Journal articles on the topic 'Land use – Law and legislation'
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1
Jarmila, Lazikova, Rumanovska Lubica, Takac Ivan, and Lazikova Zuzana. "Land fragmentation and efforts to prevent it in Slovak legislation." Agricultural Economics (Zemědělská ekonomika) 63, No. 12 (November 30, 2017): 559–68. http://dx.doi.org/10.17221/180/2016-agricecon.
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Agricultural land represents a country’s natural heritage. Therefore, land protection is an issue that is the subject of various legislative measures, also including those that affect land fragmentation. Land fragmentation is a problem that hinders the effective use of land. In 1995, Slovak lawmakers adopted Law 180/1995 Coll., which prevents the fragmentation of land under a minimum size. The aim of this paper was to determine whether Slovak legislation concerning land fragmentation is effective and prevents this phenomenon. We compare the Slovak legislation with the legislations of other countries, and, further, we describe the existing situation with respect to land fragmentation in the individual regions of the country according to the requirements of Slovak legal regulations. The results include proposals for the potential amendment of the legal regulation to ensure the effective prevention of land fragmentation.
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Пышьева, Елена, and Elena Pysheva. "History of Development of Legislation on Reclamation of Lands in Russia." Journal of Russian Law 2, no. 5 (April 16, 2014): 126–34. http://dx.doi.org/10.12737/3469.
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The article highlights the milestones of formation of the Russian legislation in the field of land reclamation. It gives the author’s periodization of the development of reclamation legislation of postrevolutionary Russia, with allocation of her stages. Brief characteristics of each stage is illustrated with the most important legislative acts in the field of public relations. The author uses historical, abstract-logical, formal-legal and comparative-legal methods of scientific knowledge. The article notes that the main achievement of the post-revolutionary legislation is that land reclamation came to be seen not only in the regulation of land use (mainly agricultural land), but also within the legal institution of their protection. Special attention in the article is paid to the adoption of the Federal Law “On Land Reclamation” and its effect. This law laid the legal foundation for the development of the modern reclamation legislation. An analysis of legal acts and scientific literature was allowed to make a conclusion, that reclamation law in Russia for a long period of time was mostly fragmented. However, with the publication of a special Federal Law “On Land Reclamation” this fragmentation of the rules was overcome, but not completely. In addition, since 70s of XX century legal regulation of land reclamation was provided gradually by several branches of legislation (land and water).
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Katrуch, Anastasia. "RESPONSIBILITY FOR VIOLATION OF LAND LEGISLATION." Law Journal of Donbass 76, no. 3 (2021): 45–51. http://dx.doi.org/10.32366/2523-4269-2021-76-3-45-51.
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The article is devoted to the theoretical definition of the concepts of responsibility, legal responsibility, land offense «responsibility» and «legal responsibility for land offenses». It has been established that a land offense is a socially harmful criminal act or omission that contradicts the norms of land law. Land offenses are considered as negative social phenomena, as they encroach on the land system and law and order, aimed at ensuring the rational use and protection of land and protection of persons using land. It is concluded that legal liability is applied for the commission of the relevant offense: disciplinary or administrative misconduct, criminal offense, civil violation in the field of land relations. All the above indicates that a land offense is a guilty, illegal act or omission that contradicts the legal norms of rational use of land resources, impedes the rights and legitimate interests of landowners and land users, violates the state procedure for land management as the national wealth of our country. It is stated that depending on the specific type of objects, land offenses can be divided into two groups: the actual land offenses and land offenses of environmental orientation. It also identifies a number of important functions that are implemented during prosecution for violations of land legislation. These questions will be relevant for further research. A land offense is a socially harmful criminal act or omission that contradicts the norms of land law. Land offenses are considered as negative social phenomena, as they encroach on the land system and law and order, aimed at ensuring the rational use and protection of land and protection of persons who use land. Also, depending on the specific type of objects, land offenses can be divided into two groups: the actual land offenses and land offenses of environmental orientation. Offenses of the first group violate the requirements of rational use and protection of land, legal rights and interests of landowners and land users, including tenants. These include: noncompliance with the requirements for the use of land for its intended purpose; unauthorized occupation of land plots; destruction of boundary markers; evasion of state registration of land plots and submission of unreliable information about them and some others.
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Karapysh, B. V. "Property lease in the land legislation of Ukraine." Uzhhorod National University Herald. Series: Law 2, no. 82 (May 23, 2024): 86–91. http://dx.doi.org/10.24144/2307-3322.2024.82.2.12.
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The article highlights the concept and legal nature of property lease as an independent legal construct and source determinant of legal relations in the field of land use. The conceptual aspects of property leasing are considered through the prism of the civil legislation of Ukraine (Civil Code of Ukraine, Chapter 58, § 1). An analysis of judicial practice was carried out regarding the specifics of the tenant’s use of the objects (subjects) of the lease agreement – the actual leased property (Decision of the State Administrative Court of Ukraine No. 46/389 dated February 8, 2010). The theoretical appropriation of the definition and doctrinal interpretation of the concept of “property lease” in land-law and civil-law scientific theories in Ukraine is analyzed. The grounds for changing, terminating the employment (lease) contract are specified, including – regarding the use of the land plot. An individual legal interpretation (characteristic) of the employment (lease) contract was carried out according to the general (civil law) and special (land law) legislative doctrine of Ukraine through the prism of the analysis of the provisions of the Civil Code of Ukraine, as well as – the Land Code of Ukraine, the Law of Ukraine “On Lease” land” No. 161-XIV and the “economic and property” Law of Ukraine “On Lease of State and Communal Property” No. 157-IX). The practical-applied problems of land lease (hire) relationships have been defined in proportion to the provisions of the legislation of Ukraine. Attention is focused on the conflictual features of the provisions of the land legislation of Ukraine and the civil legislation of Ukraine regarding the regulation of land use relations. Characteristic features of the contract for hiring (leasing) a land plot are defined, such as its bilateral, payment, mutually binding nature, etc. The set of rights and responsibilities of the lessee and the lessor, which are defined in the Law of Ukraine “On Land Lease” 2704-VIII and the Land Code of Ukraine, respectively, is defined. Standardization of the term of the lease agreement (lease) of land plots under the legislation of Ukraine in the process of land use has been carried out. The special features of the term of the contract of employment (lease) of the land plot as one of its essential conditions have been studied.
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Mykhalova, Mariia. "INNOVATIONS REGARDING STATE REGISTRATION OF LAND USE RESTRICTIONS IN THE STATE LAND CADASTRE." Urban development and spatial planning, no. 79 (April 11, 2022): 249–57. http://dx.doi.org/10.32347/2076-815x.2022.79.249-257.
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The article considers innovations in the state registration of land use restrictions in the state land cadastre. In order to establish the optimal regime of land use, the law defines land use restrictions, which are designed in a comprehensive plan of spatial development of the territorial community, master plan of the settlement, detailed plan of the territory and subject to state registration in the State Land Cadastre. The sequence of state registration of land use restrictions is considered. This article considers only the rules on state registration of restrictions on land use, which came into force in 2021. Particular emphasis is placed on changes in the legislation on registration of restrictions on land use, namely: types of land use restrictions subject to state registration and the grounds on which the State Land Cadastre enters information (changes to them) on restrictions. At the legislative level, both land and urban planning legislation defines all types of restrictions, including restrictions defined by sectoral norms on land management, land protection, etc.
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Lipski, S. A. "On the Consolidation in the Legislation of the Concept of Rational Use of Land." Russian Journal of Legal Studies 5, no. 3 (September 15, 2018): 151–55. http://dx.doi.org/10.17816/rjls18398.
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The article discusses how the definition of rational use of land is disclosed in the legislation, as well as how it corresponds to the more applicable at the moment the concept of improper use of land. This definition is important for land legislation and it was widely used in the Soviet period. But unambiguous def inition and at that time there was no.Conceptual-legally and comparative-legal methods are applied.Thus it is stated that as a result of changes of the land legislation of the last years the definitions in this area became worse that is fraught with negative consequences in law enforcement. In particular, gross violation of the rules of rational use of land plot entails a sanction in the form of the possibility of seizure of land plot from its owner. The author for the first time analyzes these issues in conditions of exclusion in 2016 from legislation the majority of the norms with mention of improper use of land. The author of article suggests either to return in the Land code the corresponding definition, or (which is better) to disclose the concept of rationality in the Federal Law «About Land Use Planning». According to this law, the maintenance of land use planning includes activities for the study of land, planning and organization of rational use of land and their protection. Therefore, the essence of rational and improper use of land must be defined in this Federal Law. Since its adoption in 2001, the Federal Law «About Land Use Planning» has acquired a reduced form. So geodetic and cartographic works, territorial land management is no longer in it. Land plots, zones with special conditions of use of territories and territorial zones already are no its objects. Therefore, a new version of this law is necessary.
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Katusiime, Juliet, and Brigitta Schütt. "Towards Legislation Responsive to Integrated Watershed Management Approaches and Land Tenure." Sustainability 15, no. 3 (January 25, 2023): 2221. http://dx.doi.org/10.3390/su15032221.
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Land tenure affects integrated watershed management approaches in various ways, such as influencing land use and investment in sustainability practices and decisions. However, some land tenure and integrated watershed management relations need more examination, including how the prevailing relevant legislation responds and the needed course of action. In this paper, we provide relevant evidence to support a shift to responsive actions and legislation through (a) examining land tenure scenarios affecting integrated watershed management, including the public–private land tenure co-existence from a watershed perspective; (b) the responsiveness of the prevailing relevant legislation to integrated watershed management and the land tenure scenarios and (c) identifying legislative remedies recommendable for responsiveness. We use qualitative methods to review secondary data sources, including four legislations, and complement them with field survey data. Field experiences are from three sub-catchments in the Lake Victoria basin, each representing a different land tenure system, as case studies. Land tenure links with integrated watershed management in various ways, such as influencing land use decisions. However, underscoring the relationship from the private and public land tenure perspective also indicates a complex and tense spatial relationship. As such, it likely limits adopting sustainable land use and management practices in watersheds as a case. Regardless, the perceptions from the study area indicate the land tenure systems and forms enabling sustainable choices and decisions, despite limitations such as tenure insecurity. The disconnect between integrated watershed management aspirations of ensuring sustainability, the land tenure abilities and the subsequent human practices is mainly institutional, with the relevant legislation indicating a low to moderate level of responsiveness to integrated watershed management approaches and land tenure, thus, abating effectiveness. Therefore, we suggest a shift towards responsive programming and legislation and the adoption of model legislation to support responsiveness replication. We also recommend further studies to assess the legal gaps and feasibility thereof.
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Hreshchuk, H. "Development of the regulatory framework for legal support of land organization." Uzhhorod National University Herald. Series: Law, no. 68 (March 24, 2022): 104–9. http://dx.doi.org/10.24144/2307-3322.2021.68.17.
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Nowadays, the legislative base of Ukraine is far from being perfect and needs improvement by introducing amendments to the current legislative acts and adoption of new ones. In the complicated social and political conditions, and considering a great variety of ideas concerning land relations reforming, such legislation cannot be created within a short time. Therefore, it is necessary to conduct a sufficient work on improvement of the current norms of land legislation and to adopt the corresponding bill drafts, hereafter described.
The main legislative acts of the legal regulation of land organization include the Constitution of Ukraine, the Land Code of Ukraine, the Code of Ukraine on Bowels, the Forest Code of Ukraine, the Water Code of Ukraine, the Laws of Ukraine «On Land Organization», «On Topographic-Geodesic, and Cartographic Activities», «On the Procedure of Allocation of Land Plots in kind (in Places) to the Owners of Land Plots (Shares) (Portions (Pay)), «On Land Protection», «On Environmental Protection», «On Delimitation of Lands of State and Communal Property»,
«On the State Land Cadaster», «On the State Control for Land Use and Protection», «On Pesticides and Agrochemicals», «On Standardization», etc.
To run the appropriate legal regulation of land organization, it is necessary to introduce some changes to such legislative acts as the Law of Ukraine «On Land Protection», the Law of Ukraine «On Land Lease», as well as to adopt such projects as the Law of Ukraine «On Land Zoning», the Law of Ukraine «On the State Inventory of Lands», the Law of Ukraine «On Land Monitoring», the Law of Ukraine «On the State Agrochemical Certification of Agricultural Lands’.
It is reasonable to establish a State Service of Soil Protection, i.e. a governmental body of state administration. To provide for the appropriate performance of the mentioned service, it is expedient to introduce changes to the Land Code of Ukraine, the Laws of Ukraine «On Land Protection», «On the State Control for Land Use and Protection», «On Land Valuation».
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Korsun-Tsurkan, Olesia. "Forestry lands as an object of law enforcement." Law and innovations 46, no. 2 (2024): 112–18. http://dx.doi.org/10.37772/2518-1718-2024-2(46)-17.
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Problem setting. The relevance of the topic is stipulated by the need to study the current issues of law enforcement practice which are being formed in connection with the novelisation of legislation regulating relations regarding the use, protection and restoration of forestry land. It is well known that decisions of higher courts play an important role in ensuring the unity of law enforcement practice and strengthening the rule of law in the field of land relations. They contain legal positions on the application of national land legislation and are in fact the sources of land law. Analysis of recent researches and publications. Legal regulation in the field of use, protection and restoration of forestry lands, as well as ensuring the protection of the rights of the State, territorial communities, individuals and legal entities, has been studied by representatives of the national land law science, including: P.F. Kulinich, A.M. Miroshnychenko, T.V. Lisova, V.I. Gordeev, S.V. Sharapova, M.V. Shulga, V.I. Fedorovych, etc. Purpose of the research is to provide a legal analysis of the Supreme Court’s decisions in terms of protection of land rights of the State, territorial communities, individuals and legal entities from the perspective of land law science, and also to provide practical suggestions for optimal, expedient and scientifically sound improvement of current land legislation. Article’s main body. The author focuses on the legislative aspects related to the procedure for changing the designated purpose of forestry land plots and other forested areas, which should ensure the preservation of not only land but also forests; simplification of the forestry procedure; prohibition of forestry in the steppe areas, introduction of mechanisms for preserving self-sown forests with further forestry in the respective territories, etc. Based on a systematic analysis of the legislative provisions defining the legal regime of forestry land, the author concludes that the territorial bodies of the StateGeoCadastre of Ukraine have the right to dispose of state-owned agricultural land only on behalf of the State; the withdrawal of state-owned forestry land for non-forestry purposes was within the exclusive powers of the Cabinet of Ministers of Ukraine (Article 149 of the Land Code of Ukraine in the version in force until 27 May 2021). In addition, such withdrawal required the consent of the relevant land users. The author emphasises that public interest is inherent in land legal relations related to the withdrawal of forestry land from state ownership by a court decision. At the same time, the unlawfulness of the decision of the authorised executive body on the basis of which the forestry land plot was withdrawn from state ownership did not meet this public interest. Therefore, the reclamation of the disputed forestry land plots by court decision was carried out on legal grounds, as it was carried out in accordance with legal principles in connection with the violation by the state authority of a number of requirements of the Land Code of Ukraine. It is emphasised that the return of forestry land plots to state ownership, if they were illegally alienated to individuals by an executive body, pursues the goal of controlling the use and protection of land plots in accordance with the public interest. From the perspective of proper application of land law, special attention is paid to the Supreme Court’s ruling on invalidation of orders of the authorised body and return of land plots. The ruling is motivated by the fact that in cancelling the decision of the court of first instance and dismissing the claim, the Court of Appeal reasonably concluded that the disputed land plot was located outside the forestry land. Taking into account the content of the ‘Final Provisions’ of the Forest Code of Ukraine, which stipulates that prior to state registration, but not later than 1 January 2027, state and municipal enterprises shall confirm their right to permanent use of land plots granted to them for permanent use before the entry into force of the Land Code of Ukraine, such right shall be confirmed by planning and cartographic materials, which, in particular, include a forest management plan. Conclusions and prospects for the development. The legal position of the Supreme Court suggests that the legal regime of forestry land plots is determined by the norms of land and forestry legislation in accordance with their designated purpose according to the State Land Cadastre. The right of forestry enterprises is confirmed by state acts for the right of permanent use of forest land or planning and cartographic materials of forest management. The study and analysis of court practice of application of land legislation by courts in the process of resolving land disputes arising from forestry land demonstrates the importance of correct interpretation of these norms by law enforcement agencies, including courts.
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Danilik, Daria. "Current issues of acquisition of land rights users of nadrs." Law and innovations 46, no. 2 (2024): 62–67. http://dx.doi.org/10.37772/2518-1718-2024-2(46)-9.
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Problem setting. Modern land reform in Ukraine is characterized by a number of positive changes in land legislation. With the entry into force of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding the Terms of Sale of Agricultural Lands” the market of agricultural lands, which until that moment was under a moratorium, was introduced. As of July 1, 2021, Art. 130-1 of the Land Code of Ukraine, which regulates the preferential right to purchase an agricultural plot of land. In this connection, legislative novelties, which concern the circle of subjects with the preferential right to purchase agricultural land, are of great importance. Analysis of recent researches and publications. The legal regulation of relations in the area of exercise of the pre-emptive right to purchase agricultural land by entities in the national land law literature has been studied by representatives of the land law doctrine, among whom we should mention P.F. Kulynich, T. O. Kovalenko, O, C. Baksheiev, S. L. Goshtinar, O.M. Batygina, M.V. Shulga, and others. However, the peculiarities of exercising the preemptive right to purchase an agricultural land plot by a first priority entity a person holding a special permit for the extraction of minerals of national importance have not been disclosed. Purpose of the research is to analyze the theoretical and practical issues related to the exercise of the first priority right to purchase agricultural land by the first movers and to highlight the specifics of such a right. Article’s main body. This article is devoted to highlighting the theoretical and practical problems associated with the subjects’ realization of the preemptive right to purchase a plot of agricultural land, and the search and justification of possible ways to solve them, based on the fundamental principles of land law. The peculiarities of the realization of the preferential right to purchase an agricultural plot of land by a subject of the first order a person who has a special permit for the extraction of minerals of national significance have been investigated and disclosed. After all, at the current stage of reforming land and subsoil relations, the relevant legislation is being improved with the aim of simplifying the mechanism of obtaining subsoil for use and the necessary lands for its implementation. The adopted Law of Ukraine dated December 1, 2022 No. 2805-IX “On Amendments to Certain Legislative Acts of Ukraine on Improving Legislation in the Field of Subsoil Use” is designed to provide Ukraine with a sufficient amount of raw materials. This Law introduces a simplified procedure for obtaining subsoil for use, which will allow the industry to work and provide the country’s needs with its own mineral extraction. However, according to the current land legislation and the legislation on subsoil, the acquisition of subsoil use rights is not accompanied by the emergence of the right to the necessary land plot, which further complicates the realization of the right to use subsoil. In the process of researching current issues related to the specified topic, the need to improve the relevant legal prescriptions is emphasized, which in today’s conditions should ensure the clarity and transparency of the conditions of access by interested subjects to the subsoil and the necessary land plots. Conclusions and prospects for the development. Thus, the realization of the preferential right to purchase an agricultural plot of land by subjects of the first tier and their further use of the specified lands deserves special attention. The outlined problems related to the subjects’ realization of the preemptive right to purchase an agricultural plot of land require a legislative solution. The question remains open regarding the fulfillment by subjects of the first tier of the preferential right to purchase a land plot for agricultural use of the obligation of the owners of land plots to ensure their use for their intended purpose (Article 91 of the Law of Ukraine). It is also desirable at the legislative level to establish a clear priority and sequence of subjects with a preferential right to purchase an agricultural plot of land.
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Eyrian, G. N. "PUBLIC AND PRIVATE INTERESTS IN REGULATION OF LAND USE." Вестник Пермского университета. Юридические науки, no. 54 (2021): 699–721. http://dx.doi.org/10.17072/1995-4190-2021-54-699-721.
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Introduction: the article analyzes the evolution of Russian legislation on the use of land plots in the post-Soviet period from the perspective of public and private interests as reflected therein. Purpose: to analyze the development of the legislation of the Russian Federation on the use of land plots, with a focus on relations regarding the economic exploitation of the land plot as a natural resource; to assess current legislation from the perspective of the balance of public and private interests. Methods: methods of formal logic, historical, comparative legal and system-structural methods. Results: the development of legislation on the use of land plots in the Russian Federation has been inconsistent. At the first stage, before the adoption of the Constitution of the Russian Federation, the public interest acted as the limit of the exercise of ownership of land and other natural resources. The Constitution of the Russian Federation does not directly establish the social function of ownership of land and other natural resources. The provisions of the Constitution imply the potential opportunity for the development of various concepts of ownership in land law. Currently, the Land Code of the Russian Federation reflects the social function of ownership, which follows from a number of basic principles of land legislation. The legislator subordinated the regulation of relations on the use of land plots to public interests and, at the same time, liberalized the rights and obligations of the owners of land plots in contrast to the Land Code of the RSFSR of 1991. From our point of view, this circumstance demonstrates the legislator's desire to harmonize land and civil legislation in the regulation of land use.
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Kim, Min-Bae. "Enactment and Issues of Japan's Important Land Survey Regulation Act." Korean Public Land Law Association 99 (August 30, 2022): 1–31. http://dx.doi.org/10.30933/kpllr.2022.99.1.
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On the basis of national security and territorial integrity, can the state regulate the use of land and buildings around important defense facilities or on border islands? In response, on June 16, 2021, Japan promulgated ‘Important Land Survey Regulation Act.’ In enacting the Important Land Survey Regulation Act, the Japanese government suggested land acquisition in a specific area by foreign capital as a basis for legislation. Due to the cases of land acquisition in a water source, defense facilities, or border islands, anxiety among Japanese residents and the people is growing.
As a background of legislation, the Important Land Survey Regulation Act refers to ‘concerned’ foreign capital and state. It is primarily considering Korea and China as regulatory targets. The Important Land Survey Regulation Act is a regulation law based on the maintenance of the base of national life, maritime sovereignty, and national security. In the future, I think the Important Land Survey Regulation Act will have a direct or indirect effect on Korea.
From a national security perspective, laws that regulate direct investment in corporate purchases also exist in the United States and Japan. However, regulations on real estate transactions have recently been introduced from the perspective of national security. In the United States, the Foreign Investment Risk Review Modernization Act (FIRRMA) enacted in August 2018 is a representative law. Real estate transactions are being conducted as a subject of review by the US Foreign Investment Committee (CFIUS). From a national security perspective, Japan is reviewing the case of the United States, which regulates the sale of real estate. However, problems with the bill were pointed out in the process of enacting the Important Land Survey Regulation Act. The issue of unconstitutionality of the Important Land Survey Regulation Act was also raised.
In this study, I reviewed the issues and the contents of the law in the legislative process of the Japanese National Assembly : the purpose of legislation and the existence of legislative facts, the subject of regulation and delegation of legislation, forest and water sources, enforcement decree and delegation legislation, resident movement regulation, designation of special zones, and pre-reporting system, etc. The following matters were reviewed on the issue of unconstitutionality inherent in the Important Land Survey Regulation Act : legislative purposes and the absence of legislative facts, violation of the principles of parliamentary legislation, principle of criminal justice, recommendations and orders and criminal penalties, land use investigation and personal information, privacy rights, freedom of thought and conscience, self-denial rights, property rights and compensation systems, etc.
The Important Land Survey Regulation Act, like FIRRMA in the United States, is based on national security, Japan primarily aims to protect Japan’s Self-Defense Forces facilities and U.S. military facilities. To this end, ownership and use, and transactions of land and buildings in a specific area are regulated. Second, however, it is a law to prepare for border disputes or maritime disputes between Japan and China, Japan and Russia, Korea and Japan. From the perspective of borders, territories, and maritime sovereignty, the Republic of Korea needs to establish new border protection measures for uninhabited islands and islands.
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Krasutski, G. "ENTITLEMENT TO USE OF SUBJECTS OF GENERAL LAND RIGHTS GRANTED FOR THE CONSTRUCTION AND MAINTENANCE OF RESIDENTIAL BUILDINGS: SOME PROBLEMS OF REALIZATION." Vestnik of Polotsk State University. Part D. Economic and legal sciences, no. 13 (December 1, 2021): 118–22. http://dx.doi.org/10.52928/2070-1632-2021-58-13-118-122.
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The right to use land is integral to ensuring its efficient use. The consistency, complexity and stability of legal regulation of the relevant public relations are designed to ensure the protection of the rights of land users. The article analyzes the scientific approaches, legislation and its practical applications on certain problematic issues of the implementation of the right to use land plots under common law. The author made proposals that can be used to improve legislation on the protection and use of land. Appropriate changes and additions will help to reduce the total number of land disputes, their prompt and reasonable resolution, as well as protect the rights of land users in the exercise of their rights to use land on common law, including from encroachments by other participants in this right.
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Nadtochii, Igor' Olegovich, and Vera Nikolaevna Plesnyakova. "Implementation of the principle of payment of land-use on the example of land tax: possibilities and issues." Налоги и налогообложение, no. 5 (May 2021): 1–9. http://dx.doi.org/10.7256/2454-065x.2021.5.36881.
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This article examines the relevant problems of land law – one of the most dynamically developing branches of law in the Russian Federation, and one of the first to undergo changes in the context of modernization of vectors of state legal policy. Analysis is conducted on the fundamental importance of the principle of payment of land-use on the example of land tax. The author explores the problems of the object of land tax and tax base, calculation of cadastral value. The conclusion is made that the chosen path of development of the land tax is unfeasible, thereby requiring an alternative solution. According to the legislation of the Russian Federation, land is one of the key economic goods. The Russian legislator gives close attention to the commerce in land of various purpose. Land tax is the equivalent of rental charge. Such similarity is interchangeable in judicial practice. There are a number of issues in land tax regulation. The constituent entities of the Russian Federation are currently limited to establishing the exhaustive list of local taxes. The organizations and private entities are not recognized as taxpayers individuals with regards to land plots in uncompensated limited use or under a lease agreement. The post-Soviet states attribute land plots with ownership right as an object of taxation. The legislative and law enforcement practice on land tax in the Russian Federation indicates a close connection between land and civil legislation. For the purpose of replenishment of budgets, the Russian Federation took the path of increasing the tax burden. It is necessary to find the new ways for implementing the principle of payment of land-use in form of land tax, which would effectively address the problems of local financing.
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Dorosh, Y., O. Dorosh, B. Avramchuk, A. Barvinskyi, and V. Demchuk. "Particular issues of analysis of collisions of the current land legislation." Zemleustrìj, kadastr ì monìtorìng zemelʹ, no. 3 (August 28, 2021): 3. http://dx.doi.org/10.31548/zemleustriy2021.03.03.
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The article analyzes the main legal conflicts that arose as a result of the adoption of changes to the land legislation of Ukraine during 2020-2021. It was found that the transfer of land for use requires a permit for the development of technical documentation on land management to establish (restore) the boundaries of land in kind (on the ground). At the same time, there is another conflict - the specified technical documentation performs the same function as the land management project for the allocation of land for use. As a result of the analysis of amendments to the Law of Ukraine "On Land Management", it is established that the wording of the text of the article in terms of the basis of work has two interpretations, the first of which concerns privately owned land, and the second - state and municipal land in use. In addition, it was found that in the latest versions of regulations, the terms "owner" and "owner (manager)" meet next to each other, which allows us to state that the authors of the regulation aimed to separate the disposal of private land from one on the one hand and state and communal - on the other. Key words: legislative acts, land plots, land management, division (association) of land plots, privatization of land plots.
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GKALETNIK, Grygorii, and Taisa TOMLYAK. "CURRENT PROBLEMS OF LAND RELATIONS IN THE CONDITIONS OF MARTIAL LAW AND WAYS TO SOLVE THEM." "EСONOMY. FINANСES. MANAGEMENT: Topical issues of science and practical activity", no. 2(60) (August 30, 2022): 79–97. http://dx.doi.org/10.37128/2411-4413-2022-2-6.
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The article examines the organization of land relations in conditions of martial law. The authors analyze the current land legislation adopted by the Parliament of Ukraine under martial law, give proposals for amendments to the Land Code of Ukraine and the Law of Ukraine «On Land Lease» to improve the mechanism of renewal of land lease in conditions of martial law, aimed to protect the rights of tenants and landlord, reducing the amount of payment for land of all forms of ownership and rent for land of state and communal ownership for the period of martial law. The article also states that the authors’ proposed changes to the current land and tax legislation will provide the greatest possibility of agricultural land cultivation in wartime conditions, which will contribute to the intensive production of agricultural products. The authors investigated that some legislative changes in land legislation adopted after February 24, 2022 need to be improved and changed, as they create legal uncertainty and multiple interpretations of legal norms. For example, the authors substantiate that public authorities and local governments cannot be the subject of the right of permanent use of state and communal land, as they are the administrators of such land. The article concludes that the functioning of the State Register of Real Property Rights and the State Land Cadaster depends on the implementation of land relations, both individuals and legal entities of private law and public authorities and local governments. The authors also found that in fact the legislator gave the right to permanent users to dispose of land plots of state and communal ownership, which directly contradicts Part 1 of Article 92 of the Land Code of Ukraine. The important point is the forecast of lack of the local budgets of the rent for land in those territories where hostilities are (were) taking place, as well as the author's conclusion on the need to reduce the rent for land for the period of martial law throughout the whole territory of the state.
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Nazar, Roman. "Legal aspects of planning the territories of artificially created land plots." Law and innovations 46, no. 2 (2024): 87–93. http://dx.doi.org/10.37772/2518-1718-2024-2(46)-13.
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Problem setting. In the modern world, society’s requests for free territories are becoming more and more relevant. The issue of creating and developing areas on existing land plots or natural objects suitable for placing new buildings or improvement objects remains open. The search for scientifically based author’s approaches to solving the tasks of building an optimal legislative model of legal regulation of artificially created spatial planning objects in the proposed research publication is crowned with conclusions about the need for optimal regulatory consolidation of a clear and transparent procedure for the creation, permitted methods of use, legal regimes and protection of artificially created land plot (territory). Analysis of recent researches and publications. The issue of formation of artificially created land plots remains practically unregulated in the national legislation and is poorly studied in land law and urban planning science. Some aspects of this problem were covered in their scientific works by Ihnatenko I. V., Miroshnychenko A. M., Naida D. I., Nastina O. I., Ripenko A. I., Fedchyshyn D. V., Shulga M. V. and others. Against the background of the need to develop the land sector and adapt Ukrainian legislation to EU legislation, the issue of introducing territory planning for artificially created land plots and taking into account the established world practice is quite relevant. Purpose of the research is to study the peculiarities of legal relations arising in the course of creation of artificial land plots. Article’s main body. In modern conditions, the legal regulation of the creation and use of artificially created land plots (territories) is a chaotic, unsystematic, little-researched direction in Ukrainian legal science, and the proposed study solves the raised theoretical and practical problems. In the article, the author offers his own scientifically based solution to the problems of the lack of a legislative framework and proper legal regulation of this problem. The article is devoted to the legal aspects of planning, creation and use of artificially created land plots in Ukraine. The author compares the state of distribution and use of artificially created lands in foreign countries and in Ukraine, examples of the effective creation of artificial land massifs to meet the needs of new territories for urban development in European and Asian countries are given. Peculiarities of legal regulation of the process of planning, creation and use of artificially created land plots for development in international acts and domestic legislation are considered. The peculiarities of the concepts of “artificial island”, “buildings”, “structures”, “platforms” in international law are analyzed. The article analyzes current legal acts in the field of land relations and urban planning, considers scientific views on the legal regime of the regime of artificially created land parcels, summarizes scientific conclusions regarding legal terminology and legal constructions, formulates proposals for improving the legal regulation of social relations related to creation and use of artificially created spatial objects. Conclusions and prospects for the development. The absence of a definition of the term “artificially created land plot” in domestic legislation was revealed, and the author proposed filling this gap in the legislation and, as a result, proper legal regulation in this area of public relations. According to the results of the generalization of the current Ukrainian legislation, scientific views on the legal nature of artificially created spatial objects, the key stages of their creation and legalization are highlighted. The issue of creating artificial plots of land on a floodplain in the city as an activity related to the development of the settlement was analyzed, and scientific views were confirmed regarding the need to make complex changes to various legislative acts, in particular, to the Land Code of Ukraine, the Law of Ukraine “On Regulation of Urban Development” and the Law of Ukraine “About land management” regarding the legal regulation of creation, permitted methods of use, legal regimes, protection of artificially created land plots. The following should also be developed and adopted: 1) during the design and construction of floodplain areas suitable for life and activity human, ecological standards of impact: on the bottom and water area of a water body; on the land plot of the coastal protective strip and water protection zone; 2) standards of urban planning and quality standards of the territory suitable for human life and activity.
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POPOV, Andriy, Serhii MOVCHAN, Serhii KOLOMIIETS, and Ivan LEZHENKIN. "FORMATION OF AGRICULTURAL LAND LAYOUT AS AN ALTERNATIVE OF LAND CONSOLIDATION." Ekonomichna ta Sotsialna Geografiya, no. 84 (2020): 42–54. http://dx.doi.org/10.17721/2413-7154/2020.84.42-54.
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The lack of a national strategy (program) for land consolidation, which would be integrated into the country’s land policy, led to the adoption in 2018 of the Law of Ukraine № 2498-VIII “On Amendments to Certain Legislative Acts of Ukraine in Respect of the Issue of Collective Ownership of Land, Improvement of Agricultural Land Use Rules, Prevention of Raidership and Stimulation of Irrigation in Ukraine”. This law is designed to solve the existing problems of land use concerning the rational use of land parcels. However, the principles declared by the relevant law have not gained practical application to this day. The purpose of the article is to analyse the procedure for the formation of the agricultural land layout to ensure the rational use of land through the exchange of rights of use as an alternative to land consolidation. A detailed analysis of the Law № 2498-VIII allowed to develop an algorithm for the formation of the agricultural land layout with the purpose to exchange of land parcels and their rights of use. This has allowed approaching the solution of the set problem in a more structured and comprehensive way. It has been established that the permitted exchange of land parcels and rights of use within the agricultural land layout is not a land consolidation either in the classical or in any other sense. An analysis of the legal provisions of Law № 2498-VIII has revealed their inconsistency with the “Voluntary Guidelines on Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security” and best international practice on land consolidation. The existing obstacles to the implementation of the legislation on improving the rules of land use in the agricultural land layout have been found out. Three key causes of their occurrence (technical, legal and organizational) have been identified.
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Laurent Mussa, Laurean. "Legal Implications of Protection of Informal Settlements on Urban Land use Planning in Tanzania." Eastern Africa Law Review 47, no. 1 (June 30, 2020): 68–94. http://dx.doi.org/10.56279/ealr.v47i1.3.
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Urban land use planning legislation prohibits the setting up of residential houses in any planning area without authorization. Despite this prohibition, most urban areas in Tanzania face the problem of informal settlements; and these are protected by legislation. The Land Act, for example, provides for upgrading of such settlements through issuance of residential licences and regularization. In this paper, it is argued that protecting informal settlements is an obstacle to planning institutions towards achieving planned urban areas as the upgrading schemes address the problem partially. It is recommended that during upgrading schemes, the law should be strictly complied with; and in the event some settlements fall short of the standards, they should be compulsorily acquired so that their re-development is in accordance with the law. The Government should ensure that surveyed and serviced land for residential purposes is timely available; and the law should prohibit development of informal settlements. Key words: Informal Settlements, Regularization, Residential Licences, Urban Land Use Planning
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Luqyana, Dina, and Azhari Yahya. "LEGAL CERTAINTY OF LAND TITLE IN FACILITATING FOREIGN DIRECT INVESTMENT IN ACEH PROVINCE, INDONESIA." Student Journal of International Law 1, no. 1 (September 10, 2021): 48–55. http://dx.doi.org/10.24815/sjil.v1i1.18076.
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Law Number 25 Year 2007 on Capital Investment facilitates services and/or licensing of Land Rights to Use for investment. Article 22(a) stipulated that land Rights to Use (HGB) can be granted up to 95 years for land cultivation rights, up to 160 years for building use rights, and up to 140 years for land Rights to Use. However, land Rights to Use regulated in Qanun Number 14 Year 2017 on Aceh's Assets Management is only five years subject to certain conditions and requirements for extension. It is clear that there two legislations available in Aceh in terms of facilitating land license for investment. Therefore, a research question raised is which law is applied by the Government of Aceh to speed the process of land license for the investor? This study uses normative legal research by relying on primary and secondary legal resources. Primary legal resources were collected by analyzing related legislations, while secondary legal resources were obtained by reviewing associated literature. The result shows that in facilitating land license for investors in Aceh, the Government of Aceh applies Qanun Number 14 Year 2017 on Aceh's Assets Management instead of Law Number 25 Year 2007 on Capital Investment. This Qanun stipulated that land license for investors is given for five years with specific requirements for extension. This short period for a land license causes legal uncertainty for investors and decreases their motivation to invest in Aceh Province. It is suggested that this Qanun should be amended to be in line with national legislation, namely law Number 25 Year 2007 that provides a longer period of land license for investors. Keywords: Legal certainty; Land license; Foreign Direct Investment.
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Wahanisa, Rofi, Suhadi Suhadi, and Aprila Niravita. "COMPENSATION SYSTEM OF WAQF LAND ACQUIRED FOR DEVELOPING PUBLIC INTEREST." Diponegoro Law Review 7, no. 1 (April 28, 2022): 70–87. http://dx.doi.org/10.14710/dilrev.7.1.2022.70-87.
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A number of activities related to land acquisition for public interest use waqf. The principle of waqf is derived from Islamic Law in which wakif (the owner) donates waqf (in the form of land) to nazhir (the manager of the edified property) for worship purposes. The problems in this paper consist of whether there is a system regarding waqf land acquired for public interest, and how compensation and supervision are given regarding waqf land acquired for developing public interest. Using normative legal research with legislation and conceptual approach, this paper argues that acquisition of waqf land is regulated in Law No. 2/2012 on Land Acquisition for Developing Public Interest and Law No. 41/2004 on Waqf. it is regulated that compensation will be given to nazhir for waqf land acquired. It also regulates that the status of waqf land can be changed into non-waqf one for public interest through exchange mechanism. In order to provide legal certainty over waqf land acquired for public interest, legislation on land acquisition needs to be harmonized with legislation on waqf.
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Jankava, Anda, Maija Berzina, and Krista Dobuma. "Land use planning as tool for sustainable development." Baltic Surveying 13 (November 16, 2020): 22–29. http://dx.doi.org/10.22616/j.balticsurveying.2020.vol13.003.
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The purpose of the article is to evaluate role of land use planning project (hereinafter - LUPP) specified in the legislation of Latvia in sustainable development of territory. In Land Use Planning Law adopted in 2006, LUPP is project for arrangement of territory and measures of improvement of land use conditions, for part of an administrative territory of local government, separate immovable property or land parcel, which is developed for exchange of land parcels or elimination of inter-areas, for reorganisation of land parcel boundaries, as well as for subdivision of land parcels. In Latvia for sustainable development of the territory, legislative acts of spatial development planning system have been adopted at several levels, from which for detailed arrangement of territory detailed plan should be developed. The detailed plan often includes reorganisation of land parcel boundaries, but legislation determines that detailed plan should be developed in territories specified in spatial plan, mainly before commencing new construction. The LUPP is not planning instrument for territory development and may be developed in territories in which regulatory framework do not provide development of detailed plan. However, in local governments it is relatively common that for areas intended, for example, for individual building, for subdivision of land parcels, LUPP rather than detailed plan has been choosen to develop. In order to clarify these concerns, the study carried out survey of specialists of local governments and the article summarises analysis of results about development of LUPP in relevant local governments, as well as, on the basis of relevant regulatory enactments, compared the objectives and conditions for development of LUPP and detailed plan.
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Golyakova, Yulia. "Unified land use in the modern system of state cadastral registration." E3S Web of Conferences 110 (2019): 02110. http://dx.doi.org/10.1051/e3sconf/201911002110.
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Abstract. This paper discusses the features of such a unique land plot type as the unified land use. This type of a land plot appeared by virtue of the Russian Federal Law No. 28-FZ “On the State Land Cadastre” dated January 2, 2000. However, the current land legislation does not contain such a term. Currently, the unified land use cannot be formed, but previously registered land still exists in the state cadastre. In addition to a number of features in the land register procedure, the unified land use has no restrictions and freely participates in civilian circulation. Land plots that are the unified land use may be subject to all types of transformation specified in 11.9 of the Land Code of the Russian Federation, with the transformation into two types: the so-called ordinary plot and multi-contour land plot. It should also be noted that there is no term of multi-contour land plot in the land legislation. Some authors draw an analogy between the unified land use and a multi-contour land plot. However, there are a number of differences.
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Kistenkas, F. H. "Rethinking European Nature Conservation Legislation: Towards Sustainable Development." Journal for European Environmental & Planning Law 10, no. 1 (2013): 72–84. http://dx.doi.org/10.1163/18760104-01001005.
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European nature conservation law with its habitats assessment as demanded by Article 6 of the 1992 Habitats Directive is recently being regarded as rigid, rather static and not fully updated with modern sustainability and climate change demands. As a consequence nature conservation law is said to be not always capable to facilitate sustainable development. A balancing of both ecology and socio-economic interests rather than a singular ecological criteria assessment might give way to sustainable combinations of land use in or nearby nature reserves. While previous authors call for updating and restructuring the Habitats Directive, this paper argues that the EU legislative framework, consisting of European treaty law with its environmental law principles as well as the wording of Article 6 itself, already offers adequate opportunities to re-interpret the EU nature conservation directives within the context of sustainable land use, thus giving way to a less dogmatic approach entirely in line with modern sustainable development demands.
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Tukhtashev, Khikmatilla. "CRIMINAL LIABILITY FOR VIOLATION OF THE PROCEDURE FOR THE USE AND PROTECTION OF AGRICULTURAL LAND." Jurisprudence 2, no. 2 (July 19, 2022): 125–32. http://dx.doi.org/10.51788/tsul.jurisprudence.2.2./yegw8662.
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This article provides a scientific and theoretical analysis of the issue of criminal liability for violation of domestic and foreign legislation, rules of using land related to the use and protection of agricultural land. The issue of criminal liability for contaminating agricultural irrigated lands with chemicals and toxic substances or lowering soil fertility was analyzed. In addition to the legislation governing the activities of agricultural entities, normative documents aimed at the legal regulation of agricultural land were studied. Liability for misuse of agricultural land and violation of the procedure for its allocation was covered in accordance with land and criminal law. Issues related to the introduction of foreign experience into national legislation on the recognition of agricultural land users as subjects of criminal liability are highlighted. In addition, the issue of criminal liability for violations of the rules for agricultural land use is analyzed based on the experience of Estonia, Spain, Germany, People’s Republic of China, Russian Federation, the United States and a number of other countries. Attempts were also made to develop proposals for the improvement of national legislation, using the best practices of foreign countries.
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Ilkiv, N. V. "Certain aspects of state registration of the right to permanent use of a land plot." Analytical and Comparative Jurisprudence, no. 2 (May 11, 2024): 345–50. http://dx.doi.org/10.24144/2788-6018.2024.02.59.
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The article is devoted to the study of the state of legal regulation of the right to permanent use of a land plot in Ukraine. The author focuses on the changes in the legal regulation of land relations as a result of land privatization, which, accordingly, affected the change in the essence of the right of permanent land use. Legislative attempts to force the subjects of the right of permanent use of land plots to re-register have led to a decrease in the number of objects of such a right. At the legislative level, the subject composition of this right has been repeatedly changed. However, this right exists and is likely to continue to exist, creating certain problems for the legislator who will try to regulate these issues and law enforcement agencies. The article provides a systematic analysis of the right of permanent use of land plots, identifies the mechanisms for exercising the right of permanent use and establishes the ways of efficient use of land in permanent use by various entities. Changes in the legal regulation of the institution of the right of permanent use of land plots are expected to increase budget revenues. They will promote transparency of land relations through the conclusion of land sublease agreements, prevent corruption in the land sector, and help determine the legal fate of the right of permanent use of persons who are not included in the list of entities that may acquire the right of permanent use of land from state and municipal property in Article 92 of the Land Code. At the same time, the gaps in the legislation require further scientific research with the formulation of proposals for improving the land legislation of Ukraine.
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Dorosh, Olha, Iryna Kupriyanchik, and Denys Melnyk. "SCIENTIFIC APPROACHES TO THE DEVELOPMENT OF PLANNING DOCUMENTATION FOR THE UNITED TERRITORIAL COMMUNITIES." Environmental Economics and Sustainable Development, no. 3-4(22-23) (2018): 42–48. http://dx.doi.org/10.37100/2616-7689/2018/3-4(22-23)/5.
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The land and town planning legislation concerning the planning of land use development within the united territorial communities (UTC) is considered. It is found that legislative norms need to be finalized. The necessity of updating the existing land management documentation developed prior to the adoption of the Law of Ukraine "On Land Management" and changes in the structure of urban development in connection with the adoption of the Law of Ukraine "On Regulation of Urban Development" was proved as they do not ensure the integrity of the planning process within the territories of these communities through their institutional incapacity (proved by the example of the Palan Unified Territorial Community of the Uman district of the Cherkasy region). The priority of land management and urban planning documents as the most influential tools in planning the development of land use systems in UTC is scientifically grounded and their interdependence established.
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Lipski, Stanislav Andzheevich. "The choice of one of the variants of the new version of the Federal Law "On Land use planning" will have an impact on the further development of land law and on the success of solving practical problems in the field of food security." Сельское хозяйство, no. 3 (March 2022): 1–11. http://dx.doi.org/10.7256/2453-8809.2022.3.39343.
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The article examines the factors that influenced the formation and development of legislation on land use planning in Russia , reveals the reasons for the current state of this legislation.The author identifies the key tasks and problems of domestic land use planning in the current phase of its development. The author gives an assessment of the modern system of regulatory regulators of land use planning. He compared the provisions of the versions of the new version of the Federal Law "On land use planning" developed to date, the work on which has taken a protracted nature. The article notes that these options are different: 1) the ratio of public-law and private-law regulators; 2) the degree of continuity to domestic land use planning; 3) the volume of borrowings of foreign experience; 4) the emphasis on various problems in agricultural land use. The author believes that one of these options will still be accepted and will become the basis for the subsequent development of Russian land management for a long-term perspective. Such a decisive decision of the legislator is also characteristic of other land reforms previously carried out in Russia "from above". The author evaluates the consequences of such a decision for the system of land legislation, land law science and its significance for the success of solving practical problems in the field of food security, including when working with unclaimed land shares and when implementing the state program for the re-development of abandoned agricultural lands.
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Lipski, Stanislav Andzheevich. "The choice of one of the variants of the new version of the Federal Law "On Land use planning" will have an impact on the further development of land law and on the success of solving practical problems in the field of food security." Сельское хозяйство, no. 2 (February 2022): 13–23. http://dx.doi.org/10.7256/2453-8809.2022.2.39343.
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The article examines the factors that influenced the formation and development of legislation on land use planning in Russia , reveals the reasons for the current state of this legislation.The author identifies the key tasks and problems of domestic land use planning in the current phase of its development. The author gives an assessment of the modern system of regulatory regulators of land use planning. He compared the provisions of the versions of the new version of the Federal Law "On land use planning" developed to date, the work on which has taken a protracted nature. The article notes that these options are different: 1) the ratio of public-law and private-law regulators; 2) the degree of continuity to domestic land use planning; 3) the volume of borrowings of foreign experience; 4) the emphasis on various problems in agricultural land use. The author believes that one of these options will still be accepted and will become the basis for the subsequent development of Russian land management for a long-term perspective. Such a decisive decision of the legislator is also characteristic of other land reforms previously carried out in Russia "from above". The author evaluates the consequences of such a decision for the system of land legislation, land law science and its significance for the success of solving practical problems in the field of food security, including when working with unclaimed land shares and when implementing the state program for the re-development of abandoned agricultural lands.
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Shulga, Mykhailo. "Legal consequences of misuse of land plots." Law and innovations 46, no. 2 (2024): 21–26. http://dx.doi.org/10.37772/2518-1718-2024-2(46)-3.
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Problem setting. One of the most common violations of land legislation is the use of land for purposes other than its intended purpose. The commission of such offenses under the current legislation of Ukraine entails a number of negative legal consequences for the holders of land rights: land owners and land users. The study and analysis of law enforcement practice shows that there are a number of problems in this area that need to be addressed. In particular, we are talking about distinguishing between the misuse of land and non-compliance with the requirements for the use of land for its intended purpose and non-use of land, etc. Analysis of recent researches and publications. The issue of studying the negative consequences of “misuse of land” has not been the subject of a comprehensive study, but some aspects of this problem have been addressed by the following scholars: Kulinich P. F., Kovalenko T. O., Nosik V. V., Miroshnychenko A. M., Pravdiuk M. V. and others. Purpose of the research is based on the analysis of the features of the category “designated purpose of land”, to investigate the negative consequences of the offense of “misuse of land” and to make proposals for improving the existing legal provisions. Article’s main body. The systemic update of the land legislation of Ukraine in the course of the land reform implementation has affected, among other things, such a category as the designated purpose of land. This category as a way for the state to regulate the nature of land use in the context of the introduction of market mechanisms into land legislation is becoming significantly more relevant. On the one hand, it establishes the limits of permitted use of land plots by decision of the authorities in accordance with the requirements of the law. It gives land owners and land users the right to fully utilize them, and on the other hand, prohibits them from going beyond the designated purpose. In the latter case, when the use of land plots acquires legal features of non-purposeful use, it is therefore qualified as a violation of land legislation. Conclusions and prospects for the development. It should be emphasized that the legislator should clearly define when a person is using a land plot for other than its intended purpose, and when it is necessary to talk about non-use of land, taking into account that in both cases it is an offense.
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Zaiets, Olena. "Decentralization reform: land law aspect." Law Review of Kyiv University of Law, no. 1 (May 5, 2021): 249–53. http://dx.doi.org/10.36695/2219-5521.1.2021.48.
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In Ukraine, the reform of decentralization of power has been going on since 2014 – the transfer of a significant part of powers,finances, other resources and responsibilities from the state power as close as possible to the people – local governments.
The process of voluntary association of territorial communities and formation of capable united territorial communities belongsto the same sphere. The issue of formation of the inseparable territory of OTG (requirement of Article 4 of the Law of Ukraine “OnVoluntary Association of Territorial Communities”) in the aspect of transfer of a significant part of state-owned lands to communal onesis still relevant, insufficiently regulated by law.It is absolutely necessary to analyze modern judicial practice. in cases related to the redistribution of state and communal landsduring decentralization, as it indicates the shortcomings of current legislation in this area. One of the tasks set by the Concept ofReforming Local Self-Government and Territorial Organization of Government is to determine a reasonable territorial basis for theactivities of local self-government bodies and executive bodies capable of ensuring the availability and proper quality of public servicesprovided by such bodies.Ways of transfer of lands to communal ownership are succession, methods of acquisition provided by item 5 of Art. 83 of theLand Code, transition to communal ownership of collectively owned lands in accordance with the Law of Ukraine “On Amendmentsto Certain Legislative Acts of Ukraine Concerning Resolving the Issue of Collective Land Ownership, Improving Land Use Rules inAgricultural Land, Preventing Raids and Stimulating Irrigation in Ukraine”. Today, the so-called land audit, which differs significantlyfrom the land inventory and is carried out by non-governmental organizations on a commercial or grant basis, helps territorial communitiesto collect land “in a heap”.At the same time, the main, initial basis for the transfer of land to the ownership of territorial communities should be a largescaleone-time delimitation of state-owned land on land that remains in state ownership and land that becomes communal property.This is one of the tasks of the Draft Law № 2194 “On Amendments to the Land Code of Ukraine and Other Legislative Acts toImprove the System of Management and Deregulation in the Sphere of Land Relations”.
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Ramesh, Aditya. "Custom as Natural: Land, Water and Law in Colonial Madras." Studies in History 34, no. 1 (November 13, 2017): 29–47. http://dx.doi.org/10.1177/0257643017736402.
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In 1865, the Madras government enacted a legislation, the Irrigation Cess Act, designed to allow it to extract revenue from water as separate as that from land. However, as emphasized by many commentators, this pithy legislation was far from comprehensive in its definition of government powers over water. Faced with resolute opposition from zamindars to any further legislation that would centralize control over water resources as well as powers to levy fees over water use to the government, the Madras state was forced to confront zamindars in court over the interpretation of the Irrigation Cess Act. In 1917, the Privy Council, the highest court in the land, delivered a landmark judgement in resolution of a dispute between the Madras government and the Urlam zamindari. The Urlam case, this article argues, lends a new perspective to historiography on custom and the environment in colonial India. The Privy Council judgement rendered custom a physical, historically reified, and ‘natural’ quality, simultaneously within and outside the encounter between labour and nature.
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Sekretaryov, Roman Viktorovich. "On the Issue of Improving Land Legislation." Юридические исследования, no. 1 (January 2023): 74–85. http://dx.doi.org/10.25136/2409-7136.2023.1.38910.
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The author considers problematic issues of land use, including agricultural land. The methodological aspects of the definition of land relations are investigated. Both theoretical studies and actual judicial practice are analyzed. Carrying out the selection of arbitration practice on the problem raised in the article, the author tried to pick up cases that are problematic from the point of view of the qualification of land legal relations. The author is convinced that the theoretical understanding of the most typical court cases should have a practical effect not only for the subjects of law enforcement activity, but also for the legislator, since it is from the solution of specific incidents that it is often possible to draw a conclusion about (not) satisfactory legal regulation of the relevant sphere of public relations. The scientific novelty of the undertaken research is the analysis of current judicial practice on disputes in the field of land use, as well as proposals for point-by-point improvement of land legislation. The object of this study is legal relations related to the emergence, modification and termination of land rights in the Russian Federation. The subject of the study is regulatory and administrative legal acts defining the procedure for the acquisition, use and termination of land rights and relevant judicial practice. The author used the formal legal method as the main method of scientific cognition in the preparation of the article. In addition, the following methods were used: hypothesis, deduction, induction, typology, classification, structural method of legal modeling.
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Leffers, Donald. "Real estate developers’ influence of land use legislation in the Toronto region: An institutionalist investigation of developers, land conflict and property law." Urban Studies 55, no. 14 (November 9, 2017): 3059–75. http://dx.doi.org/10.1177/0042098017736426.
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This paper investigates the role of real estate developers in shaping land use legislation, land use planning and property law. The conceptual framework draws on third-phase institutionalism and socio-legal theory to examine actors and ideas that influence knowledge and practices of land use, planning and property. This paper confronts absences in planning theory that overlook the role of real estate developers in disputes over land, especially their role in shaping the legislative framework governing land use. The argument is that property law is not simply an objective system of rules interpreted by lawyers, judges and the courts. Neither is it a singular concept protecting private property rights. Rather, it is a complex concept and institution that emerges in practice through political processes, such as social movements, the exercise of power and influence by elite actors, and strategic acts by political actors navigating diverse and competing agendas. The empirical evidence informing this argument derives from case study research of land conflicts on the Oak Ridges Moraine in the Toronto region, Canada, with particular attention given to the relationship between real estate developers, social movement actors, and politicians involved in resolving the conflict.
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Eliseeva, Inga A. "Disputes over the Establishment of the Land Plot Use Procedure: Law Enforcement Issues." Jurist 1 (January 21, 2021): 37–43. http://dx.doi.org/10.18572/1812-3929-2021-1-37-43.
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The article analyzes the features of consideration by the courts of such an important category of disputes as disputes on determining the procedure for using a land plot, and makes certain proposals for improving the current legislation and law enforcement practice in this area.
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Mutimba, Kawisha, Teiji Watanabe, and Mohan Bahadur Chand. "Land Use Land Cover (LULC) Change Dynamics Associated with Mining Activities in Kitwe District and Adequacy of the Legal Framework on Mine Closure in Zambia." Earth 5, no. 2 (March 31, 2024): 110–32. http://dx.doi.org/10.3390/earth5020006.
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Land use land cover (LULC) changes resulting from copper exploration in Kitwe District, Copperbelt Province has adversely impacted the environment. To understand LULC change dynamics associated with mining activities, this study mapped LULC changes using the Google Earth Engine (GEE) from 1990 to 2020. In addition, the Zambian legal framework for mine closure was assessed in terms of adequacy and comprehensiveness. A remote sensing analysis using Landsat TM (1990, 2000, and 2010) and OLI (2020) images was performed and the GEE Random Forest classifier algorithm was employed to detect LULC changes. Then, transition matrices and overall changes were calculated for each LULC class. The LULC classification had an overall accuracy and kappa coefficient of 82.47% and 0.78, respectively. In total, 45.2% of the district area (360.92 km2) experienced LULC changes from 1990 to 2020. The overall change indicates that the areas of built-up area, bare land, and grassland/pasture/agricultural land gained 35.84, 14.67, and 43.53 km2, respectively, while forest lost 95.30 km2, with the major driver being the privatization of mining companies. Several concerns regarding the mine closure process practiced in Zambia have principally been raised to the government. Although the legislation generally conformed to international best practices, a gap involving various pieces of legislation, overlapping requirements, and different interpretations of the laws by different governmental departments makes the system complex and unmanageable. An area of concern is the government’s capability and competence to implement legislation. Ineffective law enforcement, that is, the inadequacy of the legislation, is to blame for LULC changes in mining areas, resulting in mining corporations not paying attention to the changes made, particularly regarding mine closures. This study provides decision-makers and land use planners with baseline knowledge on LULC changes that can be valuable for future mining legislation and how these legislations can be effectively executed to ensure sustainable mine closure.
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Vivcharenko, O. A. "Land Use And Protection Control Of Ukraine: Control Function." Actual problems of improving of current legislation of Ukraine, no. 50 (June 11, 2019): 114–19. http://dx.doi.org/10.15330/apiclu.50.114-119.
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The article explores the legal problems of control on the use and protection of the lands of Ukraine. Specific tasks, functions, controls, forms and methods of its implementation are covered, which defined in the Law of Ukraine «On State Control of Land Use and Protection» of 19 June 2003.
Important means of controlling land use and protection are: land monitoring, state cadastre and land management. The State Land Cadastre is an important function of the state land management, through which the state influences the process of rational use and protection of land resources. The state land cadastre is designed to provide local governments, interested businesses and citizens with information about land for the purpose of organizing its rational use and protection. It contains a system of necessary information and documents on the legal regime of land, their distribution through landowners and land users, including tenants, by land categories, etc.
Land use control and protection is one of the important functions of public administration in this area of public relations. Land control should be considered not only as a function but also as a legal form of activity.
It should be noted that control is exercised: a) for all subjects of land relations, and not only for legal and natural persons; b) applies to all land irrespective of ownership.
Specific tasks, functions of control over land use and protection, as well as forms and methods of its implementation as defined in the Law of Ukraine «On State Control of Land Use and Protection» of 19 June 2003.
As a conclusion, the current legislation of Ukraine in the field of land use and protection control distinguishes between state control over land use and protection and state control over the observance of land protection legislation. The first concept is broader than the second, which reflects on the scope of powers of state bodies in this field.
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P, Sodgerel, and Narantuya A. "Some regulation of agricultural land use and regulatory arrangements." Mongolian Journal of Agricultural Sciences 22, no. 03 (May 9, 2018): 52–57. http://dx.doi.org/10.5564/mjas.v22i03.957.
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Legislation on cropping is to regulate the relations pertaining to the cultivation, establishment of crop areas, rational use of farms, protection of soil and improvement of crop and intensive livestock production. However, there is a lack of enforcement and lead to disagree with crop and herder farmers. In this study, the consequences of enforcing the law were to suggest a scientifically-oriented approach. According to the results of the survey, crop farms in Darkhan-Uul aimag are crowded in one place and over 200 hectares are expected to undermine the stability of the landscape. Some provisions for the implementation of the Law on Crops are: 24.2 and 24.4 tend to conflict with herders and farmers. Consequently, ecologically and adapted land management measures are essential.
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Kovalenko, T. O., and O. I. Zaiets. "Limitation of Land Rights of Citizens Under Martial Law in Ukraine." Uzhhorod National University Herald. Series: Law 2, no. 76 (June 14, 2023): 16–23. http://dx.doi.org/10.24144/2307-3322.2022.76.2.2.
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The article examines the normative legal acts of land legislation that were adopted in connection with the introduction of martial law in Ukraine from February 24, 2022, analyzes the practice of their application, and also substantiates the system of restrictions on citizens’ land rights under martial law. It has been proven that land rights are not included in the list of rights that cannot be restricted under martial law conditions according to Art. 64 of the Constitution of Ukraine, therefore, in the conditions of armed aggression of the Russian Federation, starting from February 24, 2022, such rights were limited in Ukraine, taking into account state needs and interests. The article substantiates that the system of restrictions on land rights of citizens under martial law consists of: a) restrictions on the rights of citizens - owners of land plots, namely: requisition; restriction of the right to dispose of a plot of land (renewal of contracts regarding privately owned agricultural plots of land without the consent of their owners and the transfer by tenants, sublessees of privately owned agricultural plots of land of lease, sublease rights to other persons without the consent of their owners); limiting the powers of land plot owners regarding the possession and use of such plots in terms of granting consent for access to such plots, as well as the right to compensation for damage caused by land plots by lawful actions; b) restriction of the rights of citizens - users of land plots, in particular the rights of tenants of agricultural land plots, c) restriction of the right of Ukrainian citizens to privatize land plots, d) restriction of the right to land information. The authors emphasize that the land legislation, which establishes restrictions on the land rights of citizens under martial law, is not always consistent and often causes problems during the implementation of these restrictions, which necessitates further legislative changes and/or new judicial positions.
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Lisova, Tetiana. "On the issue of compulsory termination of rights to land plots." Law and innovations 46, no. 2 (2024): 15–20. http://dx.doi.org/10.37772/2518-1718-2024-2(46)-2.
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Problem setting. In the context of the crisis in land resources, it is extremely important to ensure that land owners and users fulfil their obligations under land legislation in the area of land protection and restoration. Unfortunately, the ongoing trend towards deterioration of land condition, which is a consequence of ignoring soil protection measures, implementation of soil protection technologies, including bio-fertilisers, maintaining the optimal ratio of land, and timely crop rotation, continues to this day. The most threatening characteristics of the current state of land are degradation and its extreme degree of desertification. According to soil experts, the main cause of soil degradation is the loss of humus and nutrients. Other hazardous phenomena, such as soil acidification, water erosion, salinisation and salinity, etc., are also increasing in most parts of the country. Failure by an entity to fulfil its obligations to restore the quality under the Land Code of Ukraine is grounds for the forced termination of its rights to a land plot in the event of failure to eliminate the violations of the law, which requires a separate study. Analysis of recent researches and publications. We can note the imperfection of current legislation and the insufficiency of legal doctrine in the context of compulsory termination of rights to land plots. In the doctrinal works of national scholars, in particular, I. I. Karakash, P. F. Kulinich, T. E. Kharytonova, the issues of compulsory termination of rights to land plots are considered superficially, although they contain a certain analysis of the relevant legal relations. Purpose of the research is to analyse the grounds and procedure for compulsory termination of rights to land plots and developing scientifically based recommendations for amending the current land legislation on legal regulation of land relations arising in this area. Article’s main body. The author examines the problems of legislative support in the area of compulsory termination of rights to land plots. The article emphasises the imperfection of current legislation and the insufficiency of legal doctrine in the context of compulsory termination of rights to land plots. The author focuses on the specifics of certain grounds for compulsory termination of the right to use a land plot. The author examines the shortcomings of legal support for the fulfilment of obligations of land users to restore soil fertility and other useful properties of land. The author proposes to introduce appropriate amendments to the land legislation to improve the system of land users’ obligations. It is emphasised that failure of a land user to eliminate the committed violations of the law within the established time limit is a ground for compulsory termination of his/her rights to a land plot. The author analyses the procedure for compulsory termination of rights to land plots. The author emphasises the absence in the legislation of a clear delineation of powers of entities exercising state control over the use and protection of land and state inspectors for environmental protection in case of detection of violations of land legislation. Conclusions and prospects for the development. The study of the current legal issues of compulsory termination of rights to land plots leads to the conclusion that the legislation should clearly delineate the powers of the entities exercising state control over the use and protection of land and the state environmental inspectors in case they detect violations of land legislation. Therefore, in order to avoid duplication of powers of the above bodies in the field of state control, which is extremely important, since failure to eliminate violations of land legislation within the established time limits is a ground for termination of the right to use a land plot, it is advisable to attribute to the powers of the State Service of Ukraine for Geodesy, Cartography and Cadastre (StateGeoCadastre) and its territorial bodies the establishment of cases of use of land plots for other purposes, and to the powers of the State Environmental Inspectorate of Ukraine. Issues arising in the area of compulsory termination of rights to land plots will continue to be the subject of scientific research and discussion and will require improvement of legal support in this area.
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Povedyonkova, І. "Mortgage for Land Plots." Analytical and Comparative Jurisprudence, no. 5 (November 17, 2023): 247–52. http://dx.doi.org/10.24144/2788-6018.2023.05.43.
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The information discussed relates to the legal aspects of mortgaging land plots located in Ukraine. The joint ownership of land implies the division of the land plot into shares between co-owners. A land plot may be mortgaged with the consent of all coowners in accordance with the current legislation of Ukraine, namely the Civil Code of Ukraine, the Land Code of Ukraine, the Family Code of Ukraine, the Law of Ukraine "On Mortgage”, the Law of Ukraine "On Notaries”.
The designated purpose of a land plot plays an important role in its use for intended purpose; if the land plot is used for another purpose, it is necessary to change the designated purpose based on the current legislation of Ukraine. Changing the designated purpose of a land plot can be a complicated process and requires good reasons. In particular, agricultural land plots may be pledged only by banks with a relevant license.
According to the applicable laws of Ukraine, mortgagors are not restricted in their rights in connection with the signing of the mortgage agreement and have the right to use the land plot for its intended purpose, to construct houses, estates, buildings, etc. on the mortgaged land plot, unless otherwise provided for in the agreement. In the case of a mortgage of land plots with existing buildings, structures and plantations owned by third parties, their rights and obligations may be transferred to the mortgagee upon foreclosure on such land plot only in the event of failure to comply with the terms of the loan and mortgage agreement.
When entering into a mortgage agreement, under the current legislation of Ukraine, the said agreement must be notarized. The documents required for the notarization of a mortgage agreement for a land plot include the location, composition and designated purpose of the plot, its value and title, etc.
When reviewing this information, it is important to keep in mind that a mortgage on a land plot has its own specific restrictions and requirements based directly on the current legislation of Ukraine.
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Ako, Rhuks T. "Nigeria's Land Use Act: An Anti-Thesis to Environmental Justice." Journal of African Law 53, no. 2 (September 18, 2009): 289–304. http://dx.doi.org/10.1017/s0021855309990076.
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AbstractNigeria's Land Use Act, promulgated in 1978, is perhaps the most controversial legislation in the country. The Act, originally promulgated as a decree and annexed to the country's constitution, was ostensibly made to nationalize landholding in the country. However, the peculiar impact of the Act on the inhabitants of the Niger Delta region that hosts upstream activities of the oil industry has led to assertions that the Act was made specifically to deprive those inhabitants of the right to participate actively in the oil industry. This article examines the impact of the Act on the right of inhabitants to access justice. It argues that the Act obstructs their rights to environmental justice and is a fundamental cause of the violent conflicts that pervade the region.
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SANNIKOV, Dmytro V., Svetlana V. KHOMINETS, Denys L. KOVACH, Rymma A. TSYLIURYK, Alona O. CHYRYK, and Olena M. SAVELIEVA. "Legal Regulation of Land Lease in Ukraine." Journal of Advanced Research in Law and Economics 11, no. 4 (June 15, 2020): 1398. http://dx.doi.org/10.14505/jarle.v11.4(50).36.
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The paper investigates the legal regulation of land lease in Ukraine. The expediency of strengthening the role and responsibility of the state in the field of conservation of leased land is substantiated. The current legislative provisions governing the legal issues of leasing land plots in Ukraine are provided. The main issues of legal regulation of land lease in Ukraine are formulated from the standpoint of the current legislative acts. The relevance of the issue is determined by the urgent need to resolve all issues arising between the parties upon handover (acceptance) of land for lease in Ukraine within the framework of the current legislation. Legal regulation of all issues related to the lease of land in Ukraine helps to prevent and resolve disputes between the parties related to ignorance, or failure to perform obligations of lease agreements, which are consolidated by the provisions of the current legislation, by any of the parties. Relations between lessees and lessors acquire a legislative framework, which greatly facilitates the resolution of all possible disputes. The practical significance of the study lies in identification and statement of the main regulations of current legislation, which objectively govern the issues of lease relations between the parties in Ukraine, from a legal position. The results of the paper, the conclusions and opinions contained therein, can be used in practical activities by organizations and individuals concluding lease agreements with each other for the right to use land plots in order to settle their lease obligations from the standpoint of the law. Of particular importance is the ability to facilitate the successful resolution of disputes between parties entering into lease relations, or to completely avoid them.
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Muronenko, Ihor. "The Legal Regulation of Neighbourly Water use in Ukraine: Development Prospects." Journal of Vasyl Stefanyk Precarpathian National University 5, no. 2 (August 23, 2018): 130–36. http://dx.doi.org/10.15330/jpnu.5.2.130-136.
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The article is devoted to some questions of the legal adjusting of neighbourliness relations. Neighbourly water use should be defined as the use of water resources aimed at meeting the needs of owners or tenants of neighbouring land parcels. The regulation of neighbourly water use has historically been an inseparable part of neighbour law. Regulations of this kind were contained in many historically significant Ukrainian legal documents, including “The Statutes of the Grand Duchy of Lithuania”. Currently, the regulation of the use of water resources mainly comes under the sphere of public law. Consequently, the current Land Code of Ukraine does not contain regulations of this kind. Nevertheless, a study of international legislation and regulation policies on neighbourly relations emphasizes the necessity to legislate on the private aspects of neighbourly water use. The findings of the study has made it possible to formulate the proposals aimed at improving the current legislation on this issue.
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Palmer, Fleur. "Envisioning a Future." idea journal 14, no. 1 (July 3, 2018): 110–19. http://dx.doi.org/10.37113/ideaj.vi0.72.
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In Aotearoa (New Zealand), existing territorial legislation and provisions within planning law currently prevent Maori from fully entering into a negotiation with district councils, in terms of creating a vision for their future, without kowtowing to already established rules that conform to Western models of land use and Western ideas of how district councils think Maori should live. On Maori land, development is mainly restricted to farming activities, as most Maori land is rurally zoned. Maori own little land in urban centres or in commercial and industrial areas, as many were historically alienated from ancestral land, and as a consequence were excluded from towns in relation to land ownership. The structure of existing legislation does not encourage Maori to test their own ways of thinking in terms of how they want to occupy urban or rural areas. Existing territorial legislation also discourages Maori from exercising their imagination in terms of developing alternative models to zoning regulations, and thinking about how they could occupy space that they have been excluded from in a way that supports the economic and social development of their communities. What happens when Maori take control and visualise their own future, unburdened by the constraints of legislative control?
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Drozd, I. V. "Features of the emergence of land rights in Ukraine under martial law." ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, no. 13 (October 1, 2022): 379–84. http://dx.doi.org/10.33663/2524-017x-2022-13-60.
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The article is devoted to the analysis of the peculiarities of the order of origin of land rights in Ukraine under martial law. It is established that under martial law the requirements of the legislation on the formation of land registration, not adapted to the new realities, and in fact from February 24, 2022, the formation and registration of land was suspended due to the temporary suspension of electronic state registers. Therefore, in such conditions, with the use of intensive agricultural production, there was an urgent need to create a legal framework for simplified access to land. At the same time, it is emphasized that in the conditions of external aggression against Ukraine it is necessary to develop a new legal framework that highlights the need for scientific understanding of changes caused by the war in legal regulation of land relations and the formation of scientific basis for their justification. In this regard, it is extremely important to study the problems and peculiarities of the order of origin of land rights in martial law. In addition, the article analyzes the latest regulations in the field of land relations under martial law and identifies their features. Arguing that the legislation of Ukraine of the «war» period of introduction simplifies the legal mechanisms for settling relations in the field of acquiring the right to use as soon as possible the use of agricultural land for food production. Also, the legislator in the first place to put the interest of society, while the interests and desires of owners and users of land in some cases may be out of place. It is emphasized that the recent history and challenges of Ukraine, what the state faces, are unprecedented decisions to solve many problems of Ukraine’s economy and to repel external armed aggression. Attention is drawn to the fact that it is important in martial law to ensure an adequate level of legal protection of land rights in Ukraine. The conclusion is substantiated that it is necessary to take into account the problematic aspects of «pre-war» legislation of Ukraine and not repeat the mistakes of previous years, ensuring stability and system of state policy in land relations in wartime, in order to form further offenses in the field of land rights. Key words: land rights, martial law, public interests, state registration of right
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Dajani, Omar M. "Israel's Creeping Annexation." AJIL Unbound 111 (2017): 51–56. http://dx.doi.org/10.1017/aju.2017.21.
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A raft of legislative proposals introduced in the Knesset over the last several years has raised the specter of Israeli annexation of additional West Bank territory. One bill would provide for nearly automatic application of new Knesset legislation to Israelis residing in the West Bank. A second would authorize the expropriation under certain circumstances of privately-owned Palestinian land for incorporation into Israeli settlements, extending the Knesset's reach to the regulation of West Bank land use by non-Israelis. A third, entitled the “Maale Adumim Annexation Law,” provides for the full application of Israeli law in Israel's largest West Bank settlement, as well as in an adjacent twelve square kilometer area called the “E1 Zone,” one of the few remaining land reserves available for the development of Palestinian East Jerusalem.
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Dunstan, Adam. "Legislative Ambiguity and Ontological Hierarchy in US Sacred Land Law." American Indian Culture and Research Journal 41, no. 4 (July 1, 2017): 23–43. http://dx.doi.org/10.17953/aicrj.41.4.dunstan.
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Sacred site law within the United States often fails to meaningfully protect indigenous cultural landscapes. One reason for this failure is ambiguous language within legislation which courts interpret in accordance with hegemonic understandings of land, thus marginalizing indigenous ontologies. Drawing on research involving ski resort expansion on the San Francisco Peaks, I demonstrate instances in which sacred site law was construed so narrowly as to a priori preclude indigenous ways of knowing, particularly in regards to the nature of land, use of sacred objects, and pollution. These examples highlight how ontological bias significantly limits the possibilities for sacred land protection.
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Bosselmann, Klaus, and Prue Taylor. "The New Zealand law and conservation." Pacific Conservation Biology 2, no. 1 (1995): 113. http://dx.doi.org/10.1071/pc950113.
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New Zealand, like many countries concerned with conservation issues, is reforming its legislation to provide more comprehensive protection of biological diversity and individual species. The basic aim is simple: if you want to protect animals and plants you have to protect their habitat. The problem is, of course, that humans share the very same habitat. How then can the right balance between use and protection be found? Of the principal Acts guiding the protection and preservation of land, animals and plants (such as the 1953 Wildlife Act or the 1987 Conservation Act) the 1991 Resource Management Act (RMA) marks an important turning-point. It aims to integrate development and conservation. The RMA promotes sustainable management of natural and physical resources. Any destruction of, damage to, or disturbance of, the habitats of plants and animals on land, in coastal marine areas and in lakes and rivers is seen as unsustainable, thus to be avoided.The use of the concept of sustainability is a first in national legislation and makes the RMA a leader around the world. However, its successful enforcement is ultimately a matter of changed attitudes. Here the law can only give some guidance.
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Dolynska, M., L. Yarmol, N. Ilkiv, R. Butynska, and V. Masin. "Theoretical and legal aspects of the regulation of environmental and land legal relations in the conditions of martial law in Ukraine." Naukovyi Visnyk Natsionalnoho Hirnychoho Universytetu, no. 2 (April 30, 2023): 118–24. http://dx.doi.org/10.33271/nvngu/2023-2/118.
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Purpose. Assessment of regulatory and legal provision of land relations in Ukraine in the context of environmental protection under conditions of martial law. Methodology. In the work a set of economic research methods is used including the monographic method; methods of synthesis and analysis; the method of detailing and concretizing the obtained results; the method of scientific and abstract systematization of the results of scientific research; graphic method for visualizing the results of scientific research. Findings. In Ukraine, a legislative framework has been created which regulates the practical principles of the use, restoration, and protection of land resources. However, as the analysis has shown regarding the extent of damage to the country’s environment caused by the use of land resources, the domestic legal basis is not perfect. In particular, this concerns the current mechanism for identifying individuals responsible for environmental violations and the procedure for compensating for the damages they cause. In order to objectively assess and determine the losses caused by the war in Ukraine, corresponding normative and methodological provisions have been adopted and are in effect. Changes also relate to the current tax land legislation, which provides for temporary exemption of landowners in occupied territories and territories of hostilities from paying environmental and land taxes. Originality. The key characteristics of the theoretical and legal principles of regulating land relations have been identified. The key tasks of the system of normative and legal regulation of ecological and land relations in Ukraine during the martial law have been outlined. The current state of the main elements of legal regulation of ecological and land relations has been analyzed. An analysis of the extent of damage caused by violations of ecological and land legislation in Ukraine during the pre-war and wartime periods has been carried out. A number of problematic aspects of the current system of legal regulation of ecological and land relations have been identified, the solution of which will allow for the improvement of this system during the war. Among the main ones are the level of adoption and approval of relevant legislative acts; the lack of necessary registers for accounting for damaged land; the procedure for determining and assessing long-term damage to land resources caused by the war. Practical value. The results of the analysis and the problem aspects of legal regulation of environmental and land relations substantiated in this work can be used by legal experts, institutional bodies responsible for land resource management, and researchers for solving the tasks of optimizing the existing procedures and methods for protecting land resources from damage caused by individuals violating environmental legislation, as well as for improving the procedures for assessing and eliminating the consequences of military actions.