THE RIGHT OF USE ANOTHER’S LAND PLOT WITH THE AGRICULTURAL PURPOSES (EMPHYTEUSIS)

Abstract

INTRODUCTION Radical changes in the field of land legal relations, which are introduced by including in Art. 14 of the Constitution of Ukraine 1 , property on land, have led to the creation of a system of proprietary rights on land, among which one of the closest in content to property on land is the right of use another’s land plot for agricultural purposes (emphyteusis). In the civil legislation of Ukraine, the relations about emphyteusis are regulated by the norms of property and contract law. The peculiarity of the legal regulation of emphyteusis under the civil law of Ukraine is the absence of its legal definition, while its essence is contained in the rules that usually regulate the rights and responsibilities of the parts of such legal relations, which necessitates the analysis of the features of this proprietary right to another’s property. Until 2004, the norms of civil law were not applied to the regulation of land relations, except for those property relations that have arose and organically combined with public relations in the field of use and protection of land, natural resources, environmental protection (damages, transfer of ownership of buildings and structures on land plots, inheritance of land plots, civil liability for violation of land law, natural resources and environmental legislation etc.). This is due to the fact that in Art. 2 of the Civil Code of the USSR 2 of 1963 the principle of separate legal regulation of property relations by the rules of civil law was provided, while land, forest, water, mining relations – respectively, by the rules of land, forest, water and subsoil legislation. The reform of this model of legal regulation of land relations took place with the entry into force of the Civil Code of Ukraine 3 of 2003, which re-established provisions for the application of civil law to regulate public relations in use of land, natural resources and protection of environment.