Kulinich P. F.
Kulinich P. F. Directions of improvements of legal regulations of land relations in Ukraine under conditions of power’s decentralization
The article is devoted to analysis of influence of decentralization of power authorities on development of land legislation as well as to finding out directions of improvement of land legislation of Ukraine. Decentralization of power bodies” of authority in the sphere of regulation of land relations is regarded as an important stage of transformation of soviet type land legislation, which served to needs of administrative economy, into market oriented land legislation which serves to needs of democratic society is analyzed. Both notion and principles of decentralization of land authority of power bodies as factors of development of legal regulation of land relations in Ukraine is researched. It is proved that in the land law of Ukraine there is reason to consider decentralization of land authority of power bodies in two aspects: 1) as decentralization of public ownership to land with passing of significant part of state owned land into communal ownership of cumulated territorial communities and 2) as decentralization of land management authorities of state bodies with passing of significant part of it to local self-government bodies of cumulated territorial communities.
To implement decentralization of power body’s authority in the sphere of realization of public ownership rights to land it is necessary to introduce into legislation of Ukraine legal provisions with clear criteria for passing state land to communal ownership of cumulated territorial communities both land within cities, towns and villagers as well as outside of settlements. In particular, land legislation of Ukraine has to provide priority of communal ownership rights to land within territories of cumulated territorial communities by the way of: а) passing of majority of state land outside of settlements into communal ownership of cumulated territorial communities; b) installment by legislation legal presumption of belonging to cumulated territorial community of any land within its territory if neither state nor any private person has registered ownership rights to such land. Besides, the legislation has to be added by legal provisions which define authority regarding implementation of communal ownership rights to land by both radas of cumulated territorial community and its executive committee.
The main directions of improvement of land legislation of Ukraine are defined in the view of decentralization of land management authorities of power bodies in the sphere of land relations. The author of the article proves that these directions are as follows: 1) providing self-government bodies of cumulated territorial communities – its radas (councils) with authority on planning use and protection of all lands within a community’s territory, including communal, state-owned and private lands; 2) organization of consolidation of agricultural and other lands within of its territory; 3) collecting taxes from all lands on its territory and including of all land tax income to the budget of cumulated territorial community, as well as giving to radas of cumulated territorial communities an exclusive rights to install exemptions from paying land taxes and lease payment for communal land; 4) providing self-government bodies of cumulated territorial communities with authority to conduct monitoring of all lands as well as authority to control land owners and land users regarding following them to requirements of land, urban development and ecological legislation of Ukraine. Thus, decentralization of land management authorities of power bodies with passing big amount of authorities in the sphere of land relations to cumulated territorial communities as main chain of local self-government dramatic renewal of the institute of public ownership to land in Ukraine.
Key words: land, territorial communities, power bodies, law, land authority, decentralization.