Land Lease Agreement Research Articles

Division and spin-off as legal forms of disaggregation of economic organizations

The article highlights the issues of division and spin-off as legal forms of disaggregation of economic organisations, provides legal regulation of these forms in Ukraine, the EU, foreign countries (Germany, Poland) and the relevant analysis of court practice. The author identifies the general (common) features of division and spin-off of economic organisations according to the following criteria: subject composition, purpose, legal form of disaggregation, basis for legal relations; documentation of property transfer, rights and obligations; universal legal succession; and subsidiary liability. The author distinguishes special (distinctive) features of division and spin-off of economic entities according to the following criteria: legal result; legal consequences; and the moment of procedure completion. It is substantiated that it is advisable to regulate the basic concepts and essential characteristics of disaggregation of economic organisations by means of division and spin-off in the Commercial Code of Ukraine or, in the future, in the Economic Code of Ukraine. In this regard, the author provides the wording of the relevant definitions of division and spin-off, which is proposed to be enshrined in parts 4 and 5 of Article 59¹ ‘Termination of an Economic Organization by Reorganisation’. It is found that the analysis of court practice regarding the essence of reorganisation in the form of spin-off shows a difference in approaches, which are fundamentally opposite in nature, when: (1) spin-off is not recognised as a type of termination or reorganisation of a legal entity; (2) spin-off is defined as a form of reorganisation of a legal entity. The author proves that such ambiguity of court practice affects the consideration of a case on the merits, in particular, when changing the subject composition in land lease agreements in the event of a lessee's reorganisation by way of spin-off. The author proposes, taking into account the legislation of foreign countries (Germany and Poland) and EU law, to introduce the following legal forms and constructions into the current legislation of Ukraine: (1) ‘division by acquisition’ (simultaneous use of the forms of division and accession), (2) ‘spin-off by acquisition’ (simultaneous use of the forms of spin-off and accession); (3) ‘separation’ (for JSC, LLC, ALC) - by the formation of a new company and by acquisition.

Optimization of Methods for Rent Assessment of Land Parcels with the Permitted Use for Improvement

The paper deals with the comprehensive study of calculation methods and the author’s methodology for adjusting the amount of rental payments for land parcels in state ownership with the permitted use for improvement using the case of Irkutsk city. The paper is focused on the urgent problem of compliance with established principles for determination of rent for land parcels, especially the principles of predictability of calculations, prevention of deterioration in the economic condition of land users and support of socially significant activities. A study of domestic and foreign practice has revealed two main problems in calculation of land rent: the adequacy of the cadastral value of land, mainly due to taking into account the maximum number of relevant factors, and the correctness of adjustment factors to this value when determining the rental rate. Using Irkutsk city as an example, the following shortcomings were found in the existing approaches: inaccuracy of the calculations and fixed coefficients and percentages applied to the calculation of rent within the municipality, regardless of the forms of permitted use. Special attention is paid to areas intended for improvement. These areas cannot be classified as investment assets that bring economic benefits. It is proposed to individualize the determination of adjustment factors to the cadastral value, taking into account the cadastral quarter and the type of permitted use. The developed changes comply with the principles for determination of rent enshrined in the legislation of the Russian Federation. The proposed methodological improvements were tested by comparison of actual and estimated rent receipts to the budget of Irkutsk city in 2023. The application of the proposed methodology will prevent the termination of land lease agreements due to unreasonably inflated rent costs, ensuring a balance of public and private interests.

Practice of Cancellation of Agricultural Land Lease Agreement Unilaterally in Islamic Law in Sejangkung Hamlet Parit Raja Village Sejangkung District

Practice of Cancellation of Agricultural Land Lease Agreement Unilaterally in Islamic Law in Sejangkung Hamlet Parit Raja Village Sejangkung District

The Rationality Of The Judge's Decision States That Good Faith Is The Basis For Canceling The Lease Agreement For Land And Buildings Under His Control

In general, when people make written agreements regarding the rental of land and house buildings, they are usually made privately, some of which are notarized (Notarial Deeds), some parties choose to make written agreements regarding the rental of land and house buildings. made by hand with sufficient stamp duty. One example of the Supreme Court Decision Number 1078 K/Pdt/2021, the basis of the lawsuit filed by the Plaintiff is Bad Faith committed by the owner of the rental object in the lease extension agreement for the land and building under his control, then the actions or actions of the owner of the leased object can be categorized as an act of breach of contract or breach of contract. This research aims to find out whether there is a rational basis for the judge's decision which states good faith as a basis for canceling land and building lease agreements based on Supreme Court Decision Number 1078 K/Pdt/2021. This research method uses normative juridical research using a case approach. The analysis technique used is the syllogism method and interpretation using deductive thinking patterns. The results of the research and discussion can be concluded that legal rationality is needed by judges in carrying out their considerations in order to determine decisions that contain the values ​​of justice and the law that applies in Indonesia. This does not only apply to one type of legal rationality but also applies to other types. The use of this type of legal rationality requires looking at the relationship between facts, norms, morals and doctrine in considering the judge's decision. The issue of default used in the main issue in the decision becomes a boomerang for the tenant, in this case the tenant, because there is no legal force in the rental agreement signed by the tenant with the renting party. Different conditions will occur if the rental agreement is made before a notary and explains that they have entered into an agreement and asks the Notary to make a deed, then this deed is a deed made before a Notary (Notarial Deed). So in this case, the parties to the agreement have legal certainty and are therefore legally protected, so that if a dispute occurs in the implementation of the agreement, the judge with his decision can force the violating party to carry out its rights and obligations according to the agreement.

Expert elicitations of smallholder agroforestry practices in Seychelles: A SWOT-AHP analysis

Agroforestry can leverage the co-benefits of climate change adaptation and mitigation while conserving biodiversity and restoring degraded and deforested lands. The preference of relevant stakeholders regarding agroforestry practices enhances sustainable land management through strategic decision-making in Seychelles and other island states. A suitable approach for assessing stakeholders’ preferences of agroforestry is the implementation of the strengths, weaknesses, opportunities, and threats (SWOT) approach in combination with the analytic hierarchy process (AHP) method. The entry point of this study is an extensive literature review process, during which 28 SWOT factors were identified. These SWOT factors were deliberated on during a half-day workshop with agricultural experts who agreed on 20 SWOT factors that reflect the local realities of the Seychelles through a consensus approach. Using the SWOT-AHP approach, focus group discussions were conducted to examine the perceptions of researchers and extension workers about the adoption of agroforestry in Seychelles. The results indicated that the positive aspects of smallholder agroforestry outweigh the negative aspects. For example, increased agricultural production, control runoff and soil erosion receive the highest scores among the strength factors perceived by researchers and extension workers, respectively. The willingness of international organizations to fund agroforestry-related projects and the existence of native tree species on farmlands have the highest scores among the opportunity factors. The lack of education, information, and communication between the government and farmers, and the small land size and crop competition have the highest scores among the weakness factors. Lastly, change in government policies on land use has the highest score among the threat factors by researchers, whereas the most significant threat is climate change and variability for the extension workers. The provision for a thirty-year land lease agreement in the National Agroforestry Policy of Seychelles is viewed by both groups as an incentive that could potentially drive the adoption and acceptability of agroforestry. Furthermore, better coordination of various efforts to promote agroforestry and more substantial extension services for farmers, especially the role of technologies for optimal production on small plots of land, can enhance climate resilience in Seychelles and other small island developing states.

The farms activity under the martial law

The paper analyzes the legal regulation of the activities of farms in Ukraine under the conditions of the legal regime of martial law. The concept of farms, the procedure for their registration and the composition of their land plots are given. The procedure for acquiring ownership rights to agricultural land plots by citizens of Ukraine – members of farms and farms is generalized. The grounds for the preferential right to purchase (repurchase) land plots and register the lease of land plots are indicated. It has been established that the state, under martial law, is trying to legally regulate land relations and the work of agricultural producers, including farms. The peculiarities of the legal regulation of the activities of farms in the conditions of martial law are determined. The changes in the current legislation during the period of the introduction of the legal regime of martial law on the territory of Ukraine, which relate to the activities of farms, in particular regarding lending, reservation of conscripted farm workers, simplification of licensing of seed material and equipment, are analyzed. The judicial practice in the field of land relations of farms was analyzed and proposals were made for making changes to the current legislation. According to the results of the scientific research, it is proposed to add part 7 of Article 81 of the Law of Ukraine "On Land Leasing" with the following content: "After the state registration of the farm and the transfer to it of the rights and obligations of the lessee of the land plot under the land lease agreement of the state or communal form of ownership, such the transfer does not require the parties to the lease to take any additional actions, including the conclusion of additional agreements. In this case, the lessee does not alienate the right to lease the land, which is limited by the first part of this article".

Land lease agreement in wartime conditions

Land lease agreement in wartime conditions

VLegal Certainty of Lease Rights for Foreign Citizens of Ownership Land in Indonesia

In Indonesia, regulations have been issued that guarantee certainty over land in Indonesia, one of which is Law Number 5 of 1960 concerning the Basic Agrarian Law, which was subsequently reduced using Government Regulation Number 10 of 1961 concerning Land Registration and replaced with Government Regulation Number 24 of 1997 Concerning Land Registration, Foreign Citizens who have an interest in investing in Indonesia do a lot of land lease agreements, especially in Bali, because the term of a lease in Indonesia is not specifically regulated, law smuggling often occurs where a lease agreement has a long term, even indicating a lease for lifetime. Therefore the importance of a legal certainty regarding the lease term is regulated in a statutory regulation, so that in determining the term in the lease agreement it still has a decency and fairness in its implementation.The research method in this writing uses normative juridical law research with a statutory approach , legal concept approach and case approach. In this thesis, the author discusses two legal issues related to legal certainty regarding the time limit for leasing private land in Indonesia for foreign nationals and the legal consequences arising from the ambiguity of legal norms regarding arrangements related to the time limit for leasing private land in Indonesia. The results of the research show that in terms of determining legal certainty related to the lease term for now, it can use or be based on the principle of decency in Article 1339 Kuperdata. The consequences that arise when a lease agreement has a time limit indicating a living well lease is a non-existent legal act

Features of evidentiary information in civil proceedings regarding land property disputes, the object of which is agricultural land

The article discusses certain aspects of evidence used by the parties to the civil process, the subject of which is the resolution of property disputes related to land relations in relation to agricultural land.
 In the process of scientific research, the authors turn to legal concepts of “evidence”, “data”, “evidential information” that are well-established in procedural science, providing them with a procedural and legal characteristic through the prism of property legal relations.
 The article reveals the characteristics of the land lease agreement as the primary source of basic evidence, which is an integral part of the evidence system in the category of cases under study. In this regard, it is noted that the land lease agreement is by far the most common basis for the emergence of lease land legal relations and the form of their fixation, the object of which is an agricultural land plot.
 The article contains the author's definition of the concept of proof in the field of property disputes related to land relations, the subject of which is a lease relationship with respect to agricultural land. In addition, the authors give a definition of the term "evidence" in the field of property disputes related to land relations (land property disputes), which should be defined as specific data contained in the procedural form of various evidence confirming or refuting the presence of a violated, unrecognized or disputed property right of a person, which is connected with the right of ownership or use of a particular land plot. At the same time, the evidentiary value of such a legal category as “evidence” contained in the information from the State Register of Individuals-Taxpayers of the State Fiscal Service of Ukraine was analyzed through the prism of the requirements of the Tax Code of Ukraine, which determine the specific tax obligations of the tenant of the land plot.
 This scientific work is based on the jurisprudence of the Supreme Court, which reveals and fixes certain aspects that are not regulated by land legislation regarding the property liability of the parties to the lease agreement, the grounds for collecting debt from the rent and terminating such a transaction by terminating it.

Implementation of Land Auction for Kebonharjo Village: A Comparative Perspective

The purpose of this research is to find out the procedure for village treasury land lease agreements through an auction system and to find out the obstacles encountered in the auction process for village treasury land in Kebonharjo, Polanharjo District, Klaten Regency. This study uses an empirical approach method. The type of research used in this research is descriptive analysis with a comparative approach perspective. The results of this study concluded that the procedures for land lease agreements for treasury village in Kebonharjo Village, Polanharjo District, Klaten Regency were carried out through several stages, namely: (1) Forming an auction committee (2) Collecting data on village treasury land, (3) Disseminating information regarding the existence of village treasury land auction. (4) Informing the auction rules, (5) Selecting the auction winner, and (6) Entering into a village treasury land lease agreement. The obstacle in the process of implementing the village treasury land auction held by the government of Kebonharjo Village, Polanharjo District, Klaten Regency, was the lack of interest from the community who took part in and attended the auction being held. This is because most people already have privately cultivated land and not all work as farmers. So that not all residents want to participate and attend the auction held.

ОРГАНІЗАЦІЯ ОБЛІКУ ЗЕМЕЛЬНИХ РЕСУРСІВ ЗА ДОПОМОГОЮ СУЧАСНИХ ІНФОРМАЦІЙНИХ СИСТЕМ

The article is devoted to studying the theoretical and methodological foundations of organisation of accounting of land resources as an economic category with specifics of building primary, analytical and synthetic accounting. It identifies the components of the system of accumulation, systematisation, processing and analysis of economic information on quantitative, qualitative and legal nature of land use. Accounting acts as an information link between the national and sectoral levels and between the production and investment activities of an individual business entity, which allows for operational and strategic decisions on the further use of land as the main means of production in the agricultural sector. In order to improve the quality and reliability of information, financial accounting of land resources in the accounting and analytical information support system should be logically structured in certain areas, in particular: by type of land use (ownership, possession, lease) in the context of land users or landowners; by composition and types of land; by qualitative characteristics that can be formed using modern information programmes BAS AGRO, Accounting and Agri: Accounting. The article offers improvement of primary accounting in the formation of qualitative indicators of land resources, for disclosure of peculiarities of agricultural land in the accounting system. It is recommended to keep calculations of rent accrual in account 685.1 "Settlements with various creditors under land lease agreements". In order to systematically generate accounting information that is mandatory for analysing the state of use of leased land, and to increase the control function of off-balance sheet account 01 "Leased non-current assets", it is advisable to open additional subaccounts: 01.5 – leased property (property shares); 01.6 – leased integral property complexes; 01.7 – property subleased, etc. This information can be provided in specialised software. The advantages and possibilities of the software of land resources accounting and share calculations with the help of the programs "BAS AGRO. Accounting" and Agri: Accounting.

ФОРМИ ТА ПЕРЕВАГИ ІНКЛЮЗИВНИХ МОДЕЛЕЙ РОЗВИТКУ АГРОБІЗНЕСУ

The article is devoted to researching the scientific and applied foundations of building models of inclusive development of the agricultural sector and rural areas of Ukraine. Under modern conditions, the authors consider it expedient to consider increasing the level of inclusivity of agribusiness as a key strategic direction for achieving the goals of sustainable development of the national economy. Given the specifics and development trends of the agricultural sector of the Ukrainian economy, domestic agriculture can be defined as one of the most stable types of economic activity. In the future, agriculture may be able to provide the prerequisites for the revival of the national economy. In order to achieve this goal, it is necessary to find ways and tools for the implementation of inclusive development principles and models into agricultural practice. The set of advantages that the implementation of the principles of inclusivity in the practical activities of agribusiness structures can provide for all participants of the agri-food value chain is defined in this article. The main challenges and obstacles hindering the development of inclusive processes in agriculture are also identified here. Based on the study of foreign experience, the main forms of practical implementation of models of inclusive agrarian business were selected. Among them: models of contract farming; inclusive models of social farming; microfranchising; agricultural cooperatives, organizations and their group forms; public-private partnership; agricultural land lease agreements and agricultural management. Financial agrarian inclusion was defined as the economic basis for increasing the level of inclusiveness in the development of agriculture and rural areas. To characterize its content and nature in the methodological and practical plane, it was proposed to separate its four main dimensions, among them: 1) kinship, availability of financial resources and digital infrastructure; 2) increasing the efficiency of the use of financial resources; 3) inclusive regulatory agrarian and financial policy; 4) development of the potential of inclusive socially responsible agricultural investment.

Особенности регулирования отношений аренды государственных и муниципальных сельскохозяйственных земель в Центрально-Чернозёмном экономическом районе

The article examines the results of bidding for 2021-2022 for the right to conclude a lease agreement for agricultural land plots owned by the state or municipal in the Belgorod, Voronezh, Kursk, Lipetsk and Tambov regions representing the Central Chernozem Economic Region of Russia (CER). The analysis of the information posted on the state portal in the unified information system of the Russian Federation made it possible to assess the scale of transactions in these subjects of the Russian Federation on the basis of groupings of land plots sold at auction, by area, lease term, form of ownership. The results of past and failed transactions, transactions with one participant for the right to conclude a lease agreement are considered. The comparison of the initial and final rent for the lease of land plots per 1 hectare is carried out. The values of indicators that characterize the rental market – the capitalization coefficient and the capitalization period - have been studied during the auction. The participation and activity of legal entities, peasant (farmer) farms, and individuals in auctions for the right to conclude a land lease agreement are evaluated. The role of rent in the formation of the revenue part of the budgets of the studied subjects of the Federation is shown.

RENEWAL OF THE CONTRACT FOR LEASE OF A LAND PLOT UNDER THE CONDITIONS OF MARTIAL LAW IN UKRAINE

In the conditions of martial law, introduced by the decree of the President of Ukraine No. 64/2022 of February 24, 2022, all social relations have undergone significant changes. Civil law is no exception, which in turn is one of the main ones in the process of functioning and development of the state. The factors that influenced the deformation of social relations include both subjective and objective factors. This was expressed in the physical impossibility of the functioning of certain state mechanisms and institutions, the duties of which are to provide citizens with a certain number of rights and opportunities. Therefore, the purpose of the article is to study the peculiarities of the process of renewal of the land lease agreement under special conditions, namely during martial law. The work used the method of analysis and synthesis, comparison, deduction, generalization. As a result, it was possible to reveal the content of the land lease agreement, as well as its original provisions. In addition, the legal framework that regulates the field of land lease, as well as the obligations of the parties to such a contract, has been researched. An important part of the work was the study of legislative innovations that changed the procedure for renewing the land lease agreement. Based on this, the meaning of the concept of “expression of will” was studied and possible ways of renewing the contract without proper expression of will of the parties were considered. In addition, the external conditions that influence this process and can negatively affect the legal position of the lessor or lessee are investigated. It is important that, in addition to the identified shortcomings in the new norma­tive legal acts, recommendations for their elimination and resolution were formed in the work. To a greater extent, changes should be made to some laws regulating land relations, in particu­lar land lease agreements. The practical value of the work is revealed in the fact that it can be used both by ordinary citizens to protect their rights and fulfill their duties, and by legislators in order to eliminate regulatory conflicts characteristic of the current legislation.

JURIDICAL STUDY OF LEASING OF HOSPITAL FOUNDATION ASSETS TO HOSPITALS IN THE FORM OF A LIMITED LIABILITY COMPANY

Law number 28 of 2004 amendments to law number 16 of 2001 concerning foundations, in article 5 paragraph (1) explains that the assets of foundations are stopped or distributed directly or indirectly. In fact, there is a hospital from a foundation which, due to being pressured by the need to improve hospital management, the foundation which manages the hospital business unit forms a pt to manage the hospital business unit. This research discusses the role of a notary in the process of transferring assets from a hospital foundation to a hospital in the form of a limited liability company and what is the mechanism for the process of transferring assets from a hospital foundation to a hospital in the form of a limited liability company and what are the responsibilities of legal organ foundations in an effort to transfer the assets of a hospital foundation hospital to a hospital in the form of a limited liability company. This research is a normative juridical research with an approach based on the main legal material by examining the theories, concepts, legal principles and laws and regulations related to research. The results of the analysis are presented qualitatively. Data in the field was taken through interviews with the foundation and notary who made the lease deed. The results of this study are the role of the notary in the transfer of assets, namely the role of the notary as the maker of the land lease agreement owned by pt husada to khoirunissa hospital. The mechanism for the process of transferring assets from a hospital foundation to a hospital in the form of a pt is through a lease agreement. PT. Husada leases its assets in the form of land and is leased by the khoirunisa foundation on which a foundation hospital is built called rsia umi barokah.

Disposal of a land plot: abuse of the right or a variant of the “norm”

The article attempts to analyze the market for the lease of land plots in state and municipal ownership. The author considers the features of a land plot as a subject of a lease agreement, its characteristics as an individually defined thing and the possibility of using land plots as a financial asset.
 Among the characteristics of a land plot as the subject of a lease agreement, its purpose, associated with the type of permitted use, is considered. The author provides an analysis of law enforcement practice aimed at changing the type of permitted use of a land plot provided for temporary use by individuals or legal entities, and explores the need to amend the land lease agreement.
 The author suggested that the ambiguity in the interpretation of the procedure for changing the type of permitted use, and, as a result, making changes to the lease agreement, can be eliminated by including, by agreement of the parties, in the agreement a condition on the impossibility of changing the type of permitted use during the term of the agreement.
 The dispositiveness of civil law makes it possible to include this condition in the contract and avoid both the abuse of the right and the possibility of concluding “speculative transactions” to replace the party to the obligation in order to circumvent competitive procedures.

BISHOP'S AND MONASTERY SPHRAGES OF 1690 – 1735, AS A SOURCE FOR THE STUDY OF HISTORY OF MARAMOROSH ORTHODOX DIOCESE AND THE MARAMOROSH UNION VICARIATE

The article examines sphragistic sources directly related to the activities of the Maramorosh Orthodox Diocese and the Maramorosh Union Vicariate of the late XVII – first half of the XVIII century. With the help of auxiliary disciplines, the authors attempt to fill in the "white spots" in the pages of church history of the region. The period of the history of the Mukachevo diocese chosen for study is characterized by the institutional development of two new dioceses, which separated from the ancient Mukachevo diocese - Mukachevo Greek Catholic and the new – Maramorosh Orthodox Diocese. As a result of the active proselytizing activity of the episcopate in 1723, the former of these units created a union vicariate in the Maramorosh County, which in time acquired the status of a diocese. The active development phase of both ecclesiastical units lasted from 1690 to 1730. During this period, vital institutional processes took place, which contributed to forming and establishing two countег centers. The results of the research article innovatively present the vision and analysis of sources that are inextricably linked to the formation of two church centers. Based on the elaborated episcopal and monastic sphragis, new adjustments are made to the existing paradigms of administration and management of dioceses. The detailed methodology opens a wide field for discussion and further study of the history of the Church in Transcarpathia in this period. The principles of heuristics used in the study allow us to look in a new way at individual processes in the construction of ecclesiastical centers. These include episcopal ordinations of monks, de facto jurisdictional statuses of vicars, processes of concluding land lease and loan agreements, monastic epistolary heritage, diocesan activities to open new monasteries and renovate the leading segment of existing ones, the reaction of parishes during the introduction of the union in Maramorosh, etc. At the same time, the analysis of monastic and episcopal sphragis also allows for a broader analysis and research of the specific topic of the development of the document flow of dioceses, the legal component in the formation of dioceses, and the formation of their church-canonical status. In addition, the topic significantly develops sphragistics directly as a science in terms of its narrow specialization in the study of church-administrative components and their development. Discovered and processed documents state the fact that church sphragistics in this period was in the process of self-development, identification, verification, improvement, and legitimacy, which required the then church situation.

Актуальные проблемы аренды земельных участков как объектов недвижимости в Российской Федерации

Introduction: the land lease agreement is one of the most common in the sphere of civil turnover of land and other natural resources. However, despite the long-term reform of the civil and land legislation, as well as developed law enforcement practice, there are still many gaps and conflicts in the regulation of this sphere of public relations that need to be addressed. The purpose of the study: the identification of shortcomings of the legal regulation in the field of land lease, the development of constructive proposals to eliminate them. Relevance: the development of contractual relations in the sphere of the use of land plots as real estate objects requires an integrated approach that allows building a balance between private and public interests, as well as between the norms of civil and land law reflecting these interests. Meanwhile, at the moment the solution to this problem has not been achieved, which requires doctrinal discussion and legislative reform. Methods: the paper uses general and specific scientific methods, including the concrete historical method that allows identifying the causes of certain legal problems, as well as the method of system analysis that allows considering the problems under study in the context of other legal phenomena and processes. Results: in the course of the study, conflicts between the civil and land legislation regulating the lease of land real estate are identified, and proposals are made to eliminate them. Conclusions: it is proposed to expand the list of essential terms of the land lease agreement, the differences in the legal regulation of lease on lands of various categories are determined.

Formation of the Kazakh Diaspora In Uzbekistan In The Soviet Era

The article is devoted to the historical period of the 20-50s, the time of the formation of the Kazakh diaspora inhabiting Uzbekistan. Its goal is to show the reasons for the transformation of Kazakhs, disconnected from their historical homeland, into a diaspora, to characterize the demarcation of the ethnicterritorial borders of the Central Asian republics in the initial period of the Soviet era, 1942-1947. In the article, the author provides an overview of the studies and sources associated with these problems. At the same time, the results of the demarcation of the ethnic-territorial borders of the republics of Central Asia in 1924-1928 are considered. It is noted that due to the fact that the interests of indigenous peoples were not taken into account, territorial disputes arose, in particular, between some volosts of Tashkent district, land lease agreements between Uzbekistan and Kazakhstan as a result of the transformation of part of the Kazakhs into a diaspora. The author substantiated the political events indicated in the article with numerous archival and statistical data obtained from the archive of Uzbekistan. The main stages of the formation of the Kazakh diaspora in Uzbekistan during the Soviet period, related political events are shown. The article can be used for textbooks, topics related to the Kazakh diaspora, special elective courses. Key words: Kazakh diaspora, Uzbekistan, Central Asia, ethnic-territorial demarcation, Tashkent district.

Conflict of legislation on non-stationary trade

The article examines the legal situation of non-stationary trade objects, considers aspects of reforming the legal status of non-stationary trade in the Russian Federation, as well as the implementation of state policy in the field of non-stationary trade in the Samara Region. The author concludes that the current legislation places in unequal conditions the owners of non-stationary trading facilities that have concluded land lease agreements at different periods of time, namely: before March 1, 2015 and after this date. In addition, the article draws attention to the insufficient certainty of the legal status of non-stationary trading facilities in the Russian Federation as a whole and the formation of various law enforcement practices that do not always protect the interests of business entities. It is noted that the formation of a legal certainty regime is an important guarantee for the development of small and medium-sized businesses in the Russian Federation. The author proposes measures aimed at establishing the equality of owners of non-stationary trading facilities and restoring competition.