Directions and risks of legal rights enforcement by territorial communities after the opening of the agricultural land market in Ukraine

Abstract

The need for state management of the land market is stipulated with the necessity for rational use of agricultural land and preservation of its fertility. This study aims to identify the risks that have arisen with opening the land market in Ukraine. Moreover, it develops effective measures to minimize such risks, designed to enforce the legal right of amalgamated territorial communities to acquire ownership of agricultural land. The comparative law method was used in a sample analysis of legal precedents on liability for offenses in land relations, as well as the regulations that establish liability for offenses in this field and certain provisions of the legal precedents of the European Court of Human Rights. Following the study, proposals were formulated intending to improve land management in favor of the decentralized model and enforce the legal rights of amalgamated territorial communities due to the opening of the land market in Ukraine. An innovative strategy is proposed for the functioning of land relations, aimed to improve the process of their regulation in the land market performance, and its components are outlined. Implementation of the proposed strategy for the functioning of land relations will improve the transfer mechanisms of agricultural land to the amalgamated territorial communities. It will also mitigate the identified risks in the land market performance in Ukraine.

Keywords

• agricultural purpose
• alienation
• land plots
• preliminary procedure
• rule of law
• territorial communities