Land Ownership Relations Research Articles

ПРОТИВОРЕЧИВОСТЬ СМЕНЫ ФОРМ СОБСТВЕННОСТИ НА ЗЕМЛЮ КАК ПРИЧИНА КОНФЛИКТОГЕННОСТИ В КАЗАХСТАНЕ

Цель данной статьи заключается в раскрытии вопроса об изменении форм собственности на землю, как причина различного рода коллизий в Казахстане.Собственность на землю у кочевых народов отличается от тех, кто вёл оседлый образ жизни, и имеет свои специфические признаки. В этом отношении не стала исключением и территория Казахстана. Главной целью, проводимой в стране земельной реформы, изменение в Конституции Республики Казахстан, являются задачи эффективного регулирования земельных отношений и повышение культуры бережного отношения к земле. Одна из задач была частично решена, признана «народная собственность» на землю. Тем не менее инспектирование земель показало негативные тенденции в использовании сельскохозяйственных земель: выведение пашни из оборота, деградация почвенного плодородия, часть земельных ресурсов становится объектом спекуляции, рейдерских захватов. Все это создает почву для конфликтогенов и угрозу национальной безопасности Казахстана.В последнее время появились работы казахстанских ученых, посвященные проблемам земельной собственности. Но многие вопросы земельных отношений нуждаются в дальнейшем исследовании, требуют разработки научно обоснованных рекомендаций по совершенствованию отношений собственности на землю. Всё это наглядно свидетельствует о том, что вопрос о собственности на землю вряд ли может иметь только одно, единственно правильное решение. Целью нашего краткого экскурса в историю формирования собственности на землю является исследование причин конфликтогенов из-за недостаточной разработанности теорий о собственности земли в Казахстане, несмотря на принятый кодекс «О земле» и множество действующих законов. Споры о собственности граждан и юридических лиц на земельные участки и в целом о форме собственности на землю не завершены до настоящего времени.

Ensuring legal security of ownership of business entities.

The article is devoted to the study of the essence of the security of property rights of economic entities. The article emphasizes that a business entity has the right to be the owner of any property that is not prohibited by law. Property is a necessary component of economic activity. Therefore, ensuring the legal rights of economic entities to property is an important issue. The article analyzes the current legislation of Ukraine on the protection of property rights. It is noted that the Constitution of Ukraine establishes the duty of the state to ensure the protection of the rights of all subjects of ownership and management, and the social orientation of the economy. All subjects of property rights are equal before the law.
 The article states that depending on the types of property that may be owned by the business entity, the current legislation defines various means of protecting the right of ownership. In particular, in the article, using the example of land ownership relations, various means of protection are given, taking into account the provisions of the current legislation of Ukraine. The owner of a plot of land or a land user may demand the elimination of any violations of his rights to land, even if these violations are not related to the deprivation of the right to own a plot of land, and compensation for damages. The main ways of protecting land rights are to file a negative lawsuit in court, to declare the agreement regarding the land plot invalid, to invalidate the decisions of executive authorities or local self-government bodies that violate the rights of land plot owners and land users. Also, a separate type of protection of land ownership should be considered the restoration of the condition of the land plot that existed before the violation of rights, and the prevention of actions that violate rights or create a danger of violation of rights.
 The conclusions emphasize the need for further improvement of the mechanism of applying the norms of the current legislation of Ukraine in practice to ensure reliable security of property rights.

Expert and analytical tools of the land resource management system of agricultural enterprises

The article is devoted to defining and substantiating the procedures for applying expert analytical tools to agrarian enterprises' land resources management systems. The problems and prospects of economic evaluation of land use in Ukraine's agriculture in modern market conditions are considered. The sequence of application of expert-analytical procedures in the analysis of land use of agricultural enterprises is proposed, which includes the collection and systematization of information about land plots, the analysis of the suitability of land resources for agricultural activity, the assessment of risks and opportunities related to agricultural activity, forecasting the development of an agricultural enterprise, and the development of strategies land management and systematic monitoring of the land use situation and adjustment of strategies by changing conditions. A list of particular analytical documents and forms is defined for effective collection, systematization, and quality use of information. The need to improve methods of land assessment is substantiated, in particular, due to the changes that occurred in the economic situation and land ownership relations, the growth of requirements for the quality of agricultural products, and the need for a balanced use of soils. The problem of outdated economic assessment of land and the need to update its results in changed conditions are highlighted. The importance of the transition to the land market and the introduction of new valuation standards to consider the market value is also noted. The last part of the article considers a proposal for developing a single methodical approach to assessment, which will consider both economic and ecological aspects of the use of agricultural land, which will contribute to the effective management of these resources. Keywords: analysis, expert analysis, assessment, management tools, agricultural land.

MANAGEMENT OF LAND USE EFFICIENCY IN THE CONTEXT OF MARKET CHANGES

The purpose of the article is to study the peculiarities of the use of agricultural land resources, which are one of the determinants of economic development and environmental security of the state. The relevance and importance of the search for development scenarios of agricultural land market, the definition of the content and implementation of state regulation in the sphere of agricultural land use, the presence of a large set of unresolved issues in this area led to the choice of topic. The purpose of the article is to study the development of the agricultural land market in Ukraine. Methodology. Methods of analysis, comparison and generalization of research results, economic, statistical and graphical methods were used to write the article. The source of data for the scientific research were reports and statistical information of the Ministry of Finance of Ukraine and the State Treasury Service of Ukraine. Results. The study showed that the transformation of land ownership relations in the absence of environmental and economic justification of the redistribution of land and territorial resources has led to significant changes in the composition and structure of agricultural land, as well as the ecological imbalance of the land fund. In turn, this has caused many environmental and economic problems in the domestic system of land use, including: excessive parcellation of land, violation of crop rotations, introduction of monoculture and, as a consequence, deterioration of soil quality, reduction of its fertility, increased erosion and land degradation. It is proved that the development of land and legal system should be based on a multilevel model of state regulation of agricultural land markets, which, in contrast to the existing one, provides for the development of a secondary market, land auctions and mortgages, involvement of unclaimed land into market turnover. Practical implications. Since the practice of managing agricultural enterprises in market conditions shows that the main thing is not the availability of land resources, but the efficient use of their potential, so the need to create a reliable economic mechanism to ensure the efficient use of land resources and the protection of land fertility is a priority. The breadth and versatility of land problems, their connection and dependence on socio-economic, political and environmental factors necessitate further study of this issue.

Principle of equality of subjects of land ownership: problems of legal regulation

The formation of new subjects of land ownership in Ukraine undoubtedly requires the formation of a modern mechanism for legal support of such entities, coordination of their interests both among themselves and with state and self-governing institutions that ensure land protection and protection of land rights property. Therefore, at the present stage of reforming land ownership relations, the content of the principle of equality of subjects of land ownership acquires special significance. The presented work analyzes the relationship between land ownership of the Ukrainian people and other subjects of ownership, the results of which concluded that the principle of equality can not be applied to the Ukrainian people as a subject of land ownership because the ownership of the people applies to all lands within the state border of Ukraine. The article develops the provisions of scientific research that considers the right of ownership of the land of the Ukrainian people as a primary and absolute right that applies to all lands of Ukraine. The peculiarities of exercising the right of ownership within certain forms are also revealed, which differs in a number of key criteria: functional purpose, mechanism of acquisition and realization, order of termination. Therefore, it is concluded that the subjects of land ownership (certain legal forms) have a slightly different scope of rights in the exercise of certain powers, due to the different level of public and private interests. Considerable attention is paid to the equality of subjects of land ownership, which is realized through legal mechanisms of protection of property rights, and is reflected at the level of the Constitution of Ukraine on protection of rights of all subjects of property rights, inadmissibility of illegal deprivation of property Code of Ukraine, on non-interference of the state in the exercise of citizens, legal entities and territorial communities of their rights to own, use and dispose of land. Attention is paid to ensuring the right to protection of land, which applies equally to all subjects of land ownership.

Інституціональні засади побудови механізмів управління земельними ресурсами в системі менеджменту аграрних підприємств

The article considers the institutional foundations of creating land resources management mechanisms in the management system of agrarian enterprises. Modern conditions require the development of new conceptual approaches to the implementation of land resource management processes based on taking into account the conditions of transformation of land ownership relations, the requirements of ensuring sustainable development and modern trends of strengthening the role of management bodies. It was outlined that the current situation requires the active development of the land management system and management of agrarian enterprises, which are the main economically important subjects of land relations. It was emphasized that such a management system of agrarian enterprises should combine the functions of value monitoring of the land market, efficiency analysis land use and a set of measures for the rehabilitation of existing land resources as mechanism elements of sustainable land use. It is proposed that elements of the mechanism for ensuring sustainable land use, as the institutional toolkit of the land resources management mechanism in the management system of agrarian enterprises, should include not only the economic and ecological components, but also the land protection component occupying an intermediate position between them, which includes mechanisms for monitoring and evaluating land resources, as well as financial compensation mechanisms for damage to the environment. As part of measures to implement the principles of sustainable land use, the land resources management mechanism in the management system of agrarian enterprises, four groups of largely interrelated measures to improve the use of land resources can be distinguished: improving the state of land resources of agrarian enterprises (fighting against erosion, organic fertilizers, various type of reclamation, etc.); limiting the influence of non-agricultural industries, sharply reducing the removal of land from agricultural turnover, compensation of losses from non-agricultural users, reduction of pollution of land resources; rationalization of the use of the land fund from the view point of the final results of agricultural production; use of vacant land suitable for agricultural purposes. Keywords: land resources, land relations, management of agrarian enterprises, management of land resources, management mechanism.

ТЕОРЕТИКО-ДЕФІНІТИВНА ЕКСПОЗИЦІЯ КАТЕГОРІАЛЬНОГО АПАРАТУ ДОСЛІДЖЕННЯ ПРОБЛЕМ АГРАРНОГО СЕКТОРУ

The article considers the content and ratio of essentially similar agrarian definitions, which are the basis of scientific research in the agricultural sector of the economy. It is argued that the agricultural sector is part of the national economy, where the production of agricultural products and products of its primary processing. It is concluded that the agricultural sector covers the agricultural relations between its subjects and a certain technological method of production on which they are based. It is proved that in the case of the definitions «agricultural sector», «agricultural economy» and «agricultural sector», we are talking about different approaches to the interpretation of the content of the «agricultural sector». In the first case it is a sectoral approach, in the second – structural and functional, in the third – socio-economic. Definitions of «agrarian industry», «agrarian business» and «agrarian relations» are defined. The author proves that agrarian relations are a multifaceted system of interactions of economic entities in the agricultural sector of the economy on agricultural production, reproduction of socio-demographic and labor potential of society and restoration of ecological balance in agrobiocenoses taking into account the interests of peasants, their self-determination and self-determination. based on the existing system of land ownership relations. The effectiveness of these relations largely depends on the method of combining the direct producer with the means of production and the existing economic conditions. This interpretation of the category "agrarian relations" is proposed on the basis of four basic principles: first, it is based on the structure and functions of modern agrarian relations; secondly, it retains a decisive place in the system of agrarian relations of ownership of land and human capital; thirdly, it focuses on solving specific problems of modern agrarian relations, which take place at the present stage of development of the agrarian sphere of production in the world; fourthly, it takes into account the fact that the progressive development of the agricultural sector depends, first of all, on the development of the main productive force – the agricultural producer, its intellectualization and socialization.

The concepts and the essence of non-conventional agricultural land use, its environmental friendliness and capitalization

In this article the concepts and essential features of non-conventional agricultural land use have been defined. The main economic and land management actions were designated to ensure the greening and capitalization of non-conventional agricultural land use. In modern economic science, the terms "organic farming" and "non-conventional farming" are often used at the same time and often equated. However, in our opinion, there are a number of differences between them, so it is necessary to harmonize the interpretation of relevant concepts and categories. Non-conventional land use should be understood as the process of organizing economically efficient, environmentally friendly and socially-oriented use of agricultural land as means of basic production in close interaction with the environment, and with land ownership relations (where human and its intellect are the key to the formation of land capital). Key aspects of the essence of non-conventional land use are its greening and capitalization. This can be provided by the following means: studying of the land and soil suitability for growing, for example, niche crops, within the land use; working out different options for the non-conventional land use development; land management options development and implementation of land improvements; developing a forecast for the economic efficiency of land use; deciding on the feasibility of organizing non-conventional land use; development of an economic management plan for the organization of non-conventional land use. Keywords. non-conventional agricultural land use, niche crops, non-conventional farming, land use greening, land use capitalization.

Dialectics of interaction of the development of institutional social forms of economic systems and property relationships functioning in the agricultural sector

The purpose of the article is to reveal the dialectics of the interconnection of the development of institutional social forms of the functioning of economic systems and property relations in the agrarian sector, studying the world experience of market circulation of land. In clarifying these questions dialectical, dynamic, systematic, unity of logical and historical approaches, methods of generalization, analysis and synthesis, etc. Institutional social forms of functioning of economic systems are the real forms of organization of economic activity, norms and rules of conduct of economic entities that have developed in a given society at a certain stage of its development. According to the civilization approach, three institutional social forms of functioning of economic systems can be distinguished: pre-industrial, industrial and post-industrial economical systems, which differ in their institutional frameworks for their functioning. Each of them has its own definite system of property relations, which is constantly evolving and complicated, gaining new forms of development. In general, ownership of land during the history of mankind was in its evolution, three stages (levels) of development: community - private - public property. That is, as we see, the development of property relations has an interesting tendency - in the early stages of its development, humanity used common, collective forms of ownership, later, with the development of productive forces, communal property self-denied and displaced by private property, self-development which takes place in the direction of its socialization (socialization of the nature of labor and production) and the emergence of collective forms of private property. The dialectic of the relationship between the development of institutional social forms of the functioning of economic systems and property relations in the agricultural sector is that the development of land ownership relations leads to changes and transformations in the system of economic relations, their transition to a higher stage of socio-economic development and the emergence of new social forms of functioning of economic systems. In its turn, the emergence of new institutional social forms of functioning of economic systems causes changes in the structure of ownership relations with the land, leads to the emergence and dominant position in the agrarian sector of new types and forms of ownership, reflecting the socio-economic nature of a particular economic system. On the basis of the analysis of the evolution of land ownership relations in different economic systems, one can conclude that their development is characterized by certain patterns: the development and complication of property patterns are constantly underway; Each form of ownership by its nature is historical; the emergence of a more developed form of ownership of land does not lead to the complete disappearance of the previous form of ownership; as the evolution of land ownership relations in the direction of socialization takes place, the convergence of interests of opposing classes, social groups; the development of the essential basis of property takes place in an evolutionary way, and the change in the legal form of ownership - institutional instruments; Each typical civilization is characterized by a specific for the conditions of its development, the dominant object of property, which reflects the level of development of the productive strength of human labor and the corresponding formative peculiarities of the appropriation of means and production results; the formation of private ownership of land in a post-industrial society takes place mainly through its purchase; the state regulates private ownership of land and does not allow the concentration of too large areas of land in one hand; State policy in the field of land relations is aimed at consolidating land and consolidating farms.

Sources and Methods Used in the Reconstruction of Settlement Networks: An archaeological and geographical perspective on the example of Silesia

The article presents several insights on the sources and methods used in the research of medieval settlement processes using the example of Silesia region. The number and variety of sources (archaeological, written, cartographic) used in the analysis of settlement processes makes it a subject of interest for researchers representing various fields, such as archaeology, history, and historical geography, which have already got their own established research methods. Growing interest in the topic of Late Medieval settlement has prompted an influx of studies on the topic; these are most often interdisciplinary in nature, resulting in articles and monographs published within the last few years, while integrated cooperative studies employing representatives of several different fields are more rare. The works on a dictionary of medieval villages in Silesia, which employed archaeologists, historians, a geographer, and a historical cartographer. The sources described in the article provide specific (though also limited) information on past settlement processes. Archaeological materials, mostly acquired by means of field survey, though by nature chronologically imprecise, provide data on everyday life of urban and rural residents, their production and the economy (eg.: extraction and processing of raw materials); written sources are important in identifying key information, such as the identification of settlement initiators or the analysis of land ownership relations; likewise, concurrent pieces of mass documentation which enable statistical analysis and comparative analysis, such as land books, inventories of goods, and ledgers, are of fundamental importance to research. Maps of appropriate scale (usually dating to the 18 th or 19 th century) remain the basic source of information in the geographic analysis of settlement processes. The modern character of the maps means that retrogressive methods are most useful in the reconstruction of the late medieval settlement networks. They help recreate elements of historical natural landscape, as well as traces of settlements and economic activity. Retrogressive methods, successfully employed in historical geography, is based on the assumption that it is possible to make conclusions about an earlier reality based on sources from a later period.

Development of the Land Market in the Republic of Kazakhstan

The paper provides the analysis of improving the land reform in the Republic of Kazakhstan. The authors examine the main development stages of land ownership relations, during which the work has been performed to transform agricultural enterprises, privatize land and change the land use. The main legal acts, intended to regulate the issues of land ownership and territorial organization and creating conditions for the development of the land market, are shown. The analysis of the results of the land reform shows that its main result has been the formation of land relations, which are oriented to market conditions. The most important element of the new land system in the republic is the payment for the land use, the formation and functioning of the land turnover. The purpose of the study is to assess the progress of the land reform, as well as to improve the methods for assessing agricultural land.

PATTERNS OF DEVELOPMENT OF RELATIONS OF LAND OWNERSHIP IN THE AGRARIAN SECTOR OF THE ECONOMY

Every economic system is based on a certain system of relations of property that answers the certain level of development of productive forces. When this system of relations of property stops to provide progress of economic development, there is a necessity to substitute it by a new one. Exactly the objective necessity of development of productive forces predetermines the necessity of origin of new, higher pattern of ownership. For every system of relations of property, its own system of contradictions that provides its development is typical. Solving these contradictions conduces to the appearance of new adequate forms of further development of the system of property relations. In relation to the agrarian sector of the economy, any contradiction of agrarian relations is a form of expression of contradictions that are based on contradictions of land property relations. This implies that contradiction of relations of land ownership is the basic one in the system of agrarian relations and without its decision, it is impossible to solve all other contradictions of the agrarian sector and to form effective agrarian relations. For this reason, in order to work out an effective agrarian policy on the solution of existing in the agrarian sector contradictions, it is important to find out contradictions and law of development of land property relations in it. The topic of research is contradictions and laws of development of re land property relations in the agrarian sector of the economy. For clarifying these issues, there are applied dialectical, dynamic, systematic, and unity of logical and historical approaches, methods of generalization, analysis and synthesis, etc. The purpose of the article – expose dialectics of contradictions of development of institutional public forms of the functioning of economic systems and property relations in the agrarian sector, to define laws of development of land property relations. The driving forces of the development of any economic system are contradictions between the form of land ownership and the form of land tenure, between the form of land tenure and the form of direct farming, between the owner of the land and the immediate worker on it. The dialectic of the development of institutional social forms of the functioning of economic systems and property relations in the agrarian sector is that the development of land ownership relations leads to changes and transformations in the system of production relations, their transition to a higher stage of socio-economic development, and the emergence of new social forms of functioning of economic systems. In turn, the emergence of new social forms of the functioning of economic systems causes changes in the structure of property ownership on the land, leading to the emergence and dominant position in the agricultural sector of new types and forms of ownership, reflecting the socio-economic nature of the current social system. On the basis of the analysis of the evolution of land ownership relations in various economic systems, one can conclude that their development is characterized by certain patterns: the development and complication of property patterns are constantly underway; each form of ownership by its nature is historical; the emergence of a more developed form of ownership of land does not lead to a complete disappearance of the previous form of ownership; the more specific forms of ownership within a certain mode of production, the stronger are the driving forces and sources of economic system development; as the evolution of property relations weakens the antagonistic nature of social contradictions, there is a convergence of interests of opposing classes, social groups; each functional form of ownership reflects a certain level of development of the productive power of human labour; the means of realization of any type, type or form of ownership is the degree of human freedom; the development of the essential basis of property relations takes place in an evolutionary way, and the change in the legal form of ownership – institutional instruments; institutional forms of property combine both old forms and new; each typical civilization is characterized by a predominant property object that is specific for its conditions of development, which reflects the achieved level of development of the productive labour force of man and the corresponding formative peculiarities of the appropriation of means and production results, etc.

Namjesništvo i infrastrukturni razvoj u provinciji Gornji Ilirik/Dalmaciji u vreme Publija Kornelija Dolabele

The paper presents the data on the governorship of Publius Cornelius Dolabella (14 to 20 A. D.) in the province Gornji Ilirik/Dalmatia. The significant number of epigraphic monuments indicates his activity in this area. These testimonies have important historical value, because they explain political and economic aspects of the West Balkans in the period of the early Principate. At the beginning of his governing career, he started to alleviate the consequences of the conflicts between the Romans and the locals. In his actions and projects in the province of Dalmatia, he had in mind the Roman strategic interests and the interests of the inhabitants as well. Peace and development of the province were his main aims. His governorship symbolizes the beginning of the new age in the area of Dalmatia. Numerous epigraphic monuments show the developed system of administration for the regulation of territorial and land-ownership relations (inscriptions and forma Dolabelliana). The great infrastructure was built during his governorship, and in this manner, the neglected area of Illyria was approachable and urban again. This undoubtedly influenced domestic people and their living in comparison to the previous period. It could be said that the Dolabella united Roman and local interests, thus bridging the gap between these interests. The big projects were completed during Dolabella's governorship; therefore the domestic people began to adopt values and achievements of the developed civilizations. It is sure that Publius Cornelius Dolabella contributed to the consolidation of the organization and structure of the Roman province Gornji Ilirik/Dalmatia. In the historical context, this province approved its functionality; it was a long-lasting administrative formation.

新宿区西富久町における土地の権利関係に関する実態 : 都心部乱開発跡地における住民の合意形成手法に関する研究 その1

新宿区西富久町における土地の権利関係に関する実態 : 都心部乱開発跡地における住民の合意形成手法に関する研究 その1

La géographie du prix des terres en France (1955-1985) : rôle des rapports fonciers et des systèmes de production

The analysis of changes in the price of land over the last 30 years, at the departmental level, must be principally linked to the transformation of landownership relations and to the evolution of systems of production. The decline of the large landholding in the West, the resurgence of peasant landholdings and of mixed farming-livestock raising in the South-West, the development of grain producing areas in the periphery of Bassin Parisien, the crises of livestock raising in the West and Middle West, are among the factors which enable us to understand the contrasted changes in the prices of land during the period 1955-1985.