Constitutional foundations for the acquisition and implementation of ownership оn a certain type of lands in Ukraine: legal conflicts and ways of overcome

Abstract

It is determined that land is subject to constitutional regulation because it is the territory of the state, and therefore – an integral element on the one hand, and on the other - the basis for satisfying the basic needs of Ukrainian citizens, which includes sufficient nutrition, and in turn, is the economic basis for the realization of other human rights. It is stated that the Constitution of Ukraine establishes a regime of dual ownership of land in Ukraine: Ukrainian people property and other subjects of law (state, territorial communities, individuals and legal entities), which gives rise to a conflict of constitutional and land norms defining the ownership of the Ukrainian people on land and guarantee other forms of ownership of land, and the inconsistency of the purely constitutional and purely land norms. It is stated that the acquisition and realization of land rights should not only bring into account the economic and social interests of society, but also take into account the specific features of the object of legal regulation - land as one of the most important elements of the environment. It is noted that the legislative regulation of special (additional) requirements related to the preservation of the natural properties of land as a natural resource, which fully relate to agricultural land, regarding the various grounds for the acquisition and realization of land ownership by various entities, in particular, by the Ukrainian citizens have a constitutional basis. Emphasis has been placed on the particular significant categories of agricultural land and the specifics of the acquisition and realization of ownership of them by person and enterprises. The peculiarities of the acquisition of agricultural land ownership through their privatization (paid and free of pay), including for farming, were investigated, and gaps and disagreements on this issue were identified.