Legal Competence Research Articles

REGARDING THE ACTIVITY OF A NATIONAL PARK DIRECTOR IN ENSURING THE SAFETY OF TOURISTS VISITING NATIONAL PARK AREAS

Purpose. The aim of the article is to analyse a national park director's legal position, roles, tasks and legal forms of operations in ensuring the safety of tourists visiting a national park. The objective of this analysis is also to determine whether the legal position, competencies and legal forms of activity at the disposal of the national park director are sufficient to ensure the safety of tourists visiting the national park. Method. The theoretical nature of this article determines the choice of research methods and their application. A dogmatic method (analytical and dogmatic) involving legal exegesis using linguistic and non-linguistic rules of legal interpretation is the predominant method applied in the article. Findings. The national park director’s legal status (including his/her position in the system of administering entities) is not clearly defined by the legislator and therefore, raises doubts. The legislature has not explicitly included this entity into the local authorities of consolidated and non-consolidated government administration. The legislator defines a national park director as a national park authority and a nature protection authority, directly indicating that this authority performs the tasks of a regional director aimed at nature protection within the national park area. The director of a national park may be classified as an administering entity, or on account of his/her tasks and powers, a public administration authority in a functional sense. However, it is misleading to treat national park directors as public administration authorities sensu stricto, i.e. the authorities who are part of the state machinery (authorities acting directly on behalf of the state or local self-governments), whose basic and, in principle, sole purpose is to perform public administration tasks (e.g. minister, province administrator, commune head). However, some authors consider national park directors to be public administration bodies sensu stricto [Makuch 2020, p. 527]. It has been confirmed in research that there is great diversity concerning tasks, powers and legal forms of operations at the disposal of a national park director, which can be used to ensure the safety of tourists visiting national parks. These are legal and factual activities of regulatory and non-regulatory nature. The tasks and competencies of national park directors include, first of all, protecting national park resources (environmental protection), which is the essence of their existence, and also providing access to national parks so as to ensure the safety of people who visit them. Research and conclusions limitations. The author focuses on analysis of the national legal framework. The origin of institutions and comparative legal analyses have been omitted. Practical implications. In the research, the current legal status is shown, and this can be considered the basis for further legislative work. Originality. To date, research on the national park directors' tasks, roles and legal forms of operation in ensuring the safety of tourists visiting national parks has been very scarce. Most of such issues are raised while discussing wider problems related to nature protection as well as tourism, and are not subject to in-depth examination [Wolski 2010, pp. 75-83]. In this context, it is worth noting that not only the national park directors' tasks and legal forms of activity require detailed analysis and evaluation, but their status in the state system and position in the system of administering entities as well. The current findings in this field are not sufficiently comprehensive and require further clarification. Type of paper. The article presents some theoretical concepts. It is a general overview article.

INTEGRATED APPROACH AS A MEANS OF FORMATION OF LEGAL COMPETENCE OF FUTURE MANAGEMENT MANAGERS OF EDUCATIONAL ESTABLISHMENTS IN THE CONDITIONS OF A MAGISTRACY

The article, based on a theoretical study, scientifically substantiates the need for the formation of legal competence of future management managers of educational establishments in the conditions of a magistracy. The semantic essence and significance of the integrated approach as a powerful means of forming the studied formation are revealed.
 The authors argue that the organization of classes on the basis of an integrative approach is pedagogically appropriate, because they accelerate the process of adaptation of students, future managers of educational institutions to practical situations, develop skills in using theoretical knowledge of various disciplines in conjunction with acquired practical legal skills. , contribute to the structuring of the integrity of knowledge on the research problem. Therefore, they really reflect the integration processes in the formation of legal competence of future managers in the management of educational institutions in the master's degree.
 Further research of the problem is seen in clarifying the purpose, content and means of formation of legal competence in future managers of the management of educational institutions in the master's degree through the integration of only professional disciplines.

The "competence" concept in the educational system of European countries within a competence-oriented approach

The object of research is the concept of "competence" in the educational system of different countries.
 Investigated problem. Theoretical generalization of the concept of "competence" and the peculiarities of its formation in the process of professional training of applicants for higher education in European countries. Creation of a model of professional training for applicants for education of the first (bachelor's) level.
 Main scientific results. The definition of the concepts "competence" and "legal competence", which are most often used in pedagogical research, has been analyzed. The definition of "competence" within the competence-oriented approach is given. The competence-based approach in education is understood as training not just a specialist with a system of knowledge, but a high-level professional and a comprehensively developed personality. A model for the formation of legal competence of applicants for higher education has been created. Through the introduction of innovative methods into educational processes, the legal thinking of bachelors is developing. Legal competence presupposes a set of knowledge, skills, characteristics acquired by students in the learning process, necessary to perform certain actions in order to solve problems, tasks, situations in accordance with the prescriptions of the rule of law. The formation of a system of knowledge, abilities, skills, methods of activity in students in the learning process are significant. This requires both their psychological "restructuring" and the improvement of curricula and educational technologies. The traditional teaching of lectures and the conduct of seminars should be complemented by elective courses and special courses.
 The area of practical implementation of the research results. Formation of competencies in the process of professional training of applicants for higher education of the first (bachelor's) level in order to achieve programmatic learning outcomes, apply the acquired knowledge in future professional activities and everyday life.
 Innovative technological product. Creation of a training model for applicants for higher education based on a competence-oriented approach.
 Application area of an innovative technological product. Introduction of the educational model into the process of professional training of applicants for higher education of the first (bachelor's) level in order to promote the creation and strengthening of legal culture and creativity of students.

Теоретичні основи формування правової компетентності майбутніх інженерів-педагогів у процесі професійної підготовки

The study and analysis of the pedagogical achievements of higher education theorists and practitioners in the formation and development of legal consciousness and culture of future engineers-teachers has made it possible to identify problems and understand that the training of future engineers in a higher technical education institution necessitates a new understanding of the professionalism of an engineer, which is associated with qualitative changes in technical activity.
 The article focuses on the concept of "professional competence of a future engineer-teacher", which is understood as an integrated personal formation that includes professional knowledge in the field of production, practical skills in solving production problems, personal qualities that allow performing professional teaching activities at a high level.
 The author establishes that depending on the level of compliance with the requirements of legislation, legal knowledge is classified as follows: legal knowledge which is unsystematic in nature; formal legal knowledge; analytical legal knowledge; active legal knowledge. And the concept of "legal competence" is defined as the level of legal awareness of a student and his/her legal activity; a set of knowledge, ideas, and value concepts which determine the choice of human behaviour justified by law; and the ability to effectively carry out professional activities in the context of financial and economic independence.
 Particular attention is paid to the study of the process of formation and development of legal competence. It is proved that in the process of obtaining the speciality of an engineer-pedagogue, students develop basic legal competences on the basis of existing key legal competences. The development of legal competence involves mastering by the student not separate elements of legal knowledge, skills and abilities of professional and personal qualities, but mastering a comprehensive procedure for obtaining legal knowledge, which should be of a personal and active nature.

Formation of Specialists’ Legal Competence in the System of Life Long Education

The article scientifically argues and develops conceptual and methodological principles of formation of legal competence of specialists in the system of life long education. It is confirmed that their training acquires efficiency when implemented according to specific theoretical and methodological research principles. The essence and content of the formation of legal competence of future specialists (on the example of accounting and taxation specialists), components (cognitive, motivational, activity, reflective and information-logical), criteria, indicators and levels of its formation are revealed. The pedagogical conditions of formation of legal competence of future specialists in accounting and taxation in the system of lifelong education are substantiated; theoretically developed and experimentally tested a comprehensive structural and functional model of the formation of their legal competence. It is proved that the application of the author's concept of formation of legal competence of specialists in the system of life long education, first of all, updating of content, the realization of defined and substantiated pedagogical conditions and developed structural-functional model, promotes the effective formation of all components of legal competence of future specialists. Checking the level of formation of the components of legal competence of future specialists in accounting and taxation in the system of lifelong education was carried out taking into account the defined structure of legal competence using the criteria defined in the study of its formation.

ORGANIZATIONAL FORMS (STRUCTURES) OF BLENDED LEARNING AS POWERFUL MEANS OF INFLUENCE ON THE FORMATION OF LEGAL COMPETENCE OF THE FUTURE EDUCATIONAL INSTITUTION MANAGEMENT MANAGERS IN THE CONDITIONS OF THE MAGISTRACY

On the basis of the analysis of theoretical sources on this problem, this article clarifies: 1) ideas of leading scientists on the content of the basic concepts of research (legal competence, blended learning, etc.) and components of blended learning; 2) the ways of formation of legal competence of the future educational institution management managers in the conditions of the magistracy are defined.
 The specifics of organizational forms (structures) of blended learning as a powerful means of influence on the formation of legal competence of the future educational institution management managers in the conditions of the magistracy are discussed.
 It is the organizational forms (structures) of blended learning that should be the basis for creating a blended learning environment in the formation of legal competence of future managers in the management of educational institutions in the master's program.

A Green Revolution? A Tentative Assessment of the European Green Deal

In this article the main aspects of the European Green Deal proposed by the European Commission in December 2019 are analyzed, putting the Green Deal into the broader context of European Union (EU) climate governance in order to assess whether and how it advances the EU’s climate agenda. Four broad and interrelated categories to evaluate the Green Deal are proposed. Its performance depends on whether it is and will remain a policy priority, despite the COVID-19 emergency and the ensuing economic crisis. Second, successful implementation depends on adequate financial endowment, including the shift of public funding from hydrocarbons to renewables and energy efficiency in post-pandemic economic programmes. The legal competence of EU institutions to coordinate and enforce the implementation of the Green Deal is also essential, as highlighted by ongoing discussions concerning governance to achieve zero net emissions by 2050. Furthermore, international cooperation with third partners on issues such as border carbon adjustment, technology transfers, and green industry will influence both the implementation of the Green Deal in the EU and the contribution of other major emitters to the climate agenda. The impact of the European Green Deal on EU-Russia relations is also investigated. In this respect, it is argued that the Green Deal poses a serious challenge to the traditional pattern of EU-Russia energy trade, which has been dominated by fossil fuels. However, the Green Deal also offers new avenues for cooperation and for a more sustainable EU-Russia energy relationship.

ПРАВОВЕ ВИХОВАННЯ ОСОБИСТОСТІ В УМОВАХ СТАНОВЛЕННЯ ТА РОЗВИТКУ УКРАЇНИ ЯК ПРАВОВОЇ ДЕРЖАВИ

  The issue of legal education is of great importance in modern conditions of creation of the rule of law and democratic society. The article analyzes the views of foreign and domestic scientists on this issue. It is emphasized that there is a need to create an educational space as one of the conditions for the education of primary school children of legal competence at a new level of higher quality. Of particular importance in this matter is the task of preparing children for such an educational process in which the acquisition of knowledge, skills and abilities in legal education would become a means of developing cognitive activity of schoolchildren. The development of the humanistic system at school is an important factor in the moral and legal education of schoolchildren, and the creation of an educational space based on a hermeneutic approach is extremely important. It is believed that the education of legal competencies, legal norms, legal ideas, etc. call more attention to the education of a set of generally accepted norms, principles and rules governing human behavior, and form the basis of moral education. It is proved that legal education can give positive results only if its organization takes into account not only the age characteristics of primary school children, but also carries it out differently, i.e. taking into account the real state of legal awareness and behavior of children, and ideas about legal relations and generalization   of experience of social and legal interaction.

Dynamic Logic of Legal Competences

We propose a new formalization of legal competences, and in particular for the Hohfeldian categories of power and immunity, through a deontic reinterpretation of dynamic epistemic logic. We argue that this logic explicitly captures the norm-changing character of legal competences while providing a sophisticated reduction of the latter to static normative positions. The logic is completely axiomatizable, and we apply it to a concrete case in German contract law to illustrate that it can capture the distinction between legal ability and legal permissibility.

STAGES OF OFFICERS’ LEGAL EDUCATION DEVELOPMENT IN HIGHER MILITARY EDUCATIONAL INSTITUTIONS OF UKRAINE (MID-XX – THE BEGINNING OF XXI CENTURY)

The article analyzes the views of leading scholars on the periodization of the development of pedagogical phenomena. The author has revealed that its correct implementation depends on the adequate use of relevant terms and concepts. To solve a problem, it must be coherent and scientifically verified. Researchers use cultural-anthropological, civilizational, institutional, and criterion-complex approaches as a methodological basis for identifying certain stages of certain educational phenomena formation. The study of the strengths and weaknesses of the educational theory and practice of the past makes it possible to determine the way of reforming the vocational training of officers for the Armed Forces of Ukraine.
 Legal education is an essential component of the training of personnel whose tasks include the protection of the sovereignty of the state. The latter is a purposeful, orderly, and standardized process, as well as the result of mastering systematic knowledge of those who learn, the formation of skills and abilities of adequate legally significant behavior, and instilling a high legal culture and legal awareness.
 The formation of scientific ideas about the subject of research requires substantiation of the main stages of development of legal education of officers in higher military educational institutions of Ukraine (mid XX – early XXI century) and their essential characteristics.
 Taking into account the influence of ideological, political, legal, and geopolitical factors, based on the dates of adoption of regulations determining the activities of universities and their legal education in the study period, as well as content and operational (forms, methods) components of the pedagogical process, three main stages its development. The first stage (1943–1975) included the formation of Soviet legal education in the higher military school of Ukraine. The second stage (1975–1991) took in the establishment of Soviet legal education in the domestic higher military school. The third stage (1991-2015) was marked by the development of legal education in the higher military school of Ukraine, in terms of its reform and integration into the national education system.
 It is determined that the first stage is characterized by the lack of specific disciplines for cadets to acquire legal competencies; its implementation within political classes and advocacy activities; focuses on clarifying the rules for violation of which there is legal liability, as well as crime prevention and maintenance of discipline; the predominance of verbal and visual methods in teaching. The second stage shows the active development of pedagogical theory and practice of legal education in the Soviet higher military school. It also stands out with strengthening the legal training of future officers, which was carried out within a specific subject in traditional forms - training sessions (lectures, practical), independent work; expanding the use of practical teaching methods; streamlining and updating the content of legal education. The third stage departs with the simultaneous formation of the legal basis for reforming the key structures of the Armed Forces of Ukraine, as well as the integration of Ukrainian universities into the national education system. There also was updating the content of legal education in accordance with the development of national legislation and international relations, using information technology, and the growing importance of research methods and independent work.

Preparing for smart product-service system (PSS) implementation: an investigation into the Daimler group

This paper aims at investigating the main factors behind advancing the integration of products and services in the Brazilian subsidiary of Mercedes-Benz (MBB), and how Smart PSS has been perceived by other business units of the Daimler Group. We conducted an in-depth qualitative single-case study research to investigate the critical steps preceding the implementation of a smart PSS. The study was based on the main tactical areas of a PSS business model which was applied to MBB’s possible integration of their equipment (called Fleetboard) in a smart PSS solution. The findings demonstrate that the internal culture of a product-centric automotive manufacturing firm can prohibit the sales of services, even when service technologies are available. On the other hand, financial pressures can create the sense of urgency required for the firm to appreciate the necessity of change. The process of change is too complex, since it requires capabilities in key areas such as the law, marketing, networking/partnerships, design, sustainability, and organisation and human resources management. Our study shows how the company considers alternative options in order to reduce organisational barriers, develop partnerships and legal competence to offer PSS contracts, as well as seeking alignment between design, marketing and sustainability requirements.

Proposal for a Directive on adequate minimum wages in the European Union: a look at French law

On October 28, 2020, the European Commission published a Proposal for Directive 2020/0310 on adequate minimum wages in the European Union. The project was expected and the result is both ambitious and modest. Ambitious because the Commission calls for the determination of criteria to define an “adequate minimum wage” or “decency threshold”: reality of purchasing power, general level of wages and their distribution, average wage increases, labour productivity. To achieve this result, the project intends to promote the action of the social partners ant the lever or collective bargaining. But the project is also modest because the difficulty lies in avoiding the opposition of Member States that would result from their legal competence in determining wages and representing workers in collective bargaining. The drafting of the proposal is both cautious and often not very restrictive. The impact on French law will undoubtedly be relative, as the French tradition of collective bargaining on the minimum wage seems both well anchored in the national landscape and more demanding than the elements delivered by the proposal. France, however, was arguably not the core target of the minimum wage proposal.

Notes on the proposal for a directive on adequate minimum wages: a German perspective

The proposal for a minimum wage directive has met with partly harsh criticism in many countries. Lack of EU legal competence is one of the main points contested. The present German Ministry of Labour and Social Security is in favour of the proposal seeing it as a means to strengthen welfare and peace in Europe and to improve overall wage levels. The same is true of the majority of German trade unions, whereas employers’ associations are strictly against this piece of legislation. In legal literature strong opposition can be found as well as voices who support the proposal but recommend amendments with a view to the legal base problem.

Does Alice Live Here Anymore? Autonomy and Identity in Persons Living and Dying With Dementia.

Conventional scientific definitions of dementia, or its newer proposed alternate—neurocognitive disorders place emphasis upon cognitive function, particularly memory. The changes in thought, emotion, behavior, personality, and biological function are usually considered only of secondary importance. At the core of the illness, however, lies a progressive loss of self, and by extension, of personhood, identity, autonomy, and agency. The identity of the person living with dementia, and the deterioration of a sense of self assumes significance in planning end of life care, including palliative care. A consideration of self and identity is also significant where physician assisted death, incorporating euthanasia, has legal sanctity. As dementia progresses, there is usually a progressive loss of personal decision making capacity and legal competence. Shared decision making, advance care directives and proxy representatives are options available to safeguard autonomy and agency in such cases. Advance care directives are often treated as static documents. The loss of self and deterioration of identity in persons with dementia means, that there is a psychological discontinuity across time and space, though biological continuity is retained. The discontinuity in self and identity however, imply that the person with dementia changes considerably and so too may values and beliefs. A document which best reflected the wishes of the person with dementia in the past, may not always do so now. Advance directives and proxy representatives may need to be dynamic and evolve over time, particularly where end of life care and physician assisted death is being invoked.

Peer tutoring in clinical legal education as a learning community building method

ABSTRACT The legal clinic at the SWPS University started operating in 2011. Since 2017, a new model of its functioning has been created based on a peer- tutoring method. Among other things, it is based on a system of roles in which senior students coordinate customer service and are responsible for cases conducted by those starting cooperation with the clinic and also assess the quality of their work. The article presents the results of qualitative research conducted with the participation of all categories of students operating in the clinic, namely: junior and senior students and volunteers who are already graduates. The research was carried out using focus group interviews based on a semi-structured questionnaire. The interviews lasted about 100 minutes each. The most important threads raised during the discussion include the clinic’s role in building legal and social competencies, motivations and expectations of individual categories of students working for the clinic and – above all – the experience of students related to participation in peer-tutoring. The discussion of results is focused on good practices facilitating the knowledge transfer process within the legal clinic student community. The article also presents recommendations regarding the effective implementation of the proposed didactic model and further development directions.

Active but not independent: the legal personhood of children

ABSTRACT This article seeks to contribute to a theoretical framework for understanding the status of children as legal persons in Western legal systems. Analytic legal philosophers have done much work in analysing concepts relevant for understanding the legal status of children. However, they have usually not approached childhood as a topic that warrants investigation in its own right, distinct from both infancy and adulthood. The article presents two main arguments. It will, first, argue against the occasional claim – made especially by some scholars working in the civil-law tradition – that even infants have the legal capacity to bear duties under private law. The article challenges this conception: such duties are borne by the infants’ representatives, and infants should therefore be seen as purely passive legal persons. The article then turns to legal competences held by children. Insufficient attention has been paid to the idiosyncratic features of children’s competences. A new framework is offered, which distinguishes three categories of competences: independent competences, negative competences, and dependent competences. Independent competences enable their holder to effect a legal change that, ordinarily, cannot be prevented by others. The latter two types of competences are particularly relevant in the case of children.

Становлення правового регулювання у сфері закріплення статусу територіальних громад як суб’єктів комунальної власності на землю

The article examines the formation of communal land ownership law, formation of legal regulation in the field of consolidating the status of territorial communities as subjects of communal property, the impact of decentralization of powers processes on resolving the issue of the legal regime of territorial communities’ lands and united territorial communities’ lands, determination of scientific approaches to the formation of the model of communal land ownership law in Ukraine. It is updated the legislator’s inconsistency in determining the principles of building the institution of communal land ownership law, lack of a well-founded concept of communal property law, legislative contradictions of approaches to the creation of sustainable local self-government in Ukraine, based on the priority of land interests of territorial communities. Scientific attention is paid to preconditions for determining the constitutional status of territorial communities, legislative consolidation of the grounds for the formation of communal land ownership in the state, solving the problem of the definition of «communal land ownership law» absence in current legislation. Focused attention on legitimization of the powers to exercise the communal property law through the solution of the issue of land and legal competence of territorial communities, improvement of their status as subjects, who exercise the right of communal ownership of land directly or through local governments, the exercise of the right of communal ownership of land in the ways specified in the land law. According to the study it is established that the Constitution of Ukraine has provided the necessary prerequisites for the formation of a fundamentally new land system in the field of communal property on the land of communities. An important scientific task in modern conditions is improving the legal regulation of land and legal competence of territorial communities as subjects of communal land ownership for the sustainable development of territories. It is determined that the acceleration of administrative and land reforms will contribute to the full legitimization of the united territorial communities and the formation of territorial communities as equal subjects of land ownership. Keywords: territorial communities, decentralization, local government reform, communal land ownership

THE IMPORTANCE OF INTRODUCING MEDICAL LEGISLATION IN THE UNIVERSITY TRAINING PROGRAM FOR STUDENTS

The place of medical legislation in the university curriculum remains somehow uncertain and should be identified more clearly. A more robust knowledge base on the law is needed to enable medical students to develop sufficient legal competence to manage the challenges of future practice. Further research is needed to identify the most effective methods of teaching, learning and assessing legal knowledge and skills, during and after the completion of initial medical education. An in-depth analysis of resources shows that there is no robust evidence base that evaluates the impact in different curricular structures of the efficient methods in developing the knowledge, skills, attitudes, and behaviors needed in medical practice of student. Moreover, only a limited number of studies refer to the results and effectiveness of teaching and learning the elements of medical legislation.

CRITERIAL APPROACH TO THE LEGAL COMPETENCE OF FUTURE JUNIOR BACHELORS IN THE FIELD OF HUMAN SCIENCES OF HIGHER EDUCATION INSTITUTIONS (HEIs)

The article clarifies the essence of the implementation of the criterial approach to explaining the process of formation of legal competence of future junior bachelors in the field of human sciences of HEIs from two perspectives: structural and methodological.It has been summarized that in the conditions of development of education and informational society, the legal competence of future junior bachelors in the field of human sciences of HEIs cannot be effectively formed without any prior determination of its structure. Legal competence is understood as “an integral quality of a student’s personality, characterized by several features”. These features are the unity of their legal efficiency at the theoretical level and mastering the set of key legal competences; practical readiness and ability to implement professional activities in the modern legal and regulatory field; ability to handle with professional relationships, establish and defend professional rights; self-development and self-improvement of their legal culture and development of legal culture of the society. From the structural perspective, the implementation of the criterial approach to explaining the process of formation of legal competence of future junior bachelors in the field of human sciences of HEIs is reflected in concrete definition of the components of the studied phenomenon. It has been established the key structural elements of the legal competence of future junior bachelors in the field of human sciences of HEIs, which are the following: content components (axiological (value and semantic), epistemological (content and legal), praxeological (functional and activity), reflexive and estimative) as a set of life values, values of professional activity, knowledge and skills to organize this activity in the legal field, reflexive abilities as well as a set of legal competences as generalized ways of action that ensure the productive performance of professional activities.It is determined that the criterial approach to explaining the process of formation of legal competence of future junior bachelors in the field of Human Sciences is the most constructive, because it promotes the connection between education and work more effectively.
 Keywords: students, competence, specialist, criterion approach, institution of higher education, legal competence, junior bachelors, Human Sciences.

Establishment of legal regulation in the field of securing the status of territorial communities as subjects of communal land ownership

The article examines the formation of the right of communal ownership of land, the establishment of legal regulation in the field of consolidation of the status of territorial communities as subjects of communal ownership, the impact of decentralization processes on the legal regime of land of territorial communities and united territorial communities, and the definition of scientific approaches to the formation of a model of communal ownership of land in Ukraine. The author highlights the inconsistency of legislators in defining the principles of building the institution of communal land ownership, the lack of a well-grounded concept of communal property rights, and the legislative contradictions in approaches to creating sustainable local self-government in Ukraine based on the priority of land interests of territorial communities. The author pays special attention to the prerequisites for determining the constitutional status of territorial communities, legislative consolidation of the grounds for the formation of communal land ownership in the State and solving the problem of the absence of a definition of “right of communal land ownership” in the current legislation. The author focuses on the legitimization of the powers to exercise the right of communal ownership by addressing the issue of land and legal competence of territorial communities, improving their status as entities exercising the right of communal ownership of land directly or through local self-government bodies, and exercising the right of communal ownership of land in the manner prescribed by land law. The study found that the Constitution of Ukraine has provided the necessary prerequisites for the establishment of a fundamentally new land system in the area of communal ownership of community land. An important scientific task in modern conditions is to improve the legal regulation of the land and legal competence of territorial communities as subjects of communal land ownership for sustainable development of territories. It is determined that acceleration of administrative and land reforms will contribute to the full legitimization of amalgamated territorial communities and the establishment of territorial communities as equal subjects of land ownership.