Svitlana Kostenko. Transforming the subject of agrarian law of Ukraine
The agrarian sector of the economy deemed strategic for any country, including Ukraine. Cut this significance lies not only in the possibilities of obtaining national income, but also in ensuring food security. A key role in the development of agricultural economy plays right as a regulator of social relations. Due to the negative circumstances in Ukraine (revolution Dignity, annexation of Crimea, the fighting in Donbas, the rate of the hryvnia to the dollar), the role of law as a regulator of public relations is becoming increasingly important. At this stage of development of Ukraine very important that the law was not a deterrent, but it contributed to more rapid progress, especially in the agricultural sector. Given the critical state of the agricultural sector, it needs urgent reload.
Specific point attempts to solve problems in the field of agricultural law were unsuccessful because they were based on a holistic perception of the agrarian law. They are limited to a specific problem without taking into account the vector of development of agrarian law and agrarian sectors of the economy as a whole. In this lies the key reason for low quality and sometimes even contradictory, legal regulation of agrarian sphere. Find the right solution in this situation can help transcendental research method that allows you to “break away” from the current problems of the agricultural sector and to look at agricultural law in indissoluble connection with the agrarian sector of the economy from the side. In this case, this transcendence should be rethinking agrarian law itself, its fundamentals that are the subject of agricultural law.
An analysis of national scientific legal literature it can be concluded that the definition of agrarian law is mandatory binding to the agricultural commodity production, providing a functioning of agricultural enterprise. However, this approach leaves out the subject of agrarian law of the direct subject of agrarian relations as a farmer, without which there can not be functioning village and its related relationship. In addition, the subject remain out agrarian law legal instruments of state agrarian policy, rural development, the impact of globalization on the agrarian law, and so on.
Proper understanding of the subject of the agrarian law is not only important theoretical and practical significance, since it helps to choose the right priorities for the development of agricultural sector. Given the challenges the author came to the conclusion that the subject of agricultural law should include the following components relations:
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the farmer as an agrarian law;
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the production, processing and marketing of agricultural products and the related otheractivities;
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rural development;
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leverage state and local governments on the establishment and development of the agricultural sector;
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trends of agricultural law in the context of globalization and international and interstate integration.
Key words: agricultural law, the subject of the agrarian law, concept, transformation.
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