Guarantees of legality principle realization in regulation of land relations in Ukraine

Abstract

The principle of legality in the legal regulation of land relations is provided by different guarantees. In the Ukrainian legal science the legality guarantees are defined as a system of objective and subjective conditions of social life, organizational measures and special (legal) means used by the state for providing the legality and stability of nomocracy. These guarantees are divided into two types: general – economic, political, social, ideological and special – legal guarantees.

General guarantees of legality in the sphere of land relation are the material basis of the principle of legality and can be found in certain economic, political, social and ideological possibilities for the acquisition and sale of land rights, land protection, etc., that exist in the Ukrainian society and to some extent ensure the implementation of the norms of land law and regulations of land legislation in Ukraine.

Economic guarantees of legality in land sphere are: evolutionary economic development of the Ukrainian society; equal economic opportunities for homogeneous subjects to acquire land rights; diversity and equality of land ownership forms; economic incentives for landowners and land users to rational use and protection of land resources; providing a combination of land owner and business entity. Factors that adversely affect the implementation of the legality principle in the land sector are: existing problems in the Ukrainian economy, especially in agriculture, lowering of income levels, rising of unemployment, especially in rural areas, sharing of agricultural land without creating the effective mechanisms to ensure farmers with other means of production, etc.

Political guarantees of principle of legality in the sphere of land use and protection are in reality of implementation in Ukrainian society principles of democracy, separation of powers, political pluralism. Unfortunately, the current practice of legislative regulation of land relations has numerous examples when certain legislative acts of the Ukrainian land legislation were adopted in favor of certain political forces.

Social guarantees of principle of legality in the land sector aimed at ensuring of adequate living standards, state aid to vulnerable populations, development of social sphere of villages, employment of rural population, integrated rural development and so on. In modern conditions these guarantees are not implemented in full, which negatively affects the implementation of the principle of legality in the regulation of land relations, especially in rural areas. Ideological guarantees of legality in land relations are based on the existence in the society of high level of legal awareness and legal culture, respect to land rights and land laws, deference to land as fundamental national wealth of Ukrainian people.

Legal guarantees of legality are established by law and statutes means and ways by which different rights of subjects of land relations are guarded, protected and restored. Priority among legal guarantees of legality in land sector belongs to the qualitative state of the sources of land law and enforcement regulations. The study of land legislation since 1990 gives reason for conclusions about the number of permanent negative trends that significantly complicate the implementation of the principle of legality in land regulation nowadays.