Improvement of the competitive organizational-economic model of disposal of agricultural land in Ukraine
DOI:
https://doi.org/10.31548/zemleustriy2018.01.010Abstract
Article 134 of the Land Code of Ukraine states that the sale and lease of land plots of state and communal property must take place at land auctions. However, the procedure for conducting them requires improvement and simplification.
The procedure for the sale of land or rights to them on a competitive basis is established by Chapter 21 of the Land Code of Ukraine. However, in Articles 134-139 of the Civil Code, definitions are not fixed, such as "land auction", "land auction", "licitator", "lot", "starting price of lot", "selling price of lot", "participant's card", "information card ","guarantee payment", "a step of public auction", etc. The collisions between the two key concepts cause a number of inappropriateness that may adversely affect the application of land legislation. It would be expedient to define the basic concepts in the Land Code of Ukraine, which would make it impossible to manipulate and use differently in practice.
The next thing I would like to draw attention to is the registration fee payment. Contribution, the size of not more than 50% of the subsistence minimum for able-bodied persons at the date of publication of the announcement of conducting land auctions. In order to solve this problem, it would be advisable to cancel the registration fee payment as a mandatory condition for participation in land trades.
As you can see, too complicated mechanism for the conclusion of a contract, provided by the LCU, a number of inappropriateness, and this is until the recognition of trades such that did not happen, before canceling and canceling them.
It deserves attention to the provisions of the Land Code of Ukraine, which establishes that land tenders are conducted not earlier than 30 days and not later than 90 days after the announcement of the announcement. However, there is a positive practice of applying the norms of the current legislation (the Law of Ukraine "On Mortgage"), where the auction is for two months.
It would be advisable to supplement the content of the announcement of the bidding by the point "registration deadline for bidding", which will make it possible to prevent the deprivation of the right to participate in willing persons who do not have a detailed knowledge of the legally prescribed procedure. It would also be necessary to set a deadline for registration for participation no earlier than one hour before the start of the bidding. In this case, the applicant shall ensure the payment of a guarantee fee for participation in these public tenders no later than one day before the start of their conduct.
The Land Code of Ukraine does not specify sanctions for failure to comply with the conditions and procedure for conducting land auctions. There is no indication of the consequences of not receiving an entrance ticket or information card, etc. This uncertainty may be the cause of challenging bids and contracts based on their results.
The Land Code of Ukraine does not provide for the establishment at the legislative level of the percentage reduction in the initial price for repeated land tenders. It would be desirable to determine the mechanism of formation of the initial price in case of repeated auction in the form of an auction.
The mechanisms of improvement of conducting land auctions in the form of an auction are proposed, which is based on simplification of its organizational principles and reduction of transaction costs of bidder. It is proved that the proposed organizational and economic model of land allocation for agricultural purposes, based on an improved mechanism for holding land auction in the form of an auction, will allow reducing the cost of this procedure to 50% of the subsistence minimum for able-bodied persons at the date of publication of the announcement of conducting land auctions.
References
Belkin, L. M. (2010). Aktual'ni problemy provedennya zemel'nykh torhiv (auktsioniv) [Actual problems of holding land auctions]. Economy of construction and municipal economy, 4, 207–213.
Martyn, A. H. and Kopaihora, B. M. (2015). Porivnyal'nyy analiz systemy upravlinnya sil's'kohospodars'kymy zemlyamy derzhavnoyi vlasnosti u krayinakh YES [Comparative analysis of the system of management of agricultural land of state property in EU countries], Land system, cadastre and land monitoring, 1, 14–19.
Martyn, A. H. (2011). Rehuliuvannia rynku zemel v Ukraini [Regulation of the land market in Ukraine]. Ahrar Media Hrup. 254.
Martyn, A. H. and Kopaihora, B. M. (2014). Upravlinnya zemlyamy sil's'kohospodars'koho pryznachennya derzhavnoyi vlasnosti: vprovadzhennya yevropeys'koho dosvidu [Management of agricultural land of state ownership: introduction of European experience], Balanced nature management, 3, 88–92.
Miroshnichenko, A. M. (2012). Ukladennya dohovoriv na auktsioni: mozhlyvist' usnoyi formy ta vidmovy vid notarial'noho posvidchennya (zokrema, shchodo nerukhomosti), nediysnist', sposoby zakhystu prav uchasnykiv [Conclusion of contracts at auction: the possibility of oral form and the waiver of a notarial certificate (in particular, regarding real estate), nullity, ways of protecting the rights of participants]. Bulletin of the High Council of Justice, 1 (9), 154–164.
Polyshko, N. L. (2011). Osoblyvosti ukladennya dohovoriv na torhakh, auktsionakh, konkursakh [Features of the conclusion of contracts at auctions, auctions, contests]. Juridical science, 4–5, 24–30.
Solovtsova, O. P. (2010). Orhanizatsiya ta provedennya zemel'nykh torhiv v umovakh vidsutnosti litsenzovanykh vykonavtsiv [Organization and conducting of land auctions in the absence of licensed performers], East, 1 (101), 66–68.
Tonopko, S. O. (2004). K voprosu o zemel'nykh torgakh [On the issue of land auctions]. Crimean panorama, 43, 6.
Downloads
Published
Issue
Section
License
Relationship between right holders and users shall be governed by the terms of the license Creative Commons Attribution – non-commercial – Distribution On Same Conditions 4.0 international (CC BY-NC-SA 4.0):https://creativecommons.org/licenses/by-nc-sa/4.0/deed.uk
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
