Land Lease Agreement Research Articles

Щодо розгляду господарських спорів за участі фермерських господарств

The article is devoted to the analysis of the practice of economic courts in resolving litigations involving farms. The article sets the task to specify the provisions on the consideration of economic litigations involving farms and the development of areas for improving the current legislation. Based on the analysis of scientific views on agrarian litigation, it was concluded that a farm can be a participant in any such litigations, but not all of them are subject to consideration by economic courts. Attention is paid to the division of litigations into public law and private law, the definition of an economic litigation. Based on the analysis of the array of practice of considering economic litigations with the participation of farms, economic land litigations, farm management litigations and other litigations related to violation of the corporate rights of farm members are singled out, since these litigation s have certain specifics or problems in their resolution. Based on the analysis of the practice of considering land litigations, the problem of determining the subject jurisdiction is stated and it is specified that the criteria for classifying these litigations as economic jurisdiction are the fact of state registration of a farm as a legal entity or an individual entrepreneur at the time of filing a claim and the dominance of private interest. Summarizing the analysis of the consideration of cases on litigations regarding farm`s members and other violations of the corporate rights of members of such a farm, the problem of applying the analogy of the law by the courts is identified and it is specified that the analogy of the law is applied by the economic courts to overcome gaps in the regulation of relations between the activities of the farm in order to protect the violated rights and in case if the relevant relations are subject to general legal regulation, but there is no special legal norm or norm is incomplete. To improve legislative regulation, it is proposed to secure the right of the proper tenant of the land plot to crops and harvest, which is to be harvested after the expiration of the land lease agreement, and to regulate the issues of convening, holding, and making decisions by the general meeting of the farm.

Modern Aspects of Leasing Publicly Owned Land Plots

The paper presents a study of modern aspects and the legal regime of leasing land plots in the Russian Federation that are in public (federal, owned by the Subjects of the Russian Federation, municipal) ownership, since currently in Russia, the lease of land plots that are in public ownership is the most common way of using land plots. The study was conducted in order to identify modern aspects and the legal regime of leasing public land plots for subsequent practical application by tenants and landlords. To achieve this goal, an analysis of the main regulatory legal acts currently in force in Russia regulating the provision of land plots for lease for various purposes is carried out. The significance of the study lies in the fact that, despite the constant improvement of the mechanism for granting land plots for rent, the procedures for granting land for rent are contained in many regulatory legal acts and often have gaps in legal regulation associated with constant changes in these regulations. As a result of the study, it is concluded that the general procedure for concluding a lease agreement for a land plot that is in public ownership is regulated by civil and land legislation, taking into account regional and local regulatory legal acts, as well as regulatory legal acts adopted by regulatory authorities in this area independently. Previously, this body was the Ministry of Economic Development of the Russian Federation, and since 20.01.2020 – Rosreestr, which for 2020-2021 adopted more than 20 regulatory legal acts that are important in the design of land lease agreements. The results of this study are recommended to be taken into account in their activities by legal entities and individuals who use the procedures for leasing land plots that are in state or municipal ownership.

ЕМФІТЕВЗИС: ІСТОРІЯ ТА ПРОБЛЕМИ ОБЛІКУ

The article examines the issue of emphyteusis. The historical origin of emphyteusis is considered and the main problematic issues are identified. Emphyteptic land use is one of the oldest forms of land use, originating in ancient Greece and becoming an integral part of classical Roman law. The reason for the spread and use of emphyteusis was the combination of economic use of land and maintaining dominance over large areas in government projects and the desire to obtain the status quo by its owners. The main aspects of the impact on management decisions on accounting for land resources are considered. Unlike a lease agreement, only agricultural land can be the subject of an emphyteusis agreement. One of the transactions that is increasingly used today for the long-term involvement of agricultural land in use is emphyteusis. The normative substantiation of emphyteusis relations and bills aimed at their legal settlement have been studied. A feature of the emphyteusis agreement is the limited legislation on its content, procedure for concluding, executing and terminating. In contrast to land lease agreements, the regulation of which is the subject of a separate law, only a few articles of the Civil Code of Ukraine are devoted to the regulation of emphyteusis agreements. A comparison of types of property law: easement, emphyteusis and superficies. Domestic and international legislation, current state of ownership of agricultural lands are analyzed. The organizational features of attraction of agricultural lands on the terms of emphyteusis and lease are determined. Emphyteusis as a real right can be transferred by the land user in sublease, inheritance, pledge, or as a contribution to the statutory fund of a legal entity. In other words, it is a certain asset that can be used both to sell and to raise funds. The right of emphyteusis as an accounting object has its own specifics, based on the organizational characteristics of this type of land use. Organizational, methodological and legal aspects of land resources accounting are substantiated, in terms of emphyteusis: objects of accounting, accounts, cost items and primary documents. The method of accounting for the right of emphyteusis, allows you to reflect the intangible asset and the sources of its formation, depending on the essential terms of the emphyteusis agreement.

Analisis Yuridis Terhadap Perjanjian Sewa Menyewa Yang Dilaksanakan Antara Suami Isteri Yang Berbeda Kewarganegaraan Di Indonesia (Studi Putusan Makamah Agung Nomor 3403 K/Pdt/2016)

The Article 1548 of the Civil Code explains that a lease is an agreement, whereby one party binds himself to give the other party the enjoyment of an item, for a certain period of time and with the payment of a price which the party has agreed to pay later. The limitation regarding the rental period are not set but based on the agreed period as well as the parties it is not explicitly explained whether a husband and wife can do a lease agreement. The prohibition imposed on married couples is only a legal act of buying and selling contained in the Article 1467 of the Civil Code. In practice in the field, there is a land lease agreement made in the form of an Authentic Deed with the parties at the time of making the lease agreement the land is still a husband and wife with different nationalities has been terminated and declared proven to have committed legal smuggling to control land in Indonesia on the basis of property rights by The Supreme Court in its decision Number 3403 K/Pdt/2016. The problem that can be raised in this study is whether a land lease agreement can be made by a married couple of different nationalities with the object of the agreement coming from joint property? If it is related to the authority to act on the parties in the lease agreement with the object coming from joint property and the principle of propriety as well as the judge's consideration in deciding the cases of land lease agreements between husband and wife of different nationalities which only refers to the characteristics of the lease term and the reasons that are not halal but not with the status of the parties at the time of making the lease agreement in the decision of the Supreme Court Number 3403 K/Pdt/2016. The results of the research indicate that the land lease agreement between husband and wife of different nationalities with the object of the lease agreement coming from joint property without performed the separation of assets is inappropriate and contrary to the propriety principle of Article 1339 of the Civil Code and the authority to act and the basis for the judge's consideration in canceling the lease agreement must consider the status of the legal relationship between the AMP (foreigner) and KP (WNI) and the object of the agreement, not only focusing on illegal causes and the time period considered by the judge contradicts the characteristics the characteristics of lease rights which have a limited period of time but in essence the time limit is not determined but the time limit is based on a mutual agreement between the parties. Keywords : Lease Agreement, Husband and Wife, Propriety Principle

Implementation of Agricultural Land Lease Agreements Based on Profit Sharing System in Kejajar District, Wonosobo Regency

Most of the Wonosobo area is a mountainous area, therefore the livelihoods of the Wonosobo people are still mostly working in agriculture. In Kejajar District, Wonosobo Regency, farmers/cultivators usually enter into lease agreements with landowners. To use the agricultural land is done orally based on trust and has been passed down from generation to generation by the people of Kejajar District, Wonosobo Regency. This becomes unclear if there is a dispute between the landowner and the cultivator. So this research was conducted to find out how the process of implementing the lease of agricultural land. The research method used in this study is a normative juridical approach, which is carried out through a literature study that examines secondary data in the form of legislation and other legal documents, as well as research results, study results, and other references. The normative juridical method can be supplemented by interviews. The people of Kejajar District still use agricultural land production sharing agreements using customary law, which is only done verbally and based on mutual trust between the two parties, even though the government has provided a legal umbrella related to the agricultural land product sharing system, namely Law Number 2 of 1960 concerning Agricultural Product Sharing. Most of the people of the Kejajar Subdistrict, Wonosobo Regency are also not aware of the existence of Law Number 2 of 1960 concerning Agricultural Product Sharing. The factors that occur in the implementation of agricultural land production sharing agreements in Kejajar District, Wonosobo Regency are due to the large number of farmers who do not own land, agricultural land that has been neglected for a long time, landowners who do not have much time to take care of the land because they are busy trading.Keywords: Profit sharing, Agricultural land, Leases

Granite Mining Operations in Umuelema Land, Amata-Village, Community, Ishiagu 1950-2010

Granite mining operations took place in some parts of Ishiagu community in the colonial and part of the post-colonial eras before the Nigerian civil war 1967-1970. The villages involved were Amonye and Amaeze village communities. The agencies of government that carried out the operation were the Nigeria Railway Corporation and the Nigeria Army Engineers. Mining activities commenced in the large expanse of land belonging to Umuelema kindred, Amata village, Ishiagu in the 1950s but increased in tempo in the 1970s following the end of the Nigeria civil war in 1970s. The war had some devastating effects on parts of the Nigerian nation, particularly Igboland which was a war theatre where virtually the entire infrastructural developments of the pre-civil war society came to the ruins. Availability of granite stones in our area of study attracted various categories of miners to the land. Labour was sourced from within and outside Ishiagu. Land lease agreements were entered into by each miner or groups of miners (leasee) and (the land owner leasers). Each party benefitted from the enterprise due to its lucrative nature. DOI: 10.7176/RHSS/11-10-04 Publication date: May 31 st 2021

Обход процедуры торгов путем изменения цели предоставления земельного участка

Moscow is one of the most dynamically developing regions of Russia, in which a very significant role is played by the issues of management and disposal of city property, especially of land plots. Further development of the economy and urban economy entails the need to change the purposes for which a particular land plot is provided and used, which is formalized by the conclusion of the relevant additional agreements. The purpose of the article is to analyze and summarize legislation, judicial and law enforcement practice on the issue of concluding and state registration of additional agreements to existing land lease agreements, by which the purpose of their provision is changed from the operation of existing buildings to new construction or reconstruction. This goal is achieved by solving tasks such as studying the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflicting issues in the area under consideration, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practices. In solving the above problems, general scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used. Based on the results of the consideration of these issues, the author formulates the main problems of the legal relations under consideration, assesses the emerging judicial and law enforcement practice, and formulates proposals for improving legislation and law enforcement practice.

Baikonur 2.0: ‘inland-offshore’ space economies in post-Soviet Kazakhstan

ABSTRACT The global space industry brings to mind the horizons of science and technology, large rockets, and heroic astronauts. The land and infrastructure used to launch things into the cosmos, however, is far less seen. Since the mid-1950s, large territories or ‘fall zones’ in the Kazakh steppe have been used for jettisoning stages of inter-continental ballistic missiles and other kinds of carrier rockets from the Soviet launch complex, in the south west of the country, known as the Baikonur Cosmodrome. In this article, I explore how land leases and use agreements between the Russian Federation and Kazakhstan after the fall of the Soviet Union have upcycled this Soviet era site into a private enclave for the accumulation of capital and waste of a now global space industry. As during the Cold War, launches from Baikonur depend upon thousands of miles of downrange land in Kazakhstan to be catchment areas for toxic fuel and rocket debris that falls from the sky during each and every launch. Here, I introduce the concept of an ‘inland-offshore’, to explain how post-Soviet land and infrastructure lease agreements have created offshore-like political and economic privileges and extraterritorial landscapes of proprietary governance.

IMPLEMENTATION OF LAND LEASE AGREEMENT MANAGED BY PT. INDONESIAN RAILWAYS IN THE OPERATING AREA 4 SEMARANG

The right to control from the state over land originates from the right of the Indonesian nation to land, which in essence is an assignment to carry out the duties of the nation's authority which contain elements of public law. PT. Kereta Api Indonesia (Persero) may diversify its business by utilizing its land in collaboration with third parties to support its main business. The purpose of this research is to determine the implementation procedure, the form of land lease agreements to the settlement of land lease defaults managed by PT. Kereta Api Indonesia (Persero) Operation Area 4 Semarang. This research is a sociological juridical research. The results of this research indicate that the implementation of the land lease agreement managed by PT. Kereta Api Indonesia (Persero) is carried out by submitting an application to the Executive Vice President of Daop 4 Semarang. If the contents of the contract have been agreed upon by both parties, the contract is made in 2 (two) copies and signed by both parties on a stamp duty. The form and content of the lease agreement is standard in nature, the contents of which are an agreement of two or more parties or a reciprocal standard agreement. Efforts made by PT. Kereta Api Indonesia (Persero) if there is default, but the contract period has expired and does not make an extension if 2 (two) months before the due date the tenant has not made an application letter for contract extension, the Asset Management Manager makes a notification letter to the tenant that the contract will end and concerned in order to complete the contract extension process.

Смогут ли реализовать за долги право аренды публичного земельного участка, приобретенное по результатам торгов?

The article discusses some conflicts in law enforcement related to the transfer of rights and obligations under state-or municipal-owned land lease agreements concluded at tenders that call into question the permissibility of exercising lease rights at public tenders in these cases.

Validity of Clause Automatic Renewal Land Lease Agreement for Telecommunication Towers

The lease agreement is generally a consensual agreement, meaning that it is binding on the second the agreement is reached and the respective parties are bound in it. The Civil Code does not explicitly determine the form of a rental agreement made, whether written or oral. The parties are given the freedom to determine the contents of the agreement, its implementation and terms. In practice, lease agreements for buildings or land are made in written form and the contents of the agreement have been formulated by the parties or just one of the parties, either in the form of an authentic deed or a deed under hand. Lease agreement made between PT. Profesional Telekomunikasi Indonesian with land owners is an agreement in which there are certain conditions, one of which is the automatic renewal clause of the lease term, however, this clause often creates disputes between the parties in its implementation. The problems discussed in this thesis are: 1). Is the inclusion of clauses for automatic renewal land lease agreements for telecommunication towers owned by PT. Profesional Telekomunikasi Indonesian are allowed under the engagement law? 2). What is the settlement if the land owner does not accept the automatic renewal land lease agreement for the telecommunication tower owned by PT. Profesional Telekomunikasi Indonesian? This research is descriptive in nature. The data used are primary data and secondary data. Sources of data in this study are library research and field research. Data were collected through interviews and document study. The data obtained were processed through editing and coding, then analyzed using qualitative analysis. Furthermore, the data is presented descriptively. Based on the research results, the authors concluded: 1). Inclusion of clauses for automatic renewal land lease agreements for telecommunication towers owned by PT. Profesional Telekomunikasi Indonesian have complied with the legal provisions of the agreement, and have fulfilled the legal requirements of the agreement even though in its implementation it still creates conflicts with land owners because it does not provide a sense of justice for land owners. 2) The settlement if the land owner does not accept the automatic renewal land lease agreement for the telecommunication tower owned by PT. Profesional Telekomunikasi Indonesian can be carried out by means of deliberation if the conflict remains unresolved, then the attempt for an arbitration lawsuit will be the final way to resolve it.

The Subject Of A Land Lease Agreement In Conjunction With A Water Facility Located On It

The publication is devoted to the study of legal and doctrinal trends in solving the issue of the subject of a land lease agreement in complex with a water object located on it.
 The author makes a reservation that the difficulty of clearly defining the subject of the studied treaty is due not only to the absence in the civil doctrine of a unanimous approach to understanding the essence of the subject of the treaty, but also to the natural inseparability of the water body with the land located on it.
 In the article, the author found that the legislative modelling of the contract, which mediates modern relations of use of the water body, was preceded by scientific studies of the features of ownership and use of this natural resource in conjunction with the land on which it is located.
 The author established the practical and doctrinal significance of using one contractual design for the lease of a water body and a land plot located under it. Such a legislative approach positively solves the problematic issues of the moment of acquisition of the right to lease a water object and the moment of transfer of the use object to the tenant, since the legislator connects these points with the time of state registration of the right to lease a land plot.
 The doctrinal effect of the application of this treaty model is manifested in the possibility of defining this contract in the system of civil law contracts, and affects the scope of application of civil, land and water legislation to the lease relations of a water body.
 In the publication, the author established that both natural resources - a land plot and a water object, together constitute the subject of a land lease agreement in conjunction with a water object located on it, formally correspond to the qualifying criteria of the thing as the subject of a hire (lease) agreement.
 The author concludes that the name of the contract model, simultaneously with the time of occurrence of the right to lease a land plot and a water object located on it, and the mandatory inclusion of a water body passport in such an agreement, make it possible to conclude that in the lease agreement of a land plot in complex with the water object located on it, it is not necessary to indicate technical data (volume and area) of the water body, since they are presented in its passport.

ЗЕМЕЛЬНА РЕФОРМА ЯК ЧИННИК АКТИВІЗАЦІЇ ІНВЕСТИЦІЙ У ВІТЧИЗНЯНИЙ АГРАРНИЙ СЕКТОР

Agricultural production and processing industries are of strategic social and economic importance and act as export oriented industries of Ukraine. However, complete absence of an adequate market for land, imperfect land management and questionable principles of land valuation restrict development of agricultural industry. The main difference with land market in any other foreign country is free access to easy and transparent trade of land plots. On the other hand, what other countries have perfected over the years, only remains at an embryonic stage in Ukraine. Having taken the above statements into consideration, it is of vital importance to research the empirical data of functioning land markets abroad and to analyze local aspects of the land reform in Ukraine. The research conducted identified country specific aspects which relate to trade and land lease. Namely: the highest and the lowest fee for land lease, the minimum term for land lease agreements, requirements for termination of land lease, priority of a tenant to purchase the land plot, protection aspects for landlords who cultivate their land, purchase priorities for the neighboring farmers, citizenship requirements for land owners and the maximum volume/area of land owned. In this research the main aspects and limitations of the following were considered: receipt of ownership rights for land plots which qualify for agricultural use by citizens of Ukraine, state owned banks, legal entities, foreign citizens, foreign legal entities, defined by Ukrainian legislation, Bill 552-IX. The research concluded that in order to ensure a successful land reform in Ukraine a range of conditions needs to be met. These include, but are not limited to: protection of ownership rights of landlords/investors, improvements to judicial system, adaptations to agricultural legislation and civil rights, registration of all land plots in s single register and adaptation of their fair value. As a result of application of the mentioned improvements, new and effectively functioning land markets should ensure the following: owner and investor protection, improvements in market transparency, inflow of investments and introduction of innovative solutions, efficiency improvements and higher capitalization of domestic agricultural producers. To conclude, the research has proven that application and adaptation of methods used in European countries in promotion of farming cooperatives, simplifying requirements to for leasing contracts, and trade loans from producers of agricultural machinery and equipment in order to surpass the breakeven point is relevant to development of Ukrainian market and it is recommended that past experience of European countries, which have already undergone this procedure is regularly consulted with.

Mediation and termination of the lease agreement of the land share in case of its allocation in kind on the ground

The article states that the legal regulation of land turnover requires their individualization. Therefore, in practice there is allocationof land shares (units) in kind on the ground. In this regard, the question still arises as to what happens to the land lease agreementin the case of allocation of land share - is it subject to termination or re-conclusion?It is noted that such disputes should be resolved not only in court, but also out of court – the order of mediation. Mediation shouldnot only take into account the interests of the parties to the land dispute and their needs, but also rely on current legislation on the issueand the practice of resolving such disputes by the Supreme Court. There is a need to determine the legislation on this issue and possibleapproaches to resolving such disputes through mediation.Determinants in the introduction of land share are the Decree of the President of Ukraine “On urgent measures to accelerate landreform in the field of agricultural production” of November 10, 1994 № 666/94 and the Decree of the President of Ukraine “On thedist ribution of land transferred to collective ownership of agricultural enterprises and organizations” of August 8, 1995 № 720 / 95.Despite the generally accepted fact in the theory of law that the object of turnover can only be individually identified property inthe transitional provisions of the Law of Ukraine “Land Lease” of October 6, 1998 № 161-XIV contains provisions according to whichcitizens – holders of certificates for the right to land share before allocating them in kind (on the ground) land have the right to enterinto lease agreements for agricultural land, the location of which is determined taking into account the requirements of rational orga -nization territory and compactness of land use, in accordance with these certificates in compliance with the Law of Ukraine “LandLease”.After allocating land in kind (on the ground) to the owners of land shares (units), the land lease agreement is renegotiated inaccordance with the state act on land ownership on the same terms as previously concluded, and may be changed only by agreementof the parties. Termination of the lease agreement is allowed only in cases specified by the Law of Ukraine “Land Lease”.The list of grounds for termination of the land lease agreement is not exhaustive. Cases of termination of the land lease agreement(share) may be provided by another law. However, the allocation of land on the basis of land share in kind on the ground as a basis fortermination of obligations of the parties is not provided by law, but in the order of the State Committee of Ukraine for Land Resources“Approval of the Standard Lease Agreement share” dated January 17, 2000 № 5.This inconsistency between these two acts, so different in their legal force, in practice leads to disputes over the grounds for terminationof the lease of land share in the event of its allocation.In this regard, in the Resolution of the Grand Chamber of the Supreme Court of September 1, 2020, case № 233/3676/19, a correspondingposition was expressed.Examining the above acts, we identified certain shortcomings in determining the grounds for termination of the lease of land(shares). Such uncertainty provokes land disputes.
 In order to improve the legal regulation of leased land relations, it is necessary to harmonize the legal requirements of differentlegal acts and enshrine in the Law of Ukraine “Land Lease” such grounds for termination of land lease as the allocation of land sharein kind on the ground.In order to effectively mediate land disputes, this inconsistency should be kept in mind in the following cases:1) when conducting contractual mediation, which will consist in concluding a land lease agreement (share) and agreeing on thegrounds for termination of this agreement. Such mediation will be aimed at preventing disputes over the grounds for termination ofsuch an agreement in the future;2) during the mediation of a dispute regarding the termination of the land lease agreement (share) in the case of its allocation inkind on the ground.

IMPLEMENTATION OF IJARAH IN EFFORTS TO IMPROVE FARMER WELFARE

Agricultural land has a large area and is useful for farmers, but not all villagers work as farmers due to limited funds and need money, so they prefer to rent it. This study aimed to determine the application of the ijarah contract and its impact on the agricultural sector. This study uses a qualitative method by applying a case study approach to obtain information directly from informants based on current cases. This study indicates that the application of agricultural land leases in Garung Village is following Islamic law. Several informants differ in explanations regarding the nominal fee of ujrah, year, and the expiration of agricultural land lease agreements. At the same time, the impact on landowners cannot improve welfare from religious indicators and souls. Still, it can improve welfare from indicators of religion, life, mind, descent, and property in terms of land tenants.

Правові засади агрохімічної паспортизації земель сільськогосподарського призначення в Україні

The article provides a scientific and theoretical analysis of the legal basis of agrochemical certification of land in Ukraine. It is indicated that ensuring the protection of agricultural land is impossible without the creation of an effective mechanism for maintaining the quality of soils, which requires their agrochemical certification. It is noted that despite the systematic adoption of «program» documents, this process remains unfinished so far. Particular attention is paid to the analysis of land legislation in the field of use of agrochemical certification data in the transfer of land ownership or provision for use, including on lease. The author emphasizes that despite the direct indication of the need to use the data of agrochemical certification in the transfer of ownership of land contained in the Law of Ukraine «On Land Protection», their absence is not grounds for revocation of decisions or recognition of agreements aimed at transferring rights ownership of land, invalid. The author concludes that in the conditions of opening of the market of agricultural lands, obligatory use of the data of agrochemical passports at change of the owner of the land plot or the conclusion of lease agreements is especially important. Compliance with this requirement will help not only to preserve the quality characteristics of land, but also to ensure the protection of the rights of their owners. To this end, it is necessary to make a number of changes to the land legislation of Ukraine, in particular the Land Code of Ukraine, the Laws of Ukraine «On Land Management» and «On Land Lease». Keywords: agrochemical passport, land degradation, land lease agreement, soils, agricultural lands, land monitoring, land protection, fertility

Some aspects of the provision of land in the implementation of housing in order to fulfill the agreement on integrated development of the territory

The article assesses some of the problems that arise in the practical application of the norms of civil, land and other Russian legislation when concluding and fulfilling an agreement on the integrated development of territories for housing construction. The authors pay special attention to the issue of the content ratio of such concepts as type of permitted use of a land plot and integrated development of the territory. There is a need to introduce such permitted type of land use as integrated development of territories for the period of construction. The authors draw attention to the totality of obligations under the agreement on the integrated development of the participants’ territory and note that their violation by state authorities and local authorities can lead to improper fulfillment of obligations by the developer, which will lead to termination of land lease agreement and additional costs for land lease. The authors propose developing a mechanism to protect the interests of the developer when concluding an agreement on leasing a land plot, in order to implement an agreement on the integrated development of the territory.

Renewal of the Land Lease Agreement: Problems of Theory and Judicial Practice

Land is the most important object of the environment. It is an indispensable means of production in agriculture, the territorial basis for the location of various objects. It is argued that the proper functioning of land lease relations is a guarantee of sustainable economic circulation, a guarantee of the exercise of rights and performance of duties by both the lessor and the lessee of the land. The issue of renewal of the land lease agreement after its expiration is debatable. The purpose of the study is to outline the existing theoretical and law enforcement problems regarding the renewal of the land lease agreement, to make proposals to eliminate the latter. To achieve this purpose, a system-structural method of scientific knowledge was used, which helped analyse the prescriptions of the legislation on renewal of the land lease agreement, their relations and interaction were highlighted. The study proves that the lessee's pre-emptive right exists to renew the land lease agreement only for the same period and on the same terms and in the absence of objections to such renewal by the lessor. If the lessee tries to change the essential terms of the land lease agreement and in the absence of the lessor's consent to such changes, the lessee's pre-emptive right to enter into a land lease agreement for a new term is terminated. It is emphasised that in each dispute it is necessary to establish the good faith of the lessor’s actions to refuse to renew the land lease agreement with one person (lessee) and the subsequent conclusion of the agreement with the new lessee. The use of the category of "less protected" party in land lease legal relations appears debatable, because depending on the subject composition of the parties to these legal relations, such a party can be both a lessee and a lessor. It is concluded that the Supreme Court should unify the practice of applying the provisions of the law on the renewal of the land lease agreement (only in combination with other regulations or autonomously, with the use of the principle of "tacit consent"). The possibility of autonomous application of such instructions is indicated by the provisions of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning Counteraction to Raiding”. The revealed shortcomings of the legal regulation of the renewal of the land lease agreement after its expiration indicate the directions of improvement of the legislation in land lease, which has practical significance

Notary According To Civil Law And Common Law That Related Strongly With International Civil Transactions

The world is increasingly without borders which has an impact on legal services such as the world of civilization, especially notary. However, in reality there are still many intersections of legal systems that are increasingly widespread in the notary world that are included in civil law, for example, the practice of international trade has made the boundaries between legal systems increasingly thin. Including differences in the use of legal systems such as Civil Law and Common Law in each country also affects the development and type of civil law system. For example, the bookkeeping and business taxation system will be built based on certain legal systems across jurisdictional boundaries including land lease agreements for industries with foreign investors.

Athenian Decree on Salamis

This inscription, found on the Acropolis of Athens and usually dated to the late sixth century BCE, bears the earliest extant Athenian decree. The decree defines the legal status of a group of citizens living on Salamis. According to the reading supported here, the Athenians allow them to reside on Salamis, but rule them to be equal to the citizens living in Attica with regard to fiscal and military obligations. Land lease agreements and the procurement of arms by the cleruchs are subsequently regulated. The final line could contain a mention of the Council, which does not appear in the opening formula, or the eponymous archon’s name.