Land Plots Research Articles

Волезамещающее решение суда по делам о предоставлении земельного участка, находящегося в государственной или муниципальной собственности

The article analyzes the procedure for obtaining possession of land plots in public ownership, on which a building or structure is located. The article presents the existing restrictions of contractual freedom when registering the specified land plot for use. Using the example of specific judicial acts, the author shows how judicial practice actually changes the provisions of land legislation, in connection with which it is concluded that it is necessary to make appropriate changes to it, in particular, regarding the consolidation of the obligation, and not the right of the rightholder of a building, structure or premises in them to issue a lease right to a land plot, the owner of which is public law education. It is necessary to summarize that the will-substituting decision is aimed at satisfying the legitimate interests of public legal entities and must comply with the imperative prescriptions of the law.

Правовые последствия выявления объекта археологического наследия для собственника земельного участка

Owners and users of land plots, when carrying out any type of work, may be faced with the identification of objects on their territory that have signs of an archaeological heritage property. Identification of such objects imposes serious restrictions on the owner or user and can lead to the complete impossibility of using the land plot for construction or other purposes related to excavation work. The author proposes to change the approach to civil circulation of archaeological heritage properties in order to clarify and protect the rights and obligations of this land owners.

Принцип акцессии в сфере использования подземного пространства: опыт Германии

The article discusses the German model of the use of underground space. It was established that it is based on the principle of accession, according to which, as a general rule, the right of the owner of a land plot applies to underground space. At the same time, there are two types of restrictions from the general rule: civil law and public law. The author expresses the hope that some solutions of German civil law may be in demand when reforming domestic legislation on subsoil use.

Местные детали к истории палеонтологических раскопок под городом Котласом

Based on archival data, the paper provides local topographic and historical details of paleontological excavations near Kotlas in 1899-1929. The 1905 color map of the area shows the villages closest to the excavation sites with their land plots and surrounding landscapes, and describes the changes in the area to date. Lists of scientists and specialists who participated in the work or visited the excavations are given. It is concluded that there is a high interest in excavations in the region, their Russian and global scientific and historical significance.

To the issue of the rights and obligations of land users in the field of land restoration

The article is devoted to the problem of legal protection of the rights and obligations of land users in the field of land restoration. The article emphasizes that a significant part of lands, regardless of their purpose, requires urgent restoration measures, however, scientific works highlight only certain aspects of legal protection and restoration of lands, as well as a comprehensive analysis of issues related to ensuring the realization of the rights and fulfillment of the obligations of owners and users of land plots for their protection and restoration actually do not exist.
 The article emphasizes that the content of legal relations consists of subjective rights and legal obligations. The viewpoints of scientists regarding the specified concepts were studied. Attention is drawn to the fact that legal relations in the field of land restoration belong to the active type of legal relations, because the provision of land restoration requires active actions on the part of the obliged entities.
 The main legal relationship for land restoration is a legal obligation that manifests itself in the active behavior of the obligated person in order to ensure the subjective rights of other subjects.
 The general rights and responsibilities of land plot users under current land legislation have been analyzed. Legal conflicts and gaps in the specified area have been studied. It was emphasized that land plots should be restored by both their owners and users in the process of their exploitation. It is proposed to make appropriate changes to the land legislation regarding the expansion and systematization of the rights and obligations of land plot users.
 The author examines the grounds for compulsory termination of rights to land plots. The author emphasizes the peculiarities of the grounds for compulsory termination of the right to use a land plot, which is the failure to eliminate the committed violations of the law by the land user.
 Some attention is paid to the problem of land restoration in the conditions of hostilities. The issue of compensation for damages caused as a result of emergency situations and armed aggression was investigated. Legislative norms aimed at determining damage and compensation for damage to owners and users of land plots have been analyzed.

Role of A•gate in Garo Society, Meghalaya

In the landlocked hill state of Meghalaya, one of the largest tribes is the Garos, a Tibeto Burman group. They adhere to a patriarchal and matrilineal structure. Matrilocal is the basis for the residence. After marriage, the groom live with the bride and start a family. Another important part of Garo society is the duty and responsibilities of the A•gate and Chawari towards the clan and family. Compared to the Heiress and her spouse, A•gate and Chawari have distinct roles and responsibilities. In order to establish a family, the Chawari and his spouse must move out of their in-laws' home and construct a new home on the land that has been provided to them. A Nokkrom, unlike a Chawari, will not have to leave the in-laws' home after getting married. In contrast to the Nokna, the A•gate would only receive a limited plot of land on which to construct a home, engage in agriculture, and survive. Sometimes the family does not give A•gate any movable or immovable property. It will first attempt to determine A•gate's and Chawari's roles within the Garo Society. Second, examines into how A•gate and Nokna's responsibilities to the families and clan differ. Lastly, if at all possible, provide any suggestive measures.

Organization of veterinary services in the territories of the Leningrad region

The problem of organizing veterinary activities in the territories of horticultural, horticultural and other non-profit associations of citizens needs attention. Many land owners keep agricultural, pet companions. They often do not comply with the norms of legislation in the field of veterinary medicine, there is a concealment of facts and violation of the rules of maintenance, animal diseases, we see ignorance of the owners about the signs of manifestation, lack of awareness of the threats of a particular disease. At the same time, there is no centralized accounting of animals kept on the territory of the non-commercial gardening, as there is no work to perform veterinary knowledge. It is necessary to plan veterinary and educational work: organize meetings with representatives of the non-commercial gardening administration, animal owners, and present information material in the form of posters and leaflets on the ground. It is necessary to place sections on the electronic resources of the animal disease control station, non-commercial gardening containing in an accessible form the information on the maintenance, feeding of agricultural and domestic unproductive animals, carrying out antiepizootic measures, it is advisable to provide regulatory and legal information, inform in an accessible form about the need for veternary and sanitary examination of products obtained on the territory of the non-commercial gardening. The issue of registration and vaccination of animals can also be solved by organizing field events of representatives of the district animal disease control station in the non-commercial gardening. It seems necessary to change the approach to the list of acceptable ways of using land plots belonging to the category of agricultural land with an established type of permitted use for horticulture, so that among them there is the maintenance of farm animals.

ПРОБЛЕМЫ ОФОРМЛЕНИЯ ХОЗЯЙСТВЕННЫХ ПОСТРОЕК, РАСПОЛОЖЕННЫХ НА ЗЕМЕЛЬНЫХ УЧАСТКАХ, НАХОДЯЩИХСЯ В ГОСУДАРСТВЕННОЙ ИЛИ МУНИЦИПАЛЬНОЙ СОБСТВЕННОСТИ

The article analyzes the legal status of real estate objects, namely outbuildings located on land plots owned by the state or municipal, the procedure for their legalization, identifies the problems of law enforcement that arise when registering such real estate objects, as well as possible ways to eliminate them. The article uses statistical data on the Ulyanovsk region, as well as the regulatory framework in force in the territory of the specified region.

INTERNATIONAL PRACTICE AND STANDARDS OF LAND VALUATION AND THEIR IMPACT ON THE LAND PLOTS MARKET PRICE

The article analyses international practices and land valuation standards, highlighting their significance in forming market prices for land plots. The authors consider the importance of harmonising national valuation standards with international ones, which will be an essential step toward ensuring transparency, fairness, and efficiency in the land market. The focus is on the impact of internationally recognised standards such as IVS, RICS, and TEGoVA on the land pricing process in different countries. The article discusses in detail the mechanisms through which standardised evaluation methods contribute to increasing the investment attractiveness of land resources, strengthening the confidence of investors and land owners, and improving the legal and economic basis of the land market. The authors emphasise that an adequate assessment of the land that meets international standards is critical for ensuring effective management of land resources, conducting sustainable land use, and preserving the ecological balance. The study reveals the potential advantages and challenges of adopting international assessment standards in Ukraine. In particular, we consider the issues of the need for retraining appraisers, the adaptation of national legislation and regulatory framework, and the potential for increasing transparency and stabilisation of the land market. The article points out the importance of international cooperation and exchange of experience for the successful integration of Ukraine into global market relations, boosting its investment attractiveness and fostering the sustainable development of land resources. The article provides a valuable contribution to understanding the main aspects of international experience in land valuation and its impact on market price formation mechanisms. It calls for further research and discussion of ways to adapt and implement international standards in Ukraine as a necessary prerequisite for developing an open, fair, and efficient land market. The study significantly contributes to the scientific understanding of the harmonisation processes of national approaches to land valuation with international standards and practices, which is relevant in the context of globalisation and market integration. Keywords: international valuation standard, land value, land plot, land cadastre.

SCIENTIFICALLY BASED RECOMMENDATIONS FOR INCREASING THE EFFICIENCY OF REAL ESTATE USE AT THE REGIONAL LEVEL

It is proved that real estate is an essential element affecting the functioning of regions, as its use forms the material basis of regional development. In recent years, there has been a decrease in the efficiency of real estate use at the regional level. In this context, we should note the negative impact of external and internal factors and the consequences of Russian aggression. Therefore, theoretical provisions regarding the definition of real estate need further improvement, considering international experience. In addition, the approach to applying the method and models for forming a quantitative basis for real estate use to develop relevant scientifically based recommendations needs reconsideration. The research has achieved the goal of developing scientifically based recommendations for increasing the efficiency of real estate use at the regional level. We have solved the following tasks in the article: substantiating theoretical provisions regarding the definition of regional real estate, forming directions for improving the efficiency of real estate use at the regional level, and proposing a mechanism for using real estate. Real estate is defined as a set of land plots and other objects located on it, forming spatial support from above and below, the use of which has a long-term nature and the movement of which leads to a violation of their functional characteristics. Spatial, functional, investment, and environmental factors influence the formation and use of real estate. Their interaction and definition allow building a multi-level system of assessment indicators to form a quantitative basis for making informed decisions. To increase the level of real estate use in the regions, we have further developed methodological approaches, as recommendations, to the assessment of real estate use based on methods and models that characterise the directions and features of the use of spatial, functional, investment, and environmental support, which provide the opportunity to form a mathematical basis and identify the appropriate toolkit for developing a method for assessing the level of real estate use in regions. Of particular importance are the results of mathematical modelling of real estate use processes at the regional level based on the establishment of relationships between systemic spatial, functional, investment, and environmental factors and an integral indicator by applying the method of correlation-regression analysis, model adequacy criteria, which allows determining directions for increasing the efficiency of use of the real estate. A mechanism for the use of real estate at the regional level is proposed based on the results of the assessment, mathematical modelling, and forecasting of the factors of real estate use, which, unlike the existing ones, made it possible to determine the directions of implementation of scientifically based recommendations and build geospatial monitoring maps. As a result of the study, we have developed a mechanism for real estate use at the regional level as a comprehensive tool for ensuring the efficiency of real estate use in the regions. Keywords: real estate, regional level, efficiency of use, recommendations, mechanism, geospatial monitoring maps, methods, models.

АНАЛИЗ ПРОБЛЕМ ВОЗНИКАЮЩИХ ПРИ ОФОРМЛЕНИИ НЕВОСТРЕБОВАННЫХ ЗЕМЕЛЬНЫХ ДОЛЕЙ

This paper analyzed the problems that arise when registering unclaimed land shares, and also proposed rational options for solving them. Currently, in modern agricultural land use, the process of involving unclaimed land shares into agricultural circulation has been going on for more than 10 years. We are talking about the “work” carried out by local government bodies together with the courts to transfer into the ownership of municipalities land shares that were allocated to employees of agricultural enterprises during the land reform, but which, due to certain circumstances, did not dispose of them.
 The current mechanism for the circulation and use of agricultural land is aimed at stimulating participants in shared ownership to transfer such lands to efficient agricultural producers, or to allocate a plot of land to them for agricultural production. In our opinion, the procedure for allocating a land plot is aimed at providing land to the most efficient land users, that is, those persons who will use agricultural land more efficiently and rationally.

Article: Exploring Investment Arbitration as an Avenue for the Resolution of Disputes Between Religious Organizations and Host States

In a landscape where religious organizations, despite operating on a non-profit basis, are emerging as major contributors to national economies, owning land plots, engaging in commercial contracts, investing in socially important areas and accumulating significant financial resources, the author explores the possibility of extending the protections offered by historically profit-driven framework of international investment agreements to such organizations. This article primarily concentrates on examining the feasibility of making the investor-state dispute resolution system available for resolving disputes between religious entities backed by foreign capital and host states. This article does so by addressing both the legal (primarily jurisdictional) and practical challenges religious organizations may face when pursuing this avenue.

The land use planning measures used for the inclusion of land into agricultural use in the Russian Federation

The article considers the dynamics of the areas, structure, and condition of unused lands intended for agriculture and the volume of involvement in farming business, as well as the areas of land plots registered and transferred to rural commodity producers over the last years in the Russian Federation. It is shown that the current amount of land restoration doesn’t compensate for the needs of the state. The authors insist on necessity of comprehensive land use planning activities by developing appropriate land use planning procedures.

Business analytics (BI analitic, BI system), combined with a vector layer of agricultural lands as an effective assistant for selecting lands to be restored

The article shows an approach to analyzing a complex set of spatial data prepared for the introduction of abandoned land plots into economic circulation. The analytical capabilities of professional GIS systems used for these purposes are considered in this work as well.

The role of information support in the withdrawal of unused lands

The goal is to analyze the state of land resources and information about them in digital format, as well as occupancy and updating in order to identify the quality of unused lands for their subsequent assignment to a specific type of land and provision for temporary use. Methods – monographic, abstract-logical, analytical, statistical, mapping and forecasting. Results - current problems in the land use system are considered. During the pandemic, all land cadastral work was transferred online. It is shown that the main vector of economic development of the republic is digitalization of agriculture, which occupies a leading position in management of agricultural lands. It is noted that in 2023 an interactive map of lands returned to state ownership was launched - jerkarta.gharysh.kz. This geoservice allows not only to display withdrawn land plots in the context of regions and districts, but also to track the statistics of vacant land plots not assigned to land users, as well as the need for pastures. Conclusions - an analysis of two databases is presented, as a result of which it was revealed that information they contain about land masses is incomplete, since there are no indicators of soil quality, physical and chemical properties, and cadastral value of land. The criteria used in conducting land competitions for the provision of unused agricultural land for commercial production have been systematized. The authors state that in order to increase the efficiency of agricultural land use, it is necessary to develop a set of regulatory materials, methodology for periodically updating cadastral documentation and land monitoring, as well as effective mechanism for interaction between bodies to provide information on land plots and ensure access to it for citizens and legal entities.

Rational agricultural land use

The goal is to study the importance of rational use of land area for cultivation of crops. At the same time, a decisive role is assigned to increasing their productivity in order to ensure food security of the republic. Methods – economic-statistical, factor analysis and marketing research. Results – the need to improve the mechanism for the return and redistribution of empty unused in agriculture has been identified. It was determined that their status should be increased in order to be involved in agricultural turnover. The forecast for the sown area and the efficiency of cultivating crops has been calculated. The authors note that the return of unused lands to agricultural use will increase their productivity by up to 32%, and will also meet the need for agricultural products. Conclusions - it is necessary to accelerate the process of transferring this category of land to the state for their full exploitation for agricultural purposes, since the area of arable land for agricultural purposes is decreasing, which negatively affects the productivity of some agricultural plants. Rational land use in agriculture and solving the country's food problem contribute to increasing soil fertility, combating erosion, which poses a significant threat to the sustainability of agroecosystems, and reducing their degradation. In countries with developed economies, a systematic land accounting method is used. Its distinctive characteristic is the ability to carry out registration and accounting activities with land plots within the region and low unit costs. In Kazakhstan, it is advisable to use this approach in relation to agricultural lands, a significant share of which constitutes the country’s land fund. The proposed methods will reduce the number of abandoned land masses, increase investment attractiveness, and also support peasant (private) farms.

Efficiency of cow horn-powder in the remediation of crude oil impacted soil

Efficiency of Cow-Horn Powder in the Remediation of Crude Oil Impacted Soil was evaluated. Five beds of 40cm by 40cm with depth 30cm, partitioned on 220cm2 plot of land in Aluu, Port Harcourt were used for the study. A volume, 0.9 liters of Crude Oil was used to contaminate 4 beds of partitioned soil per 0.18m2 and left undisturbed for 14 days. Three of the partitioned contaminated beds (XgCH, YgCH and ZgCH) were thereafter bio-stimulated with 50g, 75g and 100g respectively of Cow Horn-Powder. The 4th served as negative control and the 5th, neither stimulated nor contaminated. Soil samples in triplicates, collected from depth 0-25cm from various beds at day zero soil contamination, Biostimulation Week 6 and 8 respectively were homogenized and analyzed for relevant Hydrocarbon indices, Heavy Metals and Physico-chemicals using standard methods. The highest remediation concentrations of the TPH which ranged between 652.11±0.0050 mg/kg and 893.20±0.005 mg/kg and PAH (92.99±0.001 mg/kg and 54.08±0.001 mg/kg) after eight weeks of remediation yielded 59.1% and 42.0% respectively. Degrees of reductions which ranged between 0.10±0.01 and 26.0±0.05 were recorded in the values of the Heavy Metals (Ni, Pb, Cr, Mn, Cu, Zn, Fe and Cd). Accordingly, significant differences (P≤0.05) were noticed between the values of TPH, PAH and Heavy Metals of the impacted soils and controls. Results suggest that Cow Horn-Powder is potent in remediating Crude Oil impacted Soils.

Институты соционормативной культуры балкарцев в деятельности судебных учреждений Нальчикского округа в последней трети XIX века: проблемы регулирования имущественных отношений

The article considers some problems of regulation of property relations of institutions of soci-onormative culture of Balkars in the activities of judicial institutions of the Nalchik district in the last third of the XIX century. These issues are considered on the example of disputes in the Nal-chik Mountain verbal and mediation (mediation) courts over ownership of things and real estate, ownership of land plots, loss of crops, claims for missing cattle and disputes related to inheritance and payment of kalym. Attention is drawn to the peculiarities of the involvement of witnesses in the proceedings, as the basis for the formation of the evidence base. The features of the appoint-ment of material compensation for property offenses are considered. The specifics of document-ing various forms of property relations among Balkars in the last third of the XIX century have been studied. The role of mediation (mediation) courts in resolving property disputes among the Balkars at the time under consideration is shown. It has been established that the customary law of the Balkars and Sharia were effectively applied in resolving property disputes based on some tra-ditional mechanisms: the use of witness testimony as the basis of evidence, the appointment of material compensation (fines) as a measure of responsibility for property offenses, the transfer of complex issues to the court of intermediaries, etc.

Application of marketing tools in agricultural land market

Goal – the issues of development of agricultural land market are considered, since this specific type of operation with land plots requires the use of marketing tools that are more adapted to modern conditions. Methods – during the research, comparative method was used, on the basis of which the state of agricultural land was analyzed using the example of the Akmola region; statistical – based on the use of statistical data on supply and demand for land for agriculture. Results – it was determined that formation and expansion of the land market is one of the most important directions of land policy in Kazakhstan. It has been revealed that land resources occupy a special place in the system of socio-economic categories. An analysis of agricultural lands was carried out, which is associated with their special significance as the most important production potential in agricultural sector. Marketing concepts– as one of the ways to develop land market are shown. It is substantiated that the main type of payment for land is currently rent, since the bulk of agricultural land (98%) is leased. Conclusions – the main provisions obtained during the study can be used as information and analytical material for developing a methodology for calculating rental payments by determining criteria for improving the consumer properties of agricultural land. The pricing process requires new approaches, in particular, the existing methodology for calculating rent on agricultural land is outdated and needs to be improved, which will help stabilize and expand the volume of agricultural production, increase the intensity and efficiency of management.

Выбор технологий и направлений снижения техногенного воздействия минеральных образований на окружающую среду

Introduction. With an increase in natural and man-made pressure, the condition of lands in the regions of Russia is deteriorating. Under the combined influence of natural and man-made processes, the soil layer of the lands that host them inevitably degrades, so the issue of minimizing the impact of these objects is relevant. Materials and methods. The possibility of minimizing the negative impact of technogenic mineral formations (TMF) on the environment under specific conditions is assessed through analysis using the method of expert assessments. The zone parameters were determined as a result of field and remote observations, laboratory experiments and mathematical modeling. Land plots located in zones of active influence of TMF were taken into account. Results. The following tasks were solved in the work: the state of the solid sediments was clarified; an analysis of the best available technologies for solid waste disposal was carried out; the lands containing solid waste were ranked according to their economic value; The degree of reduction of the negative impact of solid waste on the environment when using new technologies was assessed. Discussion. Since their creation, the structure of the land fund has changed greatly. The lands on which solid soil formations are located are most often not taken into account, i.e. it is not possible to determine the category of land and the type of permitted use. Conclusions. As a criterion for the optimality of recycling technologies, it is proposed to use the degree of negative impact of solid waste on the environment, determined as a result of ranking solid waste using fuzzy clustering. Conclusion. The proposed algorithm allows not only to determine the optimal direction for the reclamation of such lands in the absence of initial data, but also to select the most effective technologies for each direction. Suggestions for practical applications and directions for future research. The possibility of using solid waste now or in the future has been studied, and the use of an algorithm for selecting technologies to minimize or eliminate the negative impact of solid waste on the environment under similar conditions has been proposed.