Land Turnover Research Articles

Imperfection of land system in agriculture, possible consequences and the ways to correct them

Significant transformations occurred during the land reform by January 1999. The monopoly of state ownership over land was abolished, and reorganizations of collective and state farms were carried out, alongside the privatization of land. Since 2002, the turnover of agricultural land has been regulated by Federal Law No. 101-FZ of July 24, 2002, "On the Turnover of Agricultural Land." Ownership, use, and disposal of land plots that are in shared ownership can only be carried out in accordance with the decisions of the participants in the shared ownership. However, the procedure for allocating land plots against the shares of land is lengthy, costly, and prone to corruption. Imperfect land legislation and incompetence in the courts hinder the completion of land transformations. This article discusses the issues of shared land ownership related to multi-contour land plots and methods to overcome these challenges.

НЕКОТОРЫЕ АСПЕКТЫ РЕШЕНИЯ ПРОБЛЕМЫ НЕИСПОЛЬЗОВАНИЯ ЗЕМЕЛЬ СЕЛЬСКОХОЗЯЙСТВЕННОГО НАЗНАЧЕНИЯ

The article discusses the problems of non-use of productive lands. Identification of the decreasing trend of the main types of productive lands and the reason for their non-use. The role of land management support in the implementation of a set of measures of the State Program for the effective involvement in the turnover of agricultural land and the development of the reclamation complex is determined. Substantiation of the need to form a land administration system in which land management should become its main mechanism.

Важность комплексного подхода к реформированию законодательных норм, регулирующих выделение в участки образованных 30 лет назад земельных долей

The purpose of the article is to investigate to what extent the decision to abolish unclaimed shares is provided by the current rules for surveying plots allocated to the account of shares. The privatization of farmland assigned to collective farms and state farms carried out in the early 1990s led to the formation of common shared ownership of these lands. After 20 years, almost a third of these lands had the status of unclaimed (unclaimed land shares). Over the past 10 years, municipalities have carried out significant work and about half of such shares have passed into municipal ownership on the basis of court decisions. From 2025, all other unclaimed shares will become municipal by virtue of the law, and within a year they must be allocated to land plots. This requires, among other things, land use planning support. The adjustments made over the past 20 years to federal legislation regulating the turnover of agricultural land are characterized by complexity. This also applies to the land use planning provision that implements the relevant norms. From 2025, fundamentally new provisions on the status of unclaimed shares will come into force, also requiring land use planning support, but this time no corresponding amendments have been made to special legislation. It is proposed to make appropriate adjustments to the rules for allocating abolished unclaimed shares to land plots.

Some issues of ensuring the restoration of land in the conditions of the development of market relations

The article is devoted to topical issues of ensuring the restoration of land in the conditions of the development of market relations. The legislative support for the formation and development of the agricultural land market has been studied. Negative processes are analyzed in detail regarding the current state of lands, the most threatening characteristics of which are their degradation and desertification, and the reasons for the rapid deterioration of their condition in recent years. It is emphasized that the formation of the land market consists of two elements: the land market for agricultural and non-agricultural purposes. The concepts of "land turnover^ and "land marketn are defined. It is noted that the conversion of land plots is carried out both in the conditions of the establishment and development of market relations, and in the conditions of the absence of a land market. The problem of preserving the quality of land, soil fertility, their protection and timely restoration in the conditions of change of owners and tenants of agricultural lands in the conditions of the development of market relations is investigated. Scientific works of scientists on the solution of the specified problem are cited. The influence of the qualitative state of land on the value of land plots and the peculiarities of determining their normative and expert monetary assessment are analyzed. Attention is focused on recording the state of land in the relevant documentation. Attention is drawn to the legal consequences of accidental destruction or damage to the rental object by the user. The shortcomings of the legal provision of obligations of owners and users of land plots to restore soil fertility, as well as other useful properties of the land, are investigated. It is noted that failure by a land user, in particular a tenant, to fulfill its obligations to restore the quality of land is grounds for the compulsory termination of its rights to a land plot. Suggested ways of improving legislation in the specified area. Proposals have been made to establish the quality of the land plot at the time of its alienation. Attention is focused on ensuring effective state control over the timely restoration of land.

EU policy on agricultural land turnover: general characteristics

The evolving land reforms in Ukraine and its recent strides towards EU membership accentuate the critical importance of addressing the circulation of agricultural land. This article analyzes the European Union's policies concerning the formulation and execution of regulations governing the transfer of agricultural land, given its doctrinal and practical significance in the context of Ukraine's transitional phase. This academic article examines the intricate relationship between European Union (EU) legislation and the regulation of land ownership within its member states, with a particular focus on agricultural land. The analysis delves into the legal framework provided by Article 345 of the Treaty on the Functioning of the European Union, which preserves member states' autonomy in land ownership decisions while emphasizing compliance with the principles of free movement of capital. The article reviews key EU guidelines and directives, such as those concerning land policy design and reform processes, common agricultural policy, and financial regulations, which indirectly impact land transactions and ownership. Additionally, it explores the Union's response to challenges such as land grabbing and concentration of ownership, including guidelines for member states to protect agricultural land from speculative practices and monopolization. Furthermore, the article discusses recent legal precedents, notably the CJEU's ruling on Bulgaria's residency requirement for land acquisition, which highlights the tension between national policy objectives and EU principles. Through an analysis of EU legislation, court decisions, and policy recommendations, this article offers insights into the evolving dynamics of land ownership regulation within the EU, aiming to contribute to a deeper understanding of the balance between capital movement and national sovereignty in land governance.

Agricultural Land Market in Ukraine: Challenges of Trade Liberalization and Future Land Policy Reforms

After over 20 years of a strict moratorium on the turnover of agricultural land in Ukraine, an official market for this type of land has recently been established. The purpose of this study was to examine the functioning of the fundamental elements of this market from the moment of its introduction on 1 July 2021 until today, as well as to understand the possible directions for its further development. The analysis of the agricultural land market and the visualization of the obtained results were carried out using the PostgreSQL database, Python and SQL programming languages, and the QGIS and Metabase tools. It was found that the volume of the agricultural land market remains insignificant, as the total area of sold land during this period made up only 0.7% of the arable land area of Ukraine. Prices for land plots remained at the level of their normative monetary value and are still relatively low, which indicates the significant undercapitalization of agricultural land as a production factor. The stability of agricultural land prices under the influence of various factors also indicates their relative virtuality, which, taking into account the further lifting of restrictions on the size of land plots to be sold as of 1 January 2024, requires the use of appropriate land policy instruments in order to fully utilize the multipurpose role of land in the achievement of the Sustainable Development Goals, which should be based on a human-rights-based approach to rural development, food security, and land policy.

ОСНОВНЫЕ ОПТИМАЛЬНЫЕ ПАРАМЕТРЫ ПРИРОДНО- КЛИМАТИЧЕСКОГО ПОТЕНЦИАЛА, ОПРЕДЕЛЯЮЩИЕ УСЛОВИЯ СЕЛЬСКОХОЗЯЙСТВЕННОГО ЗЕМЛЕПОЛЬЗОВАНИЯ СЕВЕРО-КАВКАЗСКОГО ЭКОНОМИЧЕСКОГО РАЙОНА

The article examines the optimal parameters of the natural and climatic potential that determine the conditions of agricultural land use in the North Caucasus Economic Region in order to achieve the goals set for the future. The practical side of effective and intensive turnover of agricultural land and ways to improve them in real use have been worked out. Depending on the ratio of indicators, optimal parameters of the natural and climatic potential for the involvement and expedient exploitation of land are built. Inefficient lands and methods of their use due to the use of highly effective agrotechnical innovations are considered. The analysis of the investment climate, key risks and adaptation to modern conditions is carried out. The key positions constraining the elimination of a number of problems are formulated. This is due to the risk of slowing down investment attractiveness and competitive advantage, taking into account the global economic context.

ЭФФЕКТИВНОСТЬ И ИНТЕНСИВНОСТЬ ИСПОЛЬЗОВАНИЯ СЕЛЬСКОХОЗЯЙСТВЕННЫХ УГОДИЙ В СУБЪЕКТАХ ПОВОЛЖСКОГО ЭКОНОМИЧЕСКОГО РАЙОНА

The article conducted a study of the efficiency and intensity of use of agricultural land in the constituent entities of the Volga economic region. The Republic of Kalmykia, the Republic of Tatarstan, Astrakhan, Volgograd, Penza, Samara, Saratov and Ulyanovsk regions were analyzed. In the process of studying, the stages of research are considered to ensure stimulation of the goals set for the future. The practical side of effective and intensive turnover of agricultural land and ways to improve it in real use have been worked out. Depending on the ratio of indicators of the capabilities of the Volga economic region, a program of activities has been built for the involvement and expedient exploitation of agricultural land. Inefficient lands and methods of their use through the use of highly effective agrotechnical innovations are considered. Directions for measures to improve consistently ineffective lands are revealed. An important role here is played by targeted actions to improve land through land reclamation. An analysis of the investment climate, key risks and adaptation to modern conditions was carried out. Key positions that hinder the elimination of a number of problems are formulated in the form of a summary consequence. This is associated with the risk of a slowdown in investment attractiveness and competitive advantage, taking into account the global economic context. Despite the significant interest in the use of agricultural land in the subjects of the Volga economic region, the applied interest associated with the possibility and intensity of use to ensure the production of agricultural products is not sufficiently substantiated, the theoretical and practical aspects related to the study of models of economic modernization of this region are not sufficiently developed.

On the question of the place and role of the inheritance contract as a novelty of Russian legislation in the system of agricultural land turnover

This paper presents the results of a systematic analysis of the design of inheritance by contract, which is quite new for Russian legislation and its place in the system of agricultural land turnover. This novel was introduced in 2019 and, of course, received some critical assessment from both legal scholars and law enforcement officials. The paper raises a number of issues related to some unequal characteristics of the rights and obligations of the testator and the heir, possible difficulties in applying within the framework of inheritance of agricultural land. In fact, the parties to the inheritance agreement, based on the right regulation of their status, have unequal opportunities to protect their interests, the testator is endowed with greater will and freedom when making and implementing this transaction. Nevertheless, the formation of new norms in legislation, especially in the civil law sphere, has a direct significant impact on the sustainable development of the agro-industrial complex in particular and, in general, on the self-determination of Russian statehood and its integration into the world system. The author analyzes the results of the legal regulation of this institution in foreign legislation, as well as examines historical experience. A study of the inheritance system in other states, as well as a comparative legal analysis of the legislations of various countries, has been conducted. In the course of the study, the author comes to the conclusion that there is a need for more detailed regulation and legislative regulation of this institution, working out clear criteria for distinguishing an inheritance contract from inheritance by will, as well as eliminating practical difficulties for using it in the agro-industrial complex, including when inheriting agricultural land.

Harvesting the Rain: The Adoption of Environmental Technologies in the Sahel

Abstract Many agricultural and environmental technologies require upfront investments. This may deter adoption, particularly in settings characterized by information liquidity and credit constraints. We test for these barriers to the adoption of an agricultural technique that helps address land degradation in Niger. We find little evidence that liquidity or credit constraints deter adoption: instead, providing farmers with training increases the share of adopters by over 90 percentage points. Conditional or unconditional cash transfers have no additional effect. Adoption increases agricultural output and reduces land turnover in the longerterm. In our setting, training provides both specific technical knowledge and addresses behavioral constraints.

Opening of the agricultural land market in Ukraine: advantages, disadvantages and ways to solve them

The paper covers the topic of opening the land market in Ukraine, in particular, focuses on the advantages, disadvantages and suggests ways to solve them. The author studies the main regulatory legal acts in the field of agricultural land. It is found that the quality of agricultural production and the overall food security of the state depend on the level of functioning of the land market. The authors examine the arguments and counterarguments for lifting the ban on land sales. It is concluded that the current moratorium only exacerbated the existing problems of the land market. The author analyzes the number of contracts for the sale and purchase of agricultural land plots by region. The analysis shows that due to the hostilities in Donetsk, Zaporizhzhia, and Kharkiv regions, this indicator is low compared to other regions. Both positive and negative aspects of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding the Terms of Agricultural Land Turnover" of July 01, 2021 are highlighted. In particular, the author focuses on problematic aspects, such as: lack of equal access to credit resources for all forms of business in the agricultural sector; lack of criminal liability of state registrars for registering land involved in fraudulent schemes; unregulated sale of agricultural land to foreigners and some others. It is found that only proper and clear legislative regulation will help to eliminate the existing gaps.

Legal restrictions on the turnover of agricultural land

It is indicated that the proper functioning of the agricultural land market, introduced from 01.07.2021, is possible if there is a clear, detailed and complete mechanism of legal regulation of the relevant social relations. This mechanism should be clear to both the owners of agricultural land plots and the purchasers. However, certain legislative provisions are ambiguously perceived and understood in society, and in the absence of accumulated practice of applying legislation on the land market, a number of questions remain open. This applies, in particular, to the limitations established by the legislator regarding the circle of participants in the market circulation of agricultural land, the legal form of the alienation of land plots, the area of land plots acquired by subjects of preferential right and other market participants, etc.
 The article provides a systematic analysis of the legislative provisions relating to legal restrictions in the sphere of agricultural land turnover, and identifies legal issues related to limitation of the circle of potential acquirers of land plots (individuals and legal entities), restrictions on the total area of land plots which may be acquired by individuals and legal entities, and restrictions on the legal form of alienation of agricultural land plots in the context of the land market. The author also analyzes the situation related to the exercise by lessees of the preemptive right to purchase leased land plots by legal entities established by foreigners. The authors substantiate the ways of solving these problems. They argue that the legislatively enshrined restrictions on the right of ownership of agricultural land are due to the need to ensure the public interest, since land, being the main national wealth, is under special protection of the state. At the same time, the authors believe that the legislator should not only create conditions for preventing and preventing legislation regulating relations on the agricultural land market, but also ensure transparent and fair competition of all participants in the agricultural land market.

Constitutional foundations of the right of land ownership in the Republic of Dagestan in the conditions of market economy

The article deals with the issues of legal regulation of land relations, the introduction of the right of private ownership on agricultural land in the Republic of Dagestan, the turnover of agricultural land, and state accounting and registration of real estate in the Republic.

Mapping socio-environmental pressures to assess Portuguese soil vulnerability

Soil degradation has concerning impacts on ecosystem functions and biodiversity, decreasing essential processes such as food production or sustaining water quality. We studied eight soil threats to assess degradation processes: hydrogeological risks, soil sealing, salinization, desertification, contamination, compaction, erosion and decline in soil organic matter. A knowledge-based methodology was used measure the importance of 15 anthropogenic and environmental variables, with top weights of water availability (0.11), rate of land use change (0.09) and agricultural practices (0.09). Variables were combined into one additive model per threat to assess its distribution in Portugal. Merged soil threat vulnerability maps provided a spatial representation of the distribution of aggregated soil vulnerability, to find a 58% of moderate vulnerable soils where multiple threats coexist and are key for future management changes, a 32% of low vulnerable soils with reduced levels of soil threats, where temperature and precipitation are the main drivers of soil degradation and a 10% of highly vulnerable soils, which encompasses populated urban areas and rural civil parishes, where contamination and high rates of land turnover are the main drivers. Our maps can be used to make informed decisions on soil management and establish strategic policies for a sustainable use of land.

Agricultural land turnover in Ukraine: New challenges and new opportunities

The experience of the market turnover of agricultural land in Ukraine has shown that untimely and insufficiently comprehensive analysis of the functioning of the land market can lead to incorrect conclusions and limit the understanding of its dynamics and impact on the country’s economic situation. The purpose of the study was to identify the main trends and indicators of the market turnover of agricultural land in Ukraine by analysing land ownership transactions. The methodological tools of the problem under study were general scientific and special methods, as well as the method of comparison and abstract and logical methods. The main results of the study are a cost and quantitative assessment of transactions of sale and purchase of ownership rights to agricultural land in Ukraine, which makes it possible to identify the main trends in the land market. Certain provisions can be used to formulate strategies for the development of land relations in Ukraine. The number and share of transactions involving the sale and purchase of ownership rights to agricultural land in the overall structure of transactions is determined. The area of land ownership rights to which were alienated through sale and purchase is determined. The author calculates the value of agricultural land depending on its remoteness from a settlement, regional location and designated purpose. Fluctuations in the value of arable land depending on their territorial location and in the overall dynamics by month are determined. The level of activity of agricultural land market participants in the country as a whole and by regions is determined. The results and trends in the market turnover of agricultural land in the territories where military operations were or are ongoing are investigated. The main key indicators of the market turnover of agricultural land are determined. Forecasts of the value of arable land in Ukraine by the end of 2023 are formed. The discrepancy between the Ukrainian model of agricultural land market turnover and the models operating in the European Union has been established. The results of the study can be used to develop ways to reorient the market turnover of agricultural land to the European principles of functioning aimed at the development of family farming as a fundamental goal of Ukraine’s agricultural policy

Problems of regulation of the turnover of land share and the ways of their solution

The problems of regulating the turnover of agricultural land in private ownership, namely, land shares owned by individuals, but not allocated in kind, are considered. It is proposed to create an electronic thematic map of a land plot containing information on the number of participants in the right of common ownership of a land plot, the size of the shares of owners, unallocated land shares, land plots already allocated on account of shares and registered or in the process of setting and registering ights under analogies with the public cadastral map and the Internet map «GIS of St. Petersburg» in the field of land shares. Its creation will make it possible to significantly simplify the work of allocating shares in kind and preparing the necessary cadastral documentation (land survey project and survey plan).

HUNTING RESOURCES OF THE SOUTH OF KAZAKHSTAN

The hunting fauna is an important component of the biological diversity of the southern regions of Kazakhstan. Being a part of natural resources, hunting animals are, on the one hand, an object of hunting and have recreational and economic value, and on the other hand, they are fully exposed to a complex of anthropogenic factors, of which agricultural production is especially relevant for the steppe zone. Today, the problem of preserving and objectively assessing the natural resource potential of individual regions of Kazakhstan is becoming especially relevant. In this regard, it is necessary to foresee all the environmental and economic costs associated with turnover of agricultural land and to identify contradictions associated with usage of hunting resources on agricultural land. Hunting resources, as part of the natural resource potential of the developed regions, are an objective indicator of the systemic ecological crisis of the steppe zone. In Kazakhstan, the steppe zone is an agrarian region, where the problems of biodiversity conservation, socio-economic and environmental optimization of land use and management of hunting use are especially acute. The purpose of this research work is to analyze regional hunting and resource potential, develop principles for optimizing the management of hunting activities in the southern region of Kazakhstan. The article presents the results of the hunting activities analysis of Kyzylorda and Turkestan regions, which are part of South Kazakhstan. The data on fixed hunting grounds, the relative number of predatory mammals as potential hunting objects - wolves, foxes, corsacs, jackals, badgers and mustelids as hunting objects are given.

Experience of EU countries in legal regulation of agricultural land turnover between agricultural producers

The article examines the peculiarities of legal regulation of agricultural land turnover among agricultural producers in the EU countries and identifies the areas for improvement of national legislation in this area. The study finds that international experience indicates that there are various models of legal regulation of land turnover among agricultural enterprises which can be effective if they take into account the specific features of a particular country and national interests. Almost every country in the world regulates such turnover in one way or another. There are countries with “hard” and “soft” regulation of land transactions between agricultural producers. However, almost every developed EU country gives priority to farmers who live in the area and run their own farms, as opposed to large agricultural holdings. Despite the fact that in the EU countries the legislation on the turnover of agricultural land between agricultural producers is based on different models of legal regulation, the positive experience of these countries should be used to improve the national legislation in this area. In the area of legal support for the use of land by agricultural producers, the national land legislation should pay special attention to granting pre-emptive rights to purchase agricultural land to farms, territorial communities, tenants, etc; provide for the establishment of a preferential procedure for the acquisition of such land and the granting of tax benefits; and define the limits of land concentration at the level of regions and united territorial communities or establish a permit procedure for the acquisition of land plots with an area larger than that established in a particular region or united territorial community.

К вопросу использования маргинальных земель с участием иммигрантов

Abstract. The purpose of the work is to identify the importance of reducing marginal lands that have an internal or peripheral location in the state (district) not used for various reasons through the mechanism of state migration policy and the state program for effective involvement in the turnover of agricultural land. Methods. The methods of system analysis, comparative analysis, structural analysis, systematization, generalization, analogy, comparison of domestic and foreign experience, assessment of the legal framework are used. Results. The conceptual aspects of marginality and processes of marginalization in society, the behavior of a marginal person focused on ending the conflict or giving the conflict a different meaning are analyzed. It is proposed to consider marginal territories located on the remote periphery of the region or in internal isolated places, lagging behind in development relative to the entire region, lands that were previously agricultural lands. It has been substantiated that when considering this problem from the standpoint of the economy, the concentration of the rural population on less favorable or marginal agricultural lands is a barometer of the development of the economy as a whole. The dependence of attracting labor to the agrarian sphere of the economy on depopulation and low birth rate in the country is revealed. The idea of revising the Concept of Demographic Development in Russia which would comprehensively take into account the conceptual aspects of the new migration policy, the targeted development of marginal lands including with a wider involvement of migrants and immigrants in the context of the development of rural areas is proposed. Based on official data it has been confirmed that unused agricultural land in Russia accounts for 11.8 % of the total area of such land. 16.5 % of agricultural land and 16.6 % of arable land are not used. Proposals have been formulated regarding the improvement of domestic legislation to create the necessary conditions for attracting immigrants from Ukraine and other states to agriculture. The results of long-term studies of scientists who noted that migration ties between Ukraine and Russia have always been dense due to geographical and ethno-cultural proximity are confirmed. The argument about the adoption of a special state program for the development of marginal lands with the wide involvement of migrants is supported by data on the current state and the need for further sustainable development of Agriculture in Russia. The scientific novelty lies in the study of the special relevance of involving marginal lands in the turnover with their provision to persons who have expressed a desire to obtain Russian citizenship and then on an ongoing basis to develop the allocated resources in the agrarian sphere of the economy.

Расширение экспорта продовольствия Российской Федерации зависит от освоения заброшенных земель

The relevance of the subject of the study is due to the need to introduce abandoned agricultural land into economic circulation in Russia. The article provides a calculation of the possible terms of involvement in the turnover of land in the context of federal districts and the most problematic regions. Significant periods of development of abandoned agricultural lands indicate the need to change approaches to solving this problem. The article provides a theoretical justification for the expedient use of part of the rental income received from food exports to finance measures to involve unused land in agricultural turnover. Proposals are formulated for the possible allotment of land plots to distinguished participants of the SVO.