Gaps of administrative and legal regulation (legal conflicts) estimation of land plots
DOI:
https://doi.org/10.31548/law2020.03.016Abstract
The legal conflicts of control relations in the field of land resources and ways to overcome the mare studied. In consistencies in the legislation of Ukraine on control, use and protection of land resources are described. The legal conflicts that arise during the assessment of land plots are analyzed. It is proposed to specify and differentiate the competencies of the subjects of state control in the field of land resources and to transfer part of the powers of the executive authorities to local governments. The conclusion is made on the need to overcome conflicts and systematize land legislation.
Keywords: state control, land resources, land, legal conflict, conflict rule, overcoming conflicts, systematization, normative monetary valuation
References
Regarding the practice of application of legal norm sincase of conflict: Letter of the Ministry of Justice of Ukraine dated 26.12.2008 № 758-0-2-08-19. Available at: https://zakon.rada.gov.ua/laws/show/v0758323-08#Text (in Ukrainian).
Kovalenko, T.O. (2013). Conflict rules in land law of Ukraine. University scientific notes, 3: 329–335 (in Ukrainian).
Kovalenko, T.O. (2010). Collision of competence of state authorities and local self-government in the field of land relations regulation. Journal of Kyiv University of Law, 4: 246–250 (in Ukrainian).
Portnov, A.V. & Moskalyuk, O.V. (2012). Types of conflicts in the legislation of Ukraine. Lawyer of Ukraine, 1–2: 5–12 (in Ukrainian).
Conflicts in legislation. Official Web-portal of the Judiciary of Ukraine. Available at: https://gl.lv.court.gov.ua/sud1304/pres-centr/news/226748/ (in Ukrainian)
Pogrebnyak, S.P. (2001). Collisions in the legislation of Ukraine and ways to over come them. Kharkiv, 201 (in Ukrainian).
Petryshyn, O.V., Pogrebnyak, S.P., Smorodynsky, V.S. & others (2014). Theory of State and Law. Kharkiv: Pravo, 368 (in Ukrainian).
Shevchenko,Ya.O. (2017). The main conflicts and short comings in the legal regulation of agricultural land valuation in Ukraine. Legal Scientific Electronic Journal, 2: 58–60 (in Ukrainian).
On approval of the Procedure for main taining a single data base of valuation reports On approval of the Procedure for main taining a single data base of valuation reports. State Property Fund; Order, Procedure dated 17.05.2018 № 658. Available at: https://zakon.rada.gov.ua/laws/show/z0677-18#top (in Ukrainian).
Electronic office «E-services» of the State Land Cadastre. Available at: https://e.land.gov.ua/back/requests/ (in Ukrainian).
Public cadastral map of Ukraine. Available at: https://map.land.gov.ua/?cc=3516741.12863076,6643509.52274297&z=16&l=kadastr&bl=ortho10k_all (in Ukrainian).
Miroshnichenko, A.M. (2010). Conflicts in the legal regulation of land relations in Ukraine. Kyiv, 270 (in Ukrainian).
Gunko, L. How to over come the redundancy in the land legislation of Ukraine? Available at: https://nubip.edu.ua/node/60939 (in Ukrainian).
On private international law: Law of Ukraine of June 23, 2005 № 2709-IV. Available at: https://zakon.rada.gov.ua/laws/show/2709-15#Text (in Ukrainian).
On approval of the Concept of reforming local self-government and territorial organization of power in Ukraine. Order of the Cabinet of Ministers of Ukraine 01.04.2014 № 333-r. Available at: https://zakon.rada.gov.ua/laws/show/333-2014-%D1%80#Text (in Ukrainian).
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