (yield, value of gross output). This does not build a hierarchy on the importance of other indicators. The complexity and versatility of the problem of land valuation require the continuation and deepening of scientific research in this area. Results. The study is based on the general principles of economic and mathematical modeling, mathematical statistics, econometrics, basic and applied research. The information base of the research consisted of scientific works of domestic and foreign scientists in the field of real estate appraisal, land and city cadastres, statistics, ecology. The issue of land pricing is complex and multifaceted, the development of the land market depends on its solution. Therefore, further research should be aimed at improving the valuation of agricultural land. This process should be based on state service, taking into account the economic and political situation. This will ensure after the lifting of the moratorium on the disposal of agricultural land, the creation of a competitive environment in the land market, the objectivity of the assessment and increase the flow of funds to the state budget. Scientific novelty and practical significance. The performed researches will allow to improve the quality of determining the market value of agricultural lands for further development of land reform in Ukraine. The most important results of the study are: generalization of scientific provisions for the implementation of land valuation works and methodological approaches to determining the value of agricultural land; highlighting the disadvantages and advantages of modern methods of agricultural land valuation; proving the importance of taking into account environmental factors in the assessment of land arising from the activities of agricultural production; substantiation of the need to assess land plots with a set of physical properties of soils and spatial conditions of their implementation; development of methods for assessing the normative yield of grain crops on the basis of dynamic and statistical simulation modeling and software for its spatial implementation. It is established that the use of market-based prices will allow to make informed management decisions during the implementation of land reform in Ukraine. Individuals and legal entities on the basis of the proposed developments will be able to assess the investment attractiveness of agricultural land.

LEGAL CONSTRUCTION OF PERMITTING PROCEDURE FOR ALIENATION OF AGRICULTURAL LAND PLOTS

ANNOTATION: Introduction. The article is devoted to the issues of legal provision of land to the most efficient owners in Ukraine during the new stage of land relations reform. According to the theory of the social function of ownership, private ownership of land is characterized as social law. The social function of property is based on a combination of individual and social interests, and the harmonization of the latter should be seen as the goal of any agrarian reform. Therefore, various restrictions on the scope of powers of the landowner are allowed. The possibility of public-law restriction of the right of free disposal of land enshrined in the Constitution of Ukraine is associated with the danger that someday due to excessive restrictions the right of private ownership of land may become exhausted, which, in turn, may lead to suppression of free initiative land turnover. Establishing the possibility of legislative restriction of the right of private ownership of land, the Constitution of Ukraine imposes on the state the obligation to fairly regulate the process of interference in the relations of private ownership of land. Based on the above, the study of the balance of private and public interests in the opening of the market of agricultural land has significant scientific relevance. Summary of the main research results. For analysis, the concepts of "public necessity", "common good", "public interest" are used. The concept of the permitting procedure for the alienation of agricultural land is structured. As a model, the experience of Germany is cited, which highlights the provision that land use should simultaneously serve the common good. The alienation of agricultural land is under administrative control. The conclusion of an agreement and a contract relating to this alienation, which creates the relevant binding rights, requires the permission of the state. Permits are issued by executive bodies authorized by the state. The law introduces the preemptive right to purchase agricultural land by those who live and work on the land. This institution of preferential acquisition of agricultural land contributes to the consolidation of agricultural enterprises. Conclusions. It is noted about the possibility of applying in Ukraine such an institution of land law as the permitting procedure for the alienation of agricultural land. This will maintain the balance of private and public interests in the land market, and their harmonization should be seen as the goal of any agrarian reform.

Корупційні ризики у сфері земельних відносин та напрями їх мінімізації

The purpose of the article is to identify corruption risks in the field of land relations, identify specific factors confirming the existence of a corruption component in agricultural land use to create a system of preventive measures and establish regulatory fuses, limit corruption influence on land transactions and protect human rights. Research methods. To achieve this goal, the following methods were used: analysis and synthesis (to determine the sources of corruption schemes in the field of land relations); correlation analysis (to establish the relationship between corruption and land use concentration); empirical (on the study of the consequences of corruption offenses in the field of land relations) and abstract-logical (to summarize the conclusions and formulate proposals). Research results. Identification of the main sources of corruption schemes in the field of agricultural land use contributes to the development of effective methods to combat these offenses. According to research by foreign scholars, the system of preventing abuse of office and obtaining illegal benefits by officials at all levels of government is built through: overcoming the monopoly, as the exclusive right of government agencies to carry out and control land transactions; clear legislative regulation of mechanisms of purchase and sale and other transactions with agricultural land; introduction of mechanisms of publicity, transparency and information openness in the land market. Disclosure of intentions to conduct land transactions, opening of operations, dissemination of information on approved agreements will reduce the interest of corrupt officials and protect legal actions. In addition to the types of corruption in the field of agricultural land use identified by the NACP, specific factors are outlined that confirm the existence of a corruption component, including: 1) conclusion of large land agreements (concentration of land use); 2) investment flows into land assets from offshore zones; 3) discretionary powers of a single body of executive power in the field of disposal of agricultural land. The establishment of regulatory safeguards on additional to generally accepted factors of corruption will limit the corrupt impact on land transactions and protect the rights of low-income people, small landholdings and other types of socio-economic exclusion. Scientific novelty сonsists in substantiating the need to single out large land agreements (concentration of land use) as transactions with significant corruption risk, when developing mechanisms to combat corruption at the national level. Practical significance. Addendum to the draft Anti-Corruption Strategy for 2021-2025 in terms of identifying key issues in the field of land relations by developing a special mechanism for concluding large agreements (land use concentration) with mandatory verification of sources of funds, verification of information on ultimate beneficial owners and verification of corporate structure permanent monitoring of the impact of concentrated land use on the observance of the rights of the local population and preservation of the environment will become an effective preventive anti-corruption measure in the field of land relations. Figs.: 3. Refs.: 27.

Effect of AGIS on Implementation of Electronic Land Administration in FCT, Abuja Nigeria

Land administration in Abuja includes processes of land registration, cadastre, valuation and land inventory. Every country in the world pursues these activities in one form or another irrespective of the stage of development. Developing countries particularly, Nigeria are overwhelmed by challenges of land management and administration. Recent efforts to secure tenure and enhance real property markets are under pressure from increasing demand and competition for land. Effort at implementing land administration reform in the Federal Capital Territory (FCT) have led to inefficiency, incoherent and poor land management. This has undermined the huge potentials and global competitiveness in the sector. This study assesses the effectiveness of Abuja Geographic Information Systems (AGIS) on the implementation of electronic land administration in the FCT. Descriptive survey method was adopted in carrying out this study. Data collection involved sample of 150 applicants/beneficiaries of land, drawn across seven districts to determine how electronic land administration system in the FCT has improved the practice. The findings of the study revealed that electronic land administration in AGIS does not address unequal land distribution. Also, management, acquisition and disposal of public land follow unclear procedures and are not applied equitably and transparently. Formal land delivery takes an inordinate amount of time under the existing frameworks and land fees are unaffordable to many residents in the FCT. Based on the findings, the study recommended the empowerment of the Land Use and Allocation Committee (LUAC) to ensure fairness and equity in land acquisition processes, reorganizing the AGIS workflow, installation of state-of-the art technology for efficiency that will make the processes and procedures for acquisition of land clear to the general public. The study also recommended active participation of key stakeholders through public hearings and citizen’s forums.

Reconciling with capitalism: Selling Crown land to settle with First Nations

AbstractThis article examines the connection between privatization and reconciliation in Canada, witnessed through the disposal of federal and provincial land in Vancouver. The Jericho Lands were sold to the Musqueam, Squamish, and Tsleil‐Waututh Development Corporation (MST) in joint partnership with the federal Crown corporation Canada Lands Company (CLC). This deal was partially funded through Crown‐provided accommodation payments seeking to address unceded territory claims through commercial transactions. The remainder of the MST land purchase featured a vendor take‐back mortgage (where a seller lends money to the buyer) that tethers MST repayment to revenue earned through land speculation, thus merging Indigenous reconciliation with capitalist imperatives. With scant scholarly literature on the subject, the article makes extensive use of relevant primary sources like Hansard transcripts, government reports, press statements, and planning documents. It finds land development conflicts familiar to privatization generally, namely problems of secrecy, affordability, and commercialization.