Вісник Харківського національного університету внутрішніх справ (Sep 2019)
Procedural Guaranteeing of Tenants Rights in Case of Land Use for Farming
Abstract
The article is primarily aimed at the settlement of practical problematic aspects of realizing the procedural protection of the rights of the participants of leasehold land legal relationships. In order to protect the procedural rights of individuals during the settlement of land disputes, the author has analyzed legal scientific studies on the realization of the rights of land tenants, who, as ordinary citizens of Ukraine, concluded land rental agreements necessary for them to create and maintain farms. The author has studied the state of scientific doctrine and legal guarantees in the sphere of ensuring the protection of the rights of the participants of leasehold relationships, including procedural one. The main problems and shortcomings of the current legislation on procedural guaranteeing of the rights of tenants of land plots used for farming have been outlined. It has been emphasized that disputes on the termination of land rental agreements and sometimes the simultaneous collection of rent arrears initiated by the authorities in relation to individuals – the tenants as parties to the agreement have the special status within land disputes, whereas legal entities – farm enterprises actually use the land plots. These disputes are relevant and widespread in the practical field, but at the same time they are hardly protected by the doctrine and are imperfectly protected by the norms of the current legislation, which originates to significant violations of the rights of the participants of leasehold land legal relationships. Thus, starting from 2018, within the framework of the judicial reform and the creation of a new Supreme Court of Ukraine, a prudent legal position began to emerge regarding the need to appeal in these situations to commercial courts within the economic jurisdiction and to file claims against farm enterprises, which as legal entities are the defendant in the case, being the actual user. Taking into account the above, the author has studied the scientific environment within the aspect of solving the issue of procedural guaranteeing of the rights of the tenants of land plots that are actually used by farm enterprises for conducting this activity. The author has also made an attempt to study the current legislation, focusing on the problematic aspects and gaps that need to be addressed by improving legal regulation.
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