ON THE ISSUE OF ORGANIZATIONAL-LEGAL FORM OF COLLECTIVE GARDENING AND SUMMER COTTAGES CONSTRUCTION

Abstract

Objective: to determine the organizational-legal form of associations of gardeners and summer cottages’ owners.Methods: comparative legal, historical-legal, formal-logical methods, allowing to trace the evolution of legislative regulation of conducting of gardening, truck farming and implementation of the country construction, to determine the peculiarities of the legal status of their existing legal forms, to formulate proposals on improvement of legal regulation of collective gardening and summer cottages’ construction.Results: the analysis of the historical and legal formation and development of horticulture, vegetable gardening and cottage construction and the legal regime of lands of these types of permitted use, the conclusions are made about various socio-economic nature of associations of gardeners, vegetable gardeners and summer residents, about the need for the use of the term "summer cottages’ construction" in determining the type of permitted use of suburban land, on a differentiated legal regulation of creation and activity of gardeners’ and farmers’ cooperative associations and summer cottages’ owners associations as associations of property owners.Scientific novelty: through the prism of historical-legal analysis of legal regulation of horticulture, vegetable gardening and cottage construction, it is concluded that it is necessary to differentiate between legal regulation of gardening and the benefits of the cooperative organizational form for collective gardening and truck farming, and on the legal possibility of using legal forms of associations of real estate proprietors for the collective summer cottages construction.Practical relevance: the obtained results can be used in the legislative process.

Keywords

• civil law
• horticulture
• gardening
• summer cottages’ construction
• nonprofit company
• consumer cooperative
• non-commercial partnership
• partnership of property owners