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1
Vodă, O., i D. C. Dragoș. "Public Land Lease vs Works Concession:". European Procurement & Public Private Partnership Law Review 16, nr 4 (2021): 270–83. http://dx.doi.org/10.21552/epppl/2021/4/4.
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Doll, H. "-Impacts of the reform of the Common Agricultural Policy (CAP) on land markets in Germany". Agricultural Economics (Zemědělská ekonomika) 51, No. 5 (20.02.2012): 194–201. http://dx.doi.org/10.17221/5094-agricecon.
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The political goal to reduce the transformation effects of political measures to the advantage of active farmers is only partially achieved with the Combi-model. The primary recipients are farmers who will give up their farms after introducing the Combi-model. These farmers have mostly farmed leased land. They will return these lands (leased before the reform) to the former leasers and sell their premium rights to other farm owners or lease these in co-operation with the former leasers for a fee to a new lease. Farmers who want to farm over a long term cannot use the stronger negotiating position against the old lessors following the introduction of the Combi-model because they must maintain a good leaser-leasee relationship. But they do profit to a certain extent, at least at first, because the negotiating results of the farms closing with the old leasers will become public. In contrast, the negotiating position of farmers who first lease their land areas following the introduction of the Combi-model is hardly strengthened, particularly in the current lease market in Germany.
3
Baturan, Luka. "Lease of agricultural land in public ownership". Zbornik radova Pravnog fakulteta, Novi Sad 48, nr 3 (2014): 395–406. http://dx.doi.org/10.5937/zrpfns48-7365.
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Cheng, Jing. "Analysis of the Government’s Decision on Leasing Different Lands under Public Ownership of Land". Land 13, nr 7 (28.06.2024): 944. http://dx.doi.org/10.3390/land13070944.
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Using the multinomial logit model, this paper investigates the factors influencing the government’s decision to lease different types of land in Shenzhen, China, including residential, industrial, commercial, and public service land. The aspects of the land attributes, economy and government at the district level, and land accessibility are considered as the influencing factors. Regarding the factors as the variables, the influencing factors supporting the district government decision to lease different types of land and the probability that a type of land will be consider to be leased by the government are investigated via the multinomial logit model. Using data of factors from 2005 to 2021 in Shenzhen, China, the results of the model can be obtained. After discussing and analyzing the results, it is shown that the land attribute, land accessibility, and economy and polity at the district level affect government decisions on leasing land; furthermore, industrial land is more likely to be leased by the district government than other types of land. Lastly, implications and suggestions for the district government are discussed.
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Korthals Altes, Willem K. "Land pricing upon the extension of leases in public leasehold systems". Journal of European Real Estate Research 12, nr 1 (7.05.2019): 97–111. http://dx.doi.org/10.1108/jerer-05-2018-0021.
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Purpose This paper aims to compare and review alternative ways to adjust public ground leases. Design/methodology/approach Based on principles derived from a review of scientific literature, alternatives for the extension of leases are discussed based on the case of Amsterdam. Findings Many alternatives lead public ground-lease systems to produce results that are the opposite of what they are intended to be (as inspired by Henry George): new improvements result in higher rent, but additional location values do not result in higher rent. One exception is the lease-adjustment-at-property-transaction alternative, which may nevertheless result in fewer transactions. Social implications Public leasehold systems are highly contested with regard to the extension of leases. Such systems are often aimed at capturing land-value gains. In practice, however, this tends to be more difficult than expected. Value capture by authorities, as intended by the system, results in counter-movements of lessees, who often gain public support to set lower leases. These political processes may even result in the termination of such public ground-lease systems. This paper reports on a search for possible solutions. Originality/value The comparison of various alternatives to ground-lease extension based on principles derived from literature is new, and it contributes insight into public ground-lease systems.
6
Mirwati, Yulia, Yulia Mirwati i Yakub . "The legality of land lease by the state-owned company pt. kai (Persero)". International Journal of Engineering & Technology 7, nr 2.29 (22.05.2018): 157. http://dx.doi.org/10.14419/ijet.v7i2.29.13308.
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Indonesia Train Company or PT Kereta Api Indonesia (hereafter referred to as PT. KAI (Persero) is a State Owned Campany or Badan Usaha Milik Negara (BUMN), which needs resources to carry out its business. To boost its capital, PT.KAI (Persero) leases its unused land located along the railways that have been closed due to ineffectiveness or the decrease in the operation. This lease carried out over either certified or uncertified land. Although many of the trains in West Sumatra no longer work since independence, PT. KAI (Persero) still leases land. The lease is done in the form of lease quotation document whose format is solely determined by PT.KAI (Persero), similar to a standard contract. In such quotation, the state is leaser and the leaseholder is only obliged to pay for the lease and enjoy / use the land without a balanced agreement. This situation raises the following question: does the arrangement and status of right and lease of land by PT.KAI (Persero) to the public have any legality / legal validity? The study draws on socio-legal data, both primary and secondary obtained through library and field research. The research was conducted in Regional Division II of West Sumatra with land tenants / users of lands that are deemed as assets by PT KAI (Persero). The site was chosen purposively. The results reveal that the leases of PT. KAI (Persero) arein accordance with the provisions of the Ministerial Decree on State-Owned Company along with the Regulation on Railways. However, land leases by PT.KAI (Persero) basedon the Decision Letter from the Ministry of State Owned Company, which is not specifically intended to PT.KAI (Persero), is illigal
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Mirwati, Yulia, Yontri Faisal1 i Yulizar Yakub. "The Legality of Land Lease by the State-Owned Company PT.KAI (Persero)". International Journal of Engineering & Technology 7, nr 3.21 (8.08.2018): 483. http://dx.doi.org/10.14419/ijet.v7i3.21.17218.
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Indonesia Train Company or PT Kereta Api Indonesia (hereafter referred to as PT. KAI (Persero) is a State Owned Campanyor Badan Usaha Milik Negara (BUMN), which needs resources to carry out its business. To boost its capital, PT.KAI (Persero) leases its unused land located along the railways that have been closed due to ineffectiveness or the decrease in the operation. This lease carried out overeither certified or uncertified land. Although many of the trains in West Sumatra no longer work since independence, PT. KAI (Persero) still leases land. The lease is done in the form of lease quotation document whose format is solely determined by PT.KAI (Persero), similar to a standard contract. In such quotation,the state is leaser and the leaseholder is only obliged to pay for the lease and enjoy / use the land without a balanced agreement. This situation raises the following question: does the arrangement and status of right and lease of land by PT.KAI (Persero) to the public haveany legality / legal validity? The studydraws on socio-legal data, both primary and secondary obtained through library and field research. The research was conducted in Regional Division II of West Sumatra with land tenants / users of lands thatare deemed as assets by PT KAI (Persero). The site was chosen purposively. The results reveal that the leases of PT. KAI (Persero) arein accordancewith the provisions of the Ministerial Decree on State-Owned Company alongwith the Regulation on Railways. However, land leases by PT.KAI (Persero) basedon the Decision Letter from the Ministry of State Owned Company, which is not specifically intended to PT.KAI (Persero), is illigal.
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Hussain, Anwar, Ian A. Munn, Stephen C. Grado, Ben C. West, W. Daryl Jones i Jeanne Jones. "Hedonic Analysis of Hunting Lease Revenue and Landowner Willingness to Provide Fee-Access Hunting". Forest Science 53, nr 4 (1.08.2007): 493–506. http://dx.doi.org/10.1093/forestscience/53.4.493.
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Abstract Selling hunting access may supplement household income, yet only a small proportion of nonindustrial private (NIP) landowners in United States lease the right to hunt their land. Based on a survey of Mississippi landowners, the decision to lease hunting rights and factors influencing lease revenue per leased hectare were analyzed. The two issues were jointly modeled consistent with Heckman's sample selection model, and the lease revenue was specified in accordance with hedonic pricing theory. Empirical results showed that landowner concerns about loss of privacy, accident liability, and conflicts with personal use of land reduced the likelihood of leasing; total landownership and specific landowner characteristics increased it. With regards to factors explaining differences in lease revenue per leased hectare, bottomland hardwoods commanded a greater premium than many other land uses. In addition, lease revenue per hectare was distinctly higher where a landowner had expertise in managing a hunting lease enterprise. These findings have implications for landowners interested in managing wildlife-associated enterprises and public agencies engaged in the provision of natural resource-based recreation.
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Munn, Ian, Anwar Hussain, Darren Hudson i Ben C. West. "Hunter Preferences and Willingness to Pay for Hunting Leases". Forest Science 57, nr 3 (1.06.2011): 189–200. http://dx.doi.org/10.1093/forestscience/57.3.189.
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Abstract Previous analyses of hunting leases need to be refined by addressing the decision to lease, incremental willingness to pay (WTP) for those already leasing, and number of leases purchased. Requisite data for this study were generated on the basis of a survey of Mississippi resident and nonresident hunters. Results suggested that a hunter decision to purchase a lease was influenced by hunting avidity, availability of alternative hunting access options, perceived hunter crowding on public lands relative to private lands, and household income, whereas the number of leases purchased was influenced by alternative access options and hunter perception of congestion on public lands compared with that on private land. Thus, factors influencing the decision whether or not to purchase a lease and number of leases purchased were not the same. Incremental median WTP ranged from $0.56 to $6.40 per acre, depending on alternative hunting access options, hunter perception of crowding on public lands, availability of game species on leased lands, and duration of the lease agreement. This result suggested that Mississippi landowners who currently allow hunting access may be able to enhance lease-related total gross annual financial returns by $800 to $9,200 if they improved management of their lands or modified their lease agreements consistent with hunters' genuine concerns.
10
Injieva, Buynta. "Actual Problems of Land Lease As Real Estate Objects in the Russian Federation". Legal Concept, nr 1 (maj 2022): 115–21. http://dx.doi.org/10.15688/lc.jvolsu.2022.1.16.
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Introduction: the land lease agreement is one of the most common in the sphere of civil turnover of land and other natural resources. However, despite the long-term reform of the civil and land legislation, as well as developed law enforcement practice, there are still many gaps and conflicts in the regulation of this sphere of public relations that need to be addressed. The purpose of the study: the identification of shortcomings of the legal regulation in the field of land lease, the development of constructive proposals to eliminate them. Relevance: the development of contractual relations in the sphere of the use of land plots as real estate objects requires an integrated approach that allows building a balance between private and public interests, as well as between the norms of civil and land law reflecting these interests. Meanwhile, at the moment the solution to this problem has not been achieved, which requires doctrinal discussion and legislative reform. Methods: the paper uses general and specific scientific methods, including the concrete historical method that allows identifying the causes of certain legal problems, as well as the method of system analysis that allows considering the problems under study in the context of other legal phenomena and processes. Results: in the course of the study, conflicts between the civil and land legislation regulating the lease of land real estate are identified, and proposals are made to eliminate them. Conclusions: it is proposed to expand the list of essential terms of the land lease agreement, the differences in the legal regulation of lease on lands of various categories are determined.
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Shamsuddin, Shomon, i Lawrence J. Vale. "Lease it or lose it? The implications of New York’s Land Lease Initiative for public housing preservation". Urban Studies 54, nr 1 (29.09.2016): 137–57. http://dx.doi.org/10.1177/0042098015614248.
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Podbolotova, L. P., i E. V. Shaikina. "Modern Aspects of Leasing Publicly Owned Land Plots". SHS Web of Conferences 134 (2022): 00126. http://dx.doi.org/10.1051/shsconf/202213400126.
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The paper presents a study of modern aspects and the legal regime of leasing land plots in the Russian Federation that are in public (federal, owned by the Subjects of the Russian Federation, municipal) ownership, since currently in Russia, the lease of land plots that are in public ownership is the most common way of using land plots. The study was conducted in order to identify modern aspects and the legal regime of leasing public land plots for subsequent practical application by tenants and landlords. To achieve this goal, an analysis of the main regulatory legal acts currently in force in Russia regulating the provision of land plots for lease for various purposes is carried out. The significance of the study lies in the fact that, despite the constant improvement of the mechanism for granting land plots for rent, the procedures for granting land for rent are contained in many regulatory legal acts and often have gaps in legal regulation associated with constant changes in these regulations. As a result of the study, it is concluded that the general procedure for concluding a lease agreement for a land plot that is in public ownership is regulated by civil and land legislation, taking into account regional and local regulatory legal acts, as well as regulatory legal acts adopted by regulatory authorities in this area independently. Previously, this body was the Ministry of Economic Development of the Russian Federation, and since 20.01.2020 – Rosreestr, which for 2020-2021 adopted more than 20 regulatory legal acts that are important in the design of land lease agreements. The results of this study are recommended to be taken into account in their activities by legal entities and individuals who use the procedures for leasing land plots that are in state or municipal ownership.
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B.A.Toksobaeva i N.K.Toktogazieva. "TOOLS OF LEASE OF STATE LANDS IN RUSSIA, BELARUS, MOLDOVA AND UKRAINE: A COMPARATIVE ANALYSIS TOOLS OF LEASE OF STATE LANDS IN RUSSIA, BELARUS, MOLDOVA AND UKRAINE: A COMPARATIVE ANALYSIS". Herald of KSUCTA n a N Isanov, nr 2 (24.06.2019): 327–34. http://dx.doi.org/10.35803/1694-5298.2019.2.327-334.
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The object of the research presented in the article is the lease of state land settlements. This article has two objectives. The first goal is the search for factors that increase the efficiency of state land use. The second goal is to highlight the principles, approaches and methods of leasing public lands that are potentially applicable in the Kyrgyz Republic. This article is one of a series of articles aimed at drawing lessons from the practice of leasing public lands in post-Soviet countries. The authors examine in detail the existing lease systems of state lands in each of their selected countries for research, and then highlight the common features of well-functioning systems.
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Eyrian, G. N. "THE USE OF PUBLIC LANDS OR LAND PLOTS FOR THE PLACEMENT OF NON-STATIONARY RETAIL FACILITIES". Вестник Пермского университета. Юридические науки, nr 2(60) (2023): 215–30. http://dx.doi.org/10.17072/1995-4190-2023-60-215-230.
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Introduction: the development of legislation in the field of non-stationary retail trade in general and the use of public lands or land plots for the placement of non-stationary retail facilities (NSRFs) in particular have long been under the attention of the legislator. Several bills were drafted for this purpose, which, however, were subsequently rejected. The search for a model of legal regulation of the use of public lands or land plots for the placement of NSRFs resulted in supplementing the Land Code of the Russian Federation with Chapter V.6. To regulate the relations in question, the legislator introduced an original construction of titleless use of public lands or land plots, which has not yet received an unambiguous assessment from both researchers and law enforcers. Purpose: to provide scientific and theoretical substantiation of the need to regulate the analyzed relations within the framework of land legislation on the basis of a civil contract of lease. Methods: general scientific methods (method of formal and dialectical logic; methods of comparison, description, interpretation) and special scientific methods (formal legal; grammatical, historical, systematic, logical, and teleological interpretation of legal norms). Result: relations on the placement of NSRFs on public lands or land plots are, according to the author, unreasonably excluded from the scope of the Land Code of the Russian Federation. The regulation of these relations in Federal Law No. 381-FZ ‘On the Basic Principles of State Regulation of Trading Activities in the Russian Federation’ not only did not simplify the procedure and conditions for using public lands or land plots for the placement of NSRFs but turned out to be practically unrealizable. Currently, the procedure and conditions for the placement of NSRFs on public lands or plots are mainly regulated by the constituent entities of the Russian Federation, whose acts allow for variability in the legal formalization of relations in these cases. Contrary to the provisions of Item 1 of Article 39.36 of the Land Code of the Russian Federation, the relations on the placement of NSRFs on public lands or land plots are mediated not by the scheme of placement, but by a contract for an NSRF placement or lease. Comparing these contracts, the author finds no grounds for classifying the contract for the placement of an NSRF as a separate type of contract (non-typed contract). Given the above, the regulation of the relations in question should be carried out under the Land Code of the Russian Federation by providing land plots, their parts as well as lands for lease.
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Shashula, Liudmyla, i Irina Denusenko. "PUBLIC-PRIVATE LAND SUPPLY PARTNERSHIP: FORMS OF PROVISION AND CHARACTERISTICS". Environmental Economics and Sustainable Development, nr 5 (24) (2019): 96–102. http://dx.doi.org/10.37100/2616-7689/2019/5(24)/15.
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The forms of public-private partnership in Ukraine, their legislative support and the possibility of applying for land resources are explored. It was found out that concession, cooperation, lease agreement, joint activity and management of immovable property are already used in economic activity and are characterized by insufficient level of legislative provision concerning land resources. Invalidity of service contracts for application in the sphere of land use was found, because they serve as a service.
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Rafikova, Dinara N. "Will they be able to realize for debts the right to lease a public land plot acquired as a result of the auction?" Town-planning law 1 (10.03.2021): 15–17. http://dx.doi.org/10.18572/2500-0292-2021-1-15-17.
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The article discusses some conflicts in law enforcement related to the transfer of rights and obligations under state-or municipal-owned land lease agreements concluded at tenders that call into question the permissibility of exercising lease rights at public tenders in these cases.
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Kang, Se-Jin. "A Study on Economic Efficiency of Public Land-Lease Social Housing in Seoul". Korean Association of Space and Environment Research 76 (30.06.2021): 19–64. http://dx.doi.org/10.19097/kaser.2021.31.2.19.
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Pandita, Nabila Dhiya. "THE ROLE OF NOTARIES IN THE IMPLEMENTATION OF THE LEASE PURCHASE SYSTEM AS AN ALTERNATIVE TO BUILDING OWNERSHIP IN PUBLIC HOUSING SAVINGS (TAPERA)". Pena Justisia: Media Komunikasi dan Kajian Hukum 23, nr 1 (17.03.2024): 667. http://dx.doi.org/10.31941/pj.v23i1.3677.
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<table width="574" border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="366"><p><em>Notaries have an active role in implementing a new system, namely lease purchase system as an alternative to transferring a new land ownership rights based on the Public Housing Savings Management Agency Regulation Number 2 of 2023 concerning the Second Amendment to the Public Housing Savings Management Agency Regulation Number 6 of 2021 concerning Housing Financing for Public Housing Savings Participants (Peraturan Badan Pengelola Tabungan Perumahan Rakyat Nomor 2 Tahun 2023 tentang Perubahan Kedua atas Peraturan Badan Pengelola Tabungan Rakyat Nomor 6 Tahun 2021 tentang Pembiayaan Perumahan Bagi Peserta Tabungan Perumahan Rakyat). This is because to be able to apply the lease purchase system in a transfer of land ownership rights, an agreement is needed which for legal certainty to be made into a deed for the parties. Departing from the above, the problem raised in this research is how to implement the lease purchase system as an alternative to financing home ownership and the role of the Notary in making a lease purchase agreement deed which is used as an alternative to transfer land ownership rights. To be able to answer these problems, a normative juridical research method with an explanatory research typology is used. The conclusion that can be drawn from this research is that notaries play an important role in implementing the hire purchase system which has just been issued by BP Tapera as an alternative to transferring land and building ownership rights. So that in order to provide legal certainty, the lease purchase agreement needs to be made in an authentic deed made by a Notary.</em></p></td></tr></tbody></table>
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Berbeka, Tomasz. "LAND CONCENTRATION PROCESSES ON THE BASIS OF STATE LAND RESOURCES ON DOLNY ŚLĄSK". Annals of the Polish Association of Agricultural and Agribusiness Economists XIX, nr 6 (10.01.2018): 31–37. http://dx.doi.org/10.5604/01.3001.0010.7895.
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The object of this study was evaluation of state land concentration in farms within 1992-2015. After economy transformation processes the agricultural public sector was opened for private ownership land turnover. The purpose of new law legislations was to distribute land to family farms with lighter accessible to agricultural land. From the other hand since 1992 existed law regulation promoted large scale farms functioning on the basis of sale and land lease. In the region of Lover Silesia small share of land contrahents (2.74%) purchased or leased 53.6% of total State Land in transactions over 100 ha. This confirms large scale of land concentration and lower accessible for family farms. Current legal regulations improved small and medium size farm situation by introducing new grade- points system and memorandum for State Land purchase.
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Czechowski, Paweł, i Adam Niewiadomski. "Renesans dzierżawy rolnej". Przegląd Prawa Rolnego, nr 1(34) (28.06.2024): 53–62. http://dx.doi.org/10.14746/ppr.2024.34.1.3.
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The article discusses the challenges facing agricultural lease in European and national regulations. It presents the rich achievements of the initiator of the research on lease, Professor Aleksander Lichorowicz. The authors emphasised the traditional role of lease and its peculiar civil law character, and highlighted the dualism of the regulation of the lease of private agricultural real estate and the agricultural real estate of the State Treasury. An assessment of the new function and challenges of lease in the context of the challenges of agricultural real estate turnover and the leaseholder’s statutory right of first refusal has also been made and then followed by a discussion of the issues related to the social security of farmers, direct subsidies to the leased land, or other aid measures from public tributes. In conclusion, as de lege ferenda conclusions, the authors formulated proposals for legislative changes concerning agricultural lease.
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Suryaningsih, Syafni, i Tiris Sudrartono. "Pendekatan SWOT Analisis Dalam Mengukur Tingkat Kualitas Pelayanan di Bkad Kota Bandung". Al-Kharaj : Jurnal Ekonomi, Keuangan & Bisnis Syariah 6, nr 3 (3.07.2023): 1537–45. http://dx.doi.org/10.47467/alkharaj.v6i3.3885.
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Public service is a form of activity provided by the government to the community. Knowing what are the problems that become obstacles in the Bandung City Government Land Lease Service activities in order to find strategies to improve the quality of Bandung City Government Land Lease Services. Also, to find out the efforts that can be made in measuring BKAD customer satisfaction through SWOT analysis. In this study the authors used a qualitative descriptive method. Data collection techniques were carried out using observation techniques, interviews, field observations and documentation. In order to create comfort for the community, with the support of qualified facilities for the community in supporting to convey criticism and aspirations for land lease services to make it easier and more efficient.
Keywords: Service; Service Quality; SWOT
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Kolotukha, I. "Expropriation of undeveloped land of communal property, which is leased. Some aspects". Uzhhorod National University Herald. Series: Law, nr 69 (15.04.2022): 103–7. http://dx.doi.org/10.24144/2307-3322.2021.69.17.
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The issue related to the peculiarities of the legal regime of the leased property is considered. We are talking about the possibility of selling communal land plots outside of land auctions, which by law must be carried out by local governments in the case of alienation of land plots free of development to individuals or legal entities.
This article analyzes the provisions of national legislation such as the Civil Code of Ukraine, the Law of Ukraine "On Land Lease", provides examples of case law of the Supreme Court of Ukraine and the decisions of the Constitutional Court, which regulates this issue.
In disclosing the provisions of the article, the author pays considerable attention to the term the preemptive right of the tenant, what it is and how it relates to the concept of redemption of land from public auction (land auction).
The author analyzes in detail the provisions of the Law of Ukraine "On Land Lease", in particular, much attention is paid to the disclosure of the content of articles that directly allow the exercise of the preemptive right to purchase land leased. Thus, a tenant who, in accordance with the law, may own a leased land plot, has a preemptive right to acquire it in the case of sale of this land plot, provided that he pays the price at which it is sold, and in the case of sale at auction - if his bid is equal to the bid that is the largest of the bids offered by the auction participants.
No less important in this context are the provisions of the Civil Code of Ukraine, which are characterized in this article and reveal the identical meaning of the concepts, which is reflected in the special law on land lease and in Art. 777 of the CCU, on the preemptive right of the lessee to repurchase the thing that he rented. Distinctive are the provisions of civil law, which are also analyzed by the author in this paper, on the identification of things in civil circulation, and which of them may be the subject of land auctions, taking into account Art. 777 CCU. Yes, it is stated that a thing is an object of the material world, in respect of which civil rights and obligations may arise. Immovable property (real estate, real estate) includes land plots and objects located on it, the movement of which is impossible without their depreciation.
No less necessary in law enforcement is the practice of national courts, which essentially confirms the provisions of Art. 9 of the Law on Land Lease and indicates the possible consequences of overcoming the legal conflict in the application of the Land Code of Ukraine, which prohibits the sale of undeveloped land of communal property outside the land auctions. No less significant is the case law of the European Court of Human Rights, which is cited in this article. According to its content, in order to maintain social justice in society as a component of the public interest, the national legislator may allow the protection of the interests of property tenants by imposing restrictions on the right of its owners to determine the terms of sale of leased property.
An important circumstance is the avoidance of litigation to challenge the procedure and the outcome of land auctions. In essence, land auctions are a transaction. Thus, given that the alienation of property from public auction refers to purchase and sale agreements, such an agreement may be declared invalid on the basis of civil law on the invalidity of the transaction (Articles 203, 215 of the Civil Code of Ukraine). And invalidating the results of the land auction will not give the tenant effective protection of his preemptive right to repurchase the leased land, but will only continue his efforts to do so. As the author of this article rightly points out.
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Permadi, Iwan. "KEDUDUKAN HUKUM PERSEWAAN TANAH NEGARA". Perspektif Hukum 16, nr 2 (18.05.2017): 139. http://dx.doi.org/10.30649/phj.v16i2.61.
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<em>This paper examines how the legal status of leasing the public land in deal with the State's Right of Controlling is and how the further regulating them in the implementation of regional autonomy is. The used method is a normative legal research with secondary data sources through primary legal materials, secondary and tertiary. The results show that leasing the land that the object is a public land constitutes an action against the law, because the state is in fact not the owner of the land. The state only has the right to control the public land and the only the owner has the right to lease the land. Therefore, there is a smuggling law in case of leasing the public land through enacting the regional regulations that contain the permit to use the public land, that the third parties can use public land but the third party must pay a sum of money.</em>
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Damayanti, Evira. "IMPLEMENTATION OF LAND LEASE AGREEMENT MANAGED BY PT. INDONESIAN RAILWAYS IN THE OPERATING AREA 4 SEMARANG". International Journal of Law Society Services 1, nr 1 (10.03.2021): 1. http://dx.doi.org/10.26532/ijlss.v1i1.14736.
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The right to control from the state over land originates from the right of the Indonesian nation to land, which in essence is an assignment to carry out the duties of the nation's authority which contain elements of public law. PT. Kereta Api Indonesia (Persero) may diversify its business by utilizing its land in collaboration with third parties to support its main business. The purpose of this research is to determine the implementation procedure, the form of land lease agreements to the settlement of land lease defaults managed by PT. Kereta Api Indonesia (Persero) Operation Area 4 Semarang. This research is a sociological juridical research. The results of this research indicate that the implementation of the land lease agreement managed by PT. Kereta Api Indonesia (Persero) is carried out by submitting an application to the Executive Vice President of Daop 4 Semarang. If the contents of the contract have been agreed upon by both parties, the contract is made in 2 (two) copies and signed by both parties on a stamp duty. The form and content of the lease agreement is standard in nature, the contents of which are an agreement of two or more parties or a reciprocal standard agreement. Efforts made by PT. Kereta Api Indonesia (Persero) if there is default, but the contract period has expired and does not make an extension if 2 (two) months before the due date the tenant has not made an application letter for contract extension, the Asset Management Manager makes a notification letter to the tenant that the contract will end and concerned in order to complete the contract extension process.
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Dinara N., Rafikova. "Some Issues of Exercising of the Land Plot Lease Right in a Public Auction". Juris, nr 6 (czerwiec 2018): 44–49. http://dx.doi.org/10.18572/1812-3929-2018-6-44-49.
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Ge, Wang, Shiyun Zhang, Yan Lu, Jiyu Jiang, Hui Jiang i Xiaona Cheng. "Can Higher Land Rentals Promote Soil Conservation of Large-Scale Farmers in China?" International Journal of Environmental Research and Public Health 19, nr 23 (25.11.2022): 15695. http://dx.doi.org/10.3390/ijerph192315695.
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Based on theoretical analysis, this study empirically analyzes the mediating mechanism of how land rentals work on large-scale farmers to enhance soil conservation with survey data of 425 large-scale farmers in Shandong and Anhui Provinces, the main grain-producing regions of China, and further examines the moderating effect of agricultural extension services. The results show that: (1) The higher the land rentals, the greater the probability that large-scale farmers enhance soil conservation. (2) The mediating effect demonstrates that in a highly market-oriented rural land transfer market in China, the land lease term of large-scale farmers is longer with the increase of land rentals, thus motivating large-scale farmers to engage in soil conservation. (3) As shown by the moderating effect, agricultural extension services can further positively moderate the contribution of land lease term to large-scale farmers enhancing soil conservation. In order to encourage large-scale farmers to enhance soil conservation, on the one hand it is necessary to standardize the land transfer market and proactively guide large-scale farmers to extend the land lease term. On the other hand, it is indispensable to strengthen agricultural extension services and further broaden the access to soil conservation technologies for large-scale farmers.
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PETRUSHKIN, VITALY. "Specifics of legal regulation for provisioning publicly owned land plots in case of destruction of a building". Public Administration 24, nr 3 (2022): 25–29. http://dx.doi.org/10.22394/2070-8378-2022-24-3-25-29.
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The article analyzes the issues related to implementing and protecting the rights to land plots in public ownership, as well as individuals and legal entities who own buildings and structures placed on these plots. The procedure for acquiring publicly owned land plots by owners of buildings and structures placed on them, stipulated by Art. 36 of the Land Code of the Russian Federation, was the basis for a new norm that significantly expanded the legal mechanisms and foundations for repurchasing land plots through privatization. However, in Russian judicial and arbitration practice, there is still a considerable number of cases involving disputes related to the protection of the rights to land plots of individuals and legal entities. In addition, considering the functional purpose of the territory, many complex issues arise regarding the size of the claimed area of the plot on which the structure is built. The legal problem associated with preserving the lease of a land plot in the case of destruction of an object placed on it, as well as the right to conclude a new lease agreement without tenders, also requires an immediate legislative resolution. The procedure for actions in the case of destruction of real estate, when the lease agreement for a land plot concluded by the owner of the destroyed building contains conditions that exclude the right to sign a new contract, has not been defined.
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Miskevych, L. R. "Registration Procedures In The Mechanism Of Water Bodies Transfer For Use Under Lease". Actual problems of improving of current legislation of Ukraine, nr 54 (30.11.2020): 89–100. http://dx.doi.org/10.15330/apiclu.54.89-100.
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The scientific article is devoted to the study of problematic issues of acquiring the right to use water facilities under lease. It is noted that in the field of land, water, environmental relations, the water body and the land under it are separate objects, but in the field of property relations, which are governed by civil law, such objects are one whole both in the spectrum of regulation of property rights and contractual relations. However, the different sectoral affiliation of the water body and the corresponding land plot of the water fund inevitably affect the content of civil legal relations, supplementing the civil rights and obligations of the subjects of these legal relations with statutory requirements for the use of these natural resources.
The significance of registration actions for the water body and the land plot of the water fund, which is transferred for use in the complex with the water body, is analyzed. The commission of such actions is aimed at establishing their identifying criteria and state recognition of these natural resources as objects of water and land relations, respectively. However, in the property turnover the public value is not the land plot of the water fund or the water object taken separately, but their tandem, which is perceived as an object of civil legal relations and, accordingly, the subject of the lease agreement. Given that the interests of the tenant are satisfied by the use of water space, the law states that the use of the contract provides a water body in a complex with a plot of land. However, such a legislative approach made it difficult to decide when the tenant acquired the right to use, as the law does not define a water body as property in respect of which the state registration of rights is carried out.
Based on the analysis of the normatively established identifying criteria of a water body, it is concluded that the water body can be considered in the status of real estate in view of its legislative definition. Thus, when determining the moment of acquisition of the right to use water facilities under lease, it will be justified to apply the provisions of civil law. The novelty of the legislation is the priority of the land plot in the complex with which the water body is transferred and the automatic extension of the right to lease the land plot under the water body to such water body.
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Zharkova, Olga A. "Registration of Rights to Public Land Plots for the Purposes of Development of Mineral Resources: Practical Aspects". Zakon 21, nr 5 (maj 2024): 56–65. http://dx.doi.org/10.37239/0869-4400-2024-21-5-56-65.
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The author comes to the conclusion that current problems associated with the registration of rights to a land plot are largely provoked by conflict of laws rules or gaps in the legislation. We are talking, first of all, about determining the spatial boundaries of a land plot that a subsoil user can lease without bidding, as well as about transferring an agricultural land plot into industrial land. In the latter case, difficulties arise due to the wording of the Law “On Transfer” regarding references to town-planning documents, as well as the need to provide a reclamation project. The article highlights the changing approach of judicial practice to the interpretation of the term “exclusive right” and the negative consequences of the lack of support from Rosnedra when registering rights to a land plot.
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Sukalo, V. A. "Оn the Issue of Providing a Citizen a Land Plot in Public Property without Bidding for Haymaking or Grazing of Farm Animals". Juridical science and practice 18, nr 3 (17.04.2023): 33–42. http://dx.doi.org/10.25205/2542-0410-2022-18-3-33-42.
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Based on the analysis of paragraphs 19 of part 2 of art. 39.6 of the Land Code of the Russian Federation and law enforcement practice, it is concluded that the current version of this rule of law does not provide citizens with a real opportunity to lease publicly owned land plots without bidding for the purposes of haymaking or grazing farm animals for personal needs due to an unjustifiably restrictive interpretation in law enforcement practice of the possible size of the area such sites and the lack of a uniform understanding of the purposes of providing these sites, related to the definition of personal or business needs, which carries a significant risk for already concluded lease agreements to be invalidated. The importance of the allocation of a separate basis in Part 2 of Article 39.6 of the Land Code of the Russian Federation – the provision of a land plot to a citizen for haymaking, grazing of farm animals, as well as the establishment in the legislation of the subjects of the Russian Federation of the maximum size of the area of land plots provided to citizens specifically for haymaking or grazing of farm animals is substantiated; it is concluded that it is necessary to amend the List of documents confirming the applicant’s right to purchase a land plot without bidding, in terms of the obligation to request information about the presence or absence of a citizen of entrepreneurial status.
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GKALETNIK, Grygorii, i 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", nr 2(60) (30.08.2022): 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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Rotarangi, Stephanie. "Plantation forest leases: experiences of New Zealand Māori". Canadian Journal of Forest Research 42, nr 9 (wrzesień 2012): 1678–86. http://dx.doi.org/10.1139/x2012-113.
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Numerous scholars agree that to integrate stakeholder demands into forest management is the central challenge facing forestry science. A necessary step is to translate public views and expectations into forest management techniques. This study uses document analysis and in-depth interviews to understand the values and expectations of New Zealand’s indigenous people (Māori) who have exotic species forests planted on their ancestral land. The two case studies involve long-term forest lease arrangements where Māori families are the collective owners of the land but the forest is managed by third parties. The results suggest that the landowners’ overall view of forestry is more critically influenced by political frameworks than by forest management techniques. The structures of governance and tenure and the legislation affecting the land are viewed as complicated and constraining. However, after decades of experience, Māori have successfully incorporated plantation forests into their sense of people and place. Despite difficulties and disappointments, the land use of forestry and forest regimes are, overall, viewed favourably by the landowners, consistent with environmental considerations and their culture and values.
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Krestyantseva, Elena S. "Disputes on Determining the Amount of Rent for the Use of a State Land Plot as a Consequence of Concluding a Lease Agreement by an Unauthorised Public Subject". Zakon 20, nr 3 (marzec 2023): 174–81. http://dx.doi.org/10.37239/0869-4400-2023-20-3-174-181.
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The article deals with the consequences of concluding a lease agreement for a state-owned land plot by an unauthorised person, including the issue of the agreement validity, establishing the correct amount of rent, recalculating rent for the previous period of use, and the relationship between public entities regarding the paid rent. In this situation, civil law relations are complicated by a public element. Considering this, the analysis is given taking into account the principles for determining the rent for state-owned land plots, as well as reductions of payment and other regulations that restricts the right of the parties to independently determine the amount of rent. Some procedural aspects and difficulties of settlement of such disputes are also considered.
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Czyżewski, Bazyli, i Adam Majchrzak. "Mechanisms of valuation of public goods on the agricultural land market - considerations in the context of sustainable development". Management 17, nr 2 (1.12.2013): 284–96. http://dx.doi.org/10.2478/manment-2013-0072.
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Summary Mechanisms of valuation of public goods on the agricultural land market - considerations in the context of sustainable development Since the beginning of human civilization, the land has been creating certain utilities which satisfy human needs. When the dangerous side effects of industrial agriculture have occurred intrinsic land utilities are being discovered anew. They have a nature of public goods and constitute a hard core of the sustainable agriculture paradigm. Despite irreversible accumulation of capital in the anthropogenic environment many new utilities of the land come into existence without additional capital and labour outlay. Since they are public goods, they are paid from taxes in great measure. This way an intrinsic land utility takes a form of a financial product and can be called „intrinsic productivity” of land. The aim of the elaboration is to identify the mechanism that make intrinsic land utility transforms into productivity in monetary units. A conducted research consists in deriving a land rent capitalized in land prices and estimating its share in land value in comparison with the share of lease fees in the different regions of Poland in years 2000-2009. In the authors’ opinion since accession of Poland to the UE a market valorizes intrinsic utilities of land, whereas the new role of capital and labour is distribution of those utilities for consumers.
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Bhang, Seong-Hoon, i Gyoon-Oh An. "A Study on the Institutional Measures for Promoting the Long-term Lease of Public Land in Jeju". Korean Association of Space and Environment Research 26, nr 2 (30.06.2016): 235–63. http://dx.doi.org/10.19097/kaser.2016.26.2.235.
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Liakhovych, Galyna, Olha Pavlykivska, Lesia Marushchak, Oleksandra Kilyar i Svitlana Shpylyk. "The organizational-economic aspects of land relations provision by administrative-territorial reform in Ukraine". Problems and Perspectives in Management 17, nr 2 (27.06.2019): 479–92. http://dx.doi.org/10.21511/ppm.17(2).2019.37.
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The stable development of Ukraine as the agricultural state actualizes a complex of economic, organizational and legal issues, which are concerned with an implementation of the land relationship. The maximum usage of rental tools is the most effective among the existing budget filling mechanisms. The aim of the article is to conduct a research of land relationship by mechanisms of improving the agricultural lands rent management. The object of a study is the interaction of state institutions at different levels of land lease management. The basis of the study is a cognitive method in the patterns of development of the land relationship. Therefore, in the article, the alternative version of the organizational and economic mechanism for the implementation of land relations was proposed with the aim to improve the existing practice that will facilitate the additional financing of local self-government authorities. At the state regulation level, it is proposed to create an informational electronic database, which should display cadastral numbers and location of land plots, as well as information about land plot owners. Measures of control should be fulfilled by such state authorities as State Geo Cadastre and Ministry of Justice of Ukraine. In order to follow a principle of openness, it has been proved that this database should be public. As a result, methodological and organizational tools are based on the algorithm of lease relationship management as the main source of budget filling for local self-government authorities and main tasks for implementation of administrative-territorial reform that were declared by the government.
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Majchrzak, Adam. "THE CONTRACT OF LEASE OF AGRICULTURAL PROPERTY OF THE TREASURY IN THE LIGHT OF FREEDOM OF CONTRACT". Annals of the Polish Association of Agricultural and Agribusiness Economists XIX, nr 4 (10.10.2017): 135–40. http://dx.doi.org/10.5604/01.3001.0010.5177.
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The study discusses the issue of concluding an agreement for the lease of state agricultural land, which is now the basic form of management of APSST real estate. From the point of view of the principle of contractual freedom, circumstances which, under the applicable legal norms, limit this principle are presented. In addition, key elements of the contract are presented from the point of view of the tenant’s interest. Considerations lead to the conclusion that the protection of the public interest is more important than the stability of tenure for tenants.
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Adebimpe, Orekan Atinuke, Adeyemi Bamidele i Ubong John Ekott. "A CRITICAL EXAMINATION OF LAND COST ELEMENTS ON PRIVATE HOUSING DEVELOPMENT IN AWORI LAND, OGUN STATE, NIGERIA. A CASE OF ADO/ODO-OTA LGA." International Journal of Property Sciences 11, nr 1 (30.08.2021): 60–70. http://dx.doi.org/10.22452/ijps.vol11no1.4.
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This study examines the cost elements associated with land acquisition and development and the effect it has on public housing development using Awori land in Ado/Odo-Ota LGA in Ogun state, Nigeria, as a case study. To achieve this, a survey was administered to estate surveyors & valuers and officers of the Bureau of Lands and Survey who are involved in property developments. The findings revealed that land registration cost, lease cost, deeds of assignment were ranked as important. It is also found that there is also a significant relationship between land cost elements and rate of housing development. The study further revealed that there is a positive relationship between the land cost elements and the rate of housing development. In conclusion, this implies that an increase in one of the land cost elements will affect housing development.
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Liu, Xiaolong, i Weidong Qu. "International Real Estate Review". International Real Estate Review 18, nr 1 (31.03.2015): 113–29. http://dx.doi.org/10.53383/100195.
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Since its liberalization in 2003, the urban land lease market in China has experienced substantial growth in terms of both the volume and value of transactions. At the same time, significant transaction premiums are observed in these land transactions; these premiums make the general public skeptical about the emergence of a property market bubble that stems from aggressive bidding in the land market. In this paper, we seek to rationalize this phenomenon by means of the event study method. By using a land transaction dataset from Beijing for the period 2003 to 2013, we find that the capital market reacts significantly to land bidding events. In addition, the land transaction premium observed in the Chinese land market can be explained by the signaling effect, in that developers tend to use the bidding price as a signaling device to disseminate favorable private information to the marketplace.
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Turnbull, Shann. "Democratizing the wealth of cities: self-financing urban development". Environment and Urbanization 29, nr 1 (24.03.2017): 237–50. http://dx.doi.org/10.1177/0956247816685985.
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In conventional urban developments, land and property owners benefit from the uplift in land values that arises from the costly public investments by different levels of government in roads, water, sewerage, transport, education, hospitals and other services, as well as from private investments in production, trade, office, retail, entertainment, sporting and residential facilities. This paper describes the many benefits that come from cooperative land banks that make the development of new urban sites with infrastructure and services self-financing (reducing the need for public investment). They also lower the costs of housing and commercial investments by removing the cost of land. This is achieved by separating the ownership of land (now owned by the cooperative) from the ownership of buildings, and by making the rights of ownership conditional upon use (i.e. use it or lose it). Owners of dwellings get a “dynamic lease” that reflects the value of their investment and in addition obtain shares in the cooperative that capture the value of all sites and community assets. Cooperative land banks can also contribute to financing urban renewal initiatives, although, as the paper describes, this may need supportive legislation.
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Sudrajat, Raharwindy Kharisma, Alfi Haris Wanto i Bambang Supriyono. "Implementasi Kebijakan Pemanfaatan Sewa Barang Milik Negara: Tanah Pengairan Solo Valley Warken Kabupaten Lamongan (Studi di Desa Pelangwot Kecamatan Laren dan Desa Sedayulawas Kecamatan Brondong)". Jurnal Ilmiah Administrasi Publik 007, nr 01 (1.04.2021): 102–12. http://dx.doi.org/10.21776/ub.jiap.2021.007.01.13.
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After the development of the floodway, the Solo Valley Warken Irrigation Land that has not been and is not used for irrigation needs can be used by the subject of the lease by paying a fee that has been determined by the Public Works Office for Water Resources (SDA) of Lamongan Regency so that it can be used to meet the needs of community land. which is increasing. As for the fees that are generated each year, it will be divided according to the cooperation agreement between the Public Company (PERUM) Jasa Tirta I and the Autonomous Regional Government of Lamongan Regency. Although the ratio of effectiveness between the target of receiving retribution and revenue realization is very effective, its contribution to PAD in Lamongan Regency is still far below the average.
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Cheng, Jing, i Xiaowei Luo. "Analyzing the Land Leasing Behavior of the Government of Beijing, China, via the Multinomial Logit Model". Land 11, nr 3 (3.03.2022): 376. http://dx.doi.org/10.3390/land11030376.
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In this paper, the government behavior of leasing different land use rights in Beijing, China, is analyzed using data analysis based on the multinomial logit model. The factors that lead the government to lease different land use rights are considered from the aspects of the land features, geographical location of the land, district economic development, government finance and political tenure of the district head, etc. Considering the factors as the variables, the multinomial logit model is presented to analyze the factors that affect the district government behavior on leasing different land use rights. The data of the variables are obtained in Beijing at the district level from 2004 to 2015. From the results, we can see that the area and price of the land, gross domestic product, foreign direct investment, distance of the land from airport, distance of the land from city center, distance of the land from the nearest industrial park, government fiscal deficit and tenure of the district head all influence the district government behavior on leasing land. Finally, the policy implications are proposed. The results and implications can be referenced by other metropolises in China and other developing countries with public ownership of land.
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Rowden, Rick. "Indian Companies Engaged in Agricultural “Land Grabbing” in Africa: The Need for Indo-african Solidarity Linkages". Human Geography 4, nr 3 (listopad 2011): 72–87. http://dx.doi.org/10.1177/194277861100400305.
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Indian agricultural companies have been involved in the recent trend in large-scale overseas acquisitions of farmland, criticized as “land grabbing”. India has joined China, Kuwait, Saudi Arabia and South Korea among other nations heavily investing in large-scale agricultural projects in Africa and elsewhere. Several factors are driving India's effort to “outsource its food production,” including the Government's growing strategic concerns about ensuring long-term food security and concerns about falling ground water tables. Eager developing country governments have also courted Indian agricultural investors, offering special incentives, including offers to lease massive tracts of arable land on very generous terms at much cheaper rates than land and water in India. The Indian Government has supported this trend through high-level trade diplomacy, foreign aid, and subsidized credit for its agricultural companies investing overseas. Critics call the trend “land grabbing” and claim there have been negative impacts on local peoples, who are often displaced in the process. The public disclosure of lease contracts between the Ethiopian Government and five Indian investors sheds light on the negative ethical, political, human rights and environmental consequences for local people in host countries. New and ongoing advocacy strategies are discussed, including the idea to establish international advocacy linkages between Indian activists fighting for small farmers rights and addressing “land grabbing” actions within India, and small farmers in Africa and elsewhere facing similar problems. One idea is for such linkages to inform Indian citizens who can take action to address the problem of land-grabbing by Indian companies operating overseas. International land rights advocates see a common struggle in which land deals must involve transparent and participatory relations between governments, companies and local democratic communities.
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Novakovska, I., L. Skrypnyk i N. Ishchenko. "Introduction of land market: current issues and development prospects". Zemleustrìj, kadastr ì monìtorìng zemelʹ, nr 3 (28.08.2021): 2. http://dx.doi.org/10.31548/zemleustriy2021.03.02.
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The peculiarities of the free market of agricultural lands are described. The consequences of opening the land market in terms of economic, land and legal components in the system of land relations are presented. The list of conditions for the purchase and sale of agricultural land is highlighted. The specifics of the functioning of the free market of agricultural lands are substantiated. The characteristic of basic normative-legal acts in the sphere of functioning of the land market is given. A comparative analysis of the current state of purchase and sale of land by farms and agricultural holdings. A comparison of the indicators of the number of concluded agreements of purchase and sale of agricultural land, the average value of rent per 1 hectare of land, respectively, by region and price fluctuations per 1 hectare of land when concluding purchase and sale agreements. The foreign experience of land market function with the detailing of the factors influencing the further development is analyzed. In particular, the problems and needs in the functioning of the land market of Poland, Brazil, the United States and the United Kingdom are considered. The possibility of introducing an electronic system such as EMBRAESP, which monitors the main indicators of the efficiency of the urban real estate market, together with city legislation, land regulations and large public works projects that may affect the behavior of real estate markets. Key words: land relations, land market, land lease, land legislation.
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Aleksandrovich Mayboroda1, Victor. "On Inequality of Rights in Agricultural Land Privatization". International Journal of Engineering & Technology 7, nr 4.38 (3.12.2018): 342. http://dx.doi.org/10.14419/ijet.v7i4.38.24497.
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The article examines the institution of agricultural land privatization. Considering the dynamics of modern legislation, considerable attention is paid to the historical overview of the development of regulatory developments in this institution. Currently, due to uncertain meaning of the term "privatization", the author emphasized its semantic content in regulating land relations in general and in connection with the turnover of agricultural land, in particular through the application of content analysis methods in normative materials. In addition, the land purchase was compared with certain provisions of foreign legal systems. The study has led to conclusions regarding the need for formation of independent law enforcement practices for privatization of agricultural land for agricultural use. The author suggests using this term if there is a regional norm on privatization. At the same time, if the regional legislation establishes the date for privatization commencement beyond an obvious planning horizon and does not allow the use of this particular institution, the author offers to transform public property into private using the institution to purchase land granted on a lease basis. The current application of the institute of public land privatization for agricultural use lacks the opposition of semantic burden of privatization to other forms of transformation of public possession into private property. The absence of such opposition in a law enforcement practice provides an opportunity for confusion of privatization and land purchase when considering specific disputes. Today, those participating in privatization, i.e. persons who can potentially purchase publicly owned lands, are in unequal conditions with regard to other methods of acquiring public lands, including through purchase in case of a bona fide rent. The study itself aims to understand the results of public land transformation into private land based on a priori provision on the need to form a competitive environment for the existence of various forms of ownership through economic regulation methods, avoiding the provision of legal advantages to individual forms of ownership.
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Holmes, JH, i LDP Knight. "Pastoral Lease Tenure in Australia: Historical Relic or Useful Contemporary Tool?" Rangeland Journal 16, nr 1 (1994): 106. http://dx.doi.org/10.1071/rj9940106.
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Pastoral leasehold has evolved as the vehicle for the flexible award of property rights and duties in Australia's rangelands capable of serving as an effective public policy instrument while meeting the needs of titleholders. These capabilities were most clearly revealed during the interventionist phase of planned closer settlement. With the loss of policy momentum directed towards further pastoral development and closer settlement, leasehold tenure appeared to be in danger of becoming a bureaucratic anachronism. More recently, however, the sharply escalating revival of public interest in the rangelands is forcing a re- examination of property rights, with renewed interest in lease tenures as policy instruments, within a context of multiple values and uses, many not being readily tied to private land title. We examine the theoretical arguments as well as the pragmatic case for retaining a distinctive regime of limited property rights in Australia's rangelands, focusing on the following issues: matching property rights with resource contexts; balancing internalities and externalities; timing the award of property rights; specificity and flexibility; coordinated administration; and perceptions and expectations. We conclude by identifying the core attributes of an effective property-rights regime based on lease title. These attributes are: clear specification of the property rights of the lessee, designed to meet the resource needs of the enterprise; performance standards with increasing emphasis on sustainable use; capacity to award additional rights, where additional resources can be internalised effectively; specification of the rights of other interest-groups; powers of resumption for more intensive uses; powers to revise lease conditions; and payment of an annual rent. We foresee the revival of the leasehold system as a mechanism for defining property rights and duties precisely, and as an instrument for delivering policies on a wide range of issues concerning the management and use of the rangelands.
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Derevyanko, Bogdan, i Olha Turkot. "ON COUNTERING ILLEGAL HARVESTING BY RAIDERS". Ukrainian polyceistics: theory, legislation, practice 1, nr 1 (kwiecień 2021): 132–41. http://dx.doi.org/10.32366/2709-9261-2021-1-1-132-141.
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The article analyzes the relations between various actors in agro-industrial production during the preparation, the execution of an attack by raiders, and after the attack, designed to collect and appropriate someone else’s harvest. The article aims to identify and provide a general description of raiders’ main actions during encroachments on the crop of agricultural producers. In Ukraine, raiders encroach on successful enterprises. Due to the quality and fertility of soils and natural and climatic conditions in the agricultural sector, conscientious producers can get a high yield. It is most often attacked by raiders during harvesting, using a set of actions. The article defines the main types of such actions: the seizure of a land plot with forged documents or without them; use of physical violence; involvement in their actions of unscrupulous notaries, state registrars, corrupt judges, and officials; the conclusion of lease agreements for shares or land plots with owners who have already leased them to another bona fide tenant; forgery of court decisions remaining in the temporarily occupied territories; registration of the right to lease land plots based on forged documents; appeal to the court with a claim to the enterprise for recovery of real or allegedly existing debt. These actions do not make up an exclusive list since the raiders are continually upgrading and diversifying the ways of encroaching on the harvest. The article briefly describes both the raiders’ actions and the practices to prevent raider attacks and protection after they have been committed. The innovations of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine on Countering Raiding» dated December 5, 2019 are also presented and analyzed, in particular in terms of introducing notarization of individual transactions; coordination of the moments of state registration of ownership of a land plot, the validity of a lease agreement and the time for harvesting; coordination of information from the State Land Cadastre and the State Register of Rights to Real Estate. The need to strengthen the fight against corruption is indicated by developing proposals to increase responsibility for corruption acts by representatives of public authorities. The article points to the future search for ways to counteract the actions described in the article and other raiders’ actions during the preparation and the attack to collect and appropriate someone else's harvest and after it.
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Kravchuk, Iryna, i Illias Illias Akhmetov. "IMPROVING STATE REGULATION OF THE RATIONAL USE OF LAND RESOURCES". Actual Problems of Economics 1, nr 275 (maj 2024): 161–68. http://dx.doi.org/10.32752/1993-6788-2024-1-275-161-168.
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Improving state regulation of the rational use of land resources is an important aspect of the sustainable development of Ukraine's economy. This includes optimizing legal and organizational mechanisms aimed at ensuring effective management of land resources, preserving soil fertility, and protecting the environment. Given the relevance of these issues, it is necessary to develop and implement innovative approaches to land resource management that take into account modern challenges and trends. The main directions for improving regulation include creating transparent procedures in the field of land relations, particularly during the transfer of land ownership or lease. An importantstep is the implementation of electronic services that will simplify and accelerate administrative processes, ensure accessibility of information about land plots and their legal status. This approach will contribute to increasing trust in government authorities and reducing corruption risks. Rational use of land resources also involves the implementation of environmentally balanced farming methods that minimize negative impacts on the environment. This includes the application of modern agro-technologies, organic farming, and soil condition monitoring systems. Government programs to support farmers and agricultural producers in implementing such methods should become an important component of state policy in the agricultural sector. Moreover, it is necessary to strengthen the control over the use of land resources by state bodies and the public. This can be achieved through the creation of effective monitoring and evaluation mechanisms for the condition of land, as well as through the active participation of public organizations in the decision-making processes regarding land resource management. Information and awareness campaigns for the population about the importance of
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Mamatelashvili, O. V., i Ts T. Khisamova. "REGULATION OF SEPARATE ASPECTS OF ECONOMIC SECURITY IN THE SPHERE OF LAND AND PROPERTY RELATIONS". Bulletin USPTU Science education economy Series economy 4, nr 34 (2020): 26–31. http://dx.doi.org/10.17122/2541-8904-2020-4-34-26-31.
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The article presents a scientific consideration of the development of regulation of economic security in the field of land and property relations through the prism of lease relations in the use of covered areas. The main problems in the field of land relations are revealed, which can be addressed by scientific research, including on the further development of methods for calculating the rental rate, which should be an integral characteristic that includes various parameters. The authors concluded that the rent rate should be differentiated taking into account various characteristics reflecting the quality of land resources, their natural fertility, geographical location, the level of economic efficiency of the type of activity planned on a specific land plot. Taken together, the listed characteristics make up the investment attractiveness of land resources. The article defines the principles of economic policy on which the system of ensuring economic security in the field of land and property relations should be built, taking into account the specific features and the level of socio-economic development of the regions. It is noted that opportunities for a balanced and sustainable development of territories are determined not only by the available resource potential, competitive advantages in the level of development, but also by the presence of institutional mechanisms for enhancing business activity of business, including in the land and property sphere. Currently, the most common form of land transactions are transactions for the acquisition of rights to lease state and municipal land. This form of land use is a type of rental relationship in the national economy. The important role of harmonization and establishment of a balance of economic interests of public law entities as land owners and tenants as economic agents is noted. The mechanism for the formation of rent on the basis of the agreed interests of the subjects of rental relations is one of the main institutional tools for land management in the region, on which the efficiency and rationality of their use, sustainable socio-economic development of territories and the state as a whole depend. The key principle of the formation of land payments should be the principle of economic justification of its value.
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Oкhotnikova, Olena, i Iryna Lutsenko. "The role of public authorities in the development of the land market in Ukraine: organizational and legal aspect". Law Review of Kyiv University of Law, nr 1 (15.04.2020): 146–49. http://dx.doi.org/10.36695/2219-5521.1.2020.29.
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The question of the feasibility of becoming a land market in Ukraine has become particularly relevant in view of the European integration processes taking place in the country today and remains one of the most debated in Ukraine.
Based on these considerations, the purpose of this article is to expose the role of public authority in the development of the land market in Ukraine.
Also, in order to avoid duplication of functions by executive authorities and local self-government bodies, in our opinion, it is necessary to create a State Service for Land Management and Land Protection. In doing so, the Ministry of Agrarian Policy and Food of Ukraine, the State Service of Ukraine for Geodesy, Cartography and Cadastre should delegate to the Service tasks, functions for the organization and control of the land market, which is the main and the only direction in this field. The State Land Management and Land Conservation Service can only have such powers that will be used to meet state needs and not the departmental interests of the authority or the interests of its individual officials.
We also propose to adopt the Law of Ukraine "On the State Service for Land Management and Land Protection", which will reveal the organizational and legal mechanism of activity of the authorities, define guarantees for the protection of Ukrainian peasants, and regulate and control the land market in Ukraine.
Introducing the agricultural land market, we have every opportunity to regulate the rules of existence and functioning of the land market in such a way as to give the public authorities the opportunity to realize the ownership of land guaranteed by the Constitution, namely local self-government bodies.
Thus, successful foreign experience leads to the conclusion that, on the one hand, it is necessary to balance the interests and guarantees of producers working on land, and on the other - to protect the interests of its owners. In order to increase the investment attractiveness and economic return of agricultural land, it is necessary to improve the mechanism of their lease.
The problem of the role of public authorities in the field of land market development in Ukraine is not well understood, and the state of legal support for this problem needs further improvement to the relevant EU norms and standards.