Науково-інформаційний вісник Івано-Франківського університету права імені Короля Данила Галицького (Jun 2023)
The concept and features of the restriction of land rights of foreign individuals and legal entities in Ukraine
Abstract
Purpose: the purpose of the article is to conduct an analysis of the peculiarities of the restriction of land rights of foreign natural persons, stateless persons and foreign legal entities under the legislation of Ukraine, as well as to formulate on this basis the definition of the specified term for the improvement of land legal terminology. Method. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material, as well as the formulation of relevant conclusions and recommendations. The following methods of scientific knowledge were used during the research: analysis and synthesis, systemic-structural, comparative-legal, and historical-legal methods. Results. In the process of research, the meaning of the term "limitation of rights to land" of foreign individuals and legal entities in Ukraine was determined, which consists in the establishment of certain prohibitions that define the limits of possible behavior and lead to a narrowing of the scope of the land powers of the specified subjects in the process of acquiring and exercising rights by them ownership of land plots and land use rights, which complicates or makes impossible the acquisition or realization of their land rights. The term "restriction of rights to land" should be distinguished from the term "burdening rights to land" of foreign individuals and legal entities in Ukraine, which consists in imposing additional obligations on foreign entities in the process of exercising their rights to land, which complicates their realization land rights. Originality. In the process of the analysis, it was proven that restrictions on the land rights of foreign natural persons, stateless persons and foreign legal entities are established in the same scope and order as for citizens of Ukraine and legal entities of Ukraine. In addition, additional restrictions on land rights of foreign subjects may be established by provisions of the Civil Code of Ukraine, other land laws for reasons of ensuring national security, preserving land as the main national wealth of Ukraine, ensuring priority access to land rights of citizens of Ukraine and legal entities of Ukraine. Practical significance. The results of the study can be used in the research field - for the further development of the problems of legislative regulation of restrictions on the rights to land of foreign natural persons, stateless persons and foreign legal entities under the legislation of Ukraine, as well as in the rule-making work - in the preparation of draft regulations , aimed at improving the legislative regulation of the legal status of foreign individuals, stateless persons and foreign legal entities as subjects of land relations.
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