European Cooperation (Jan 2018)
LAND REALLOCATION IN CONDITIONS OF CONSOLIDATION: LEGAL ASPECT
Abstract
The article investigates the essence and legal aspects of land reallocation in Ukrainian conditions based on the international best practice in the implementation of land consolidation. It was established that land reallocation is the most important and complicated process of land consolidation that solves two main problems: spatial and legal. With regard to spatial planning, land reallocation should include two main land use-planning measures: restructuring of land tenure (land use) and creation of land parcels. From a legal point of view, the land reallocation can be divided into three main types: land ownership reallocation, land use right reallocation, reallocation of other rights of land. It is proposed to consider land reallocation as a set of interrelated aspects: legal, administrative and technical (engineering).The legal aspect of land reallocation is considered in the context of elaboration of basic and additional principles for reallocation of land that may be useful for developing the methodology and procedure of land reallocation and for creating a legislative framework for the introduction of agricultural land consolidation inUkraine.
