Legal regulation of land parcel normative monetary valuation approval by local self-government authorities

A. Moskalenko, Mariia Khomenko
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Abstract

Introduction. In this paper, the legal nature of decisions made by local self-government authorities regarding the approval of technical documentation for normative monetary land valuation is analyzed. The recognition of these decisions as regulatory legal acts has been a complex issue, resulting in numerous disputes within the Ukrainian judiciary. The aim of this analysis is to enhance understanding and offer guidance on the implementation of these decisions within a legal framework. The purpose of the paper is to assess the legal standing of determinations issued by local self-governing bodies when it comes to the approval of normative monetary land assessments. We aim to determine whether such decisions can be considered regulatory legal acts and how this affects the economic and administrative relations between public administration entities and business entities. Results. During the analysis, key aspects of law as a societal phenomenon, legal norms, normative legal acts, and their history of emergence were thoroughly examined. Technical documentation related to normative monetary land valuation was also extensively explored. Particular attention was given to the history of land appraisal instruments, demonstrating that the primary objective of these instruments has always been to establish the objective natural characteristics of land, upon which land fees are calculated. Conclusion. The results of this research clearly indicate that decisions made by local self-government authorities concerning the approval of normative monetary valuation do not qualify as regulatory legal acts. They do not include mandatory legal norms established by law and do not regulate economic or administrative relations between public administration entities and business entities. In practice, this means that business entities have the opportunity to reduce land fees payable to the local budget. The conclusions of this study, supported by legal doctrine and the practical contributions of legal professionals, can be a valuable addition to the field of land law science and practical activities within this realm.
地方自治当局批准地块规范货币估值的法律规定
导言。本文分析了地方自治当局就批准规范性货币土地估价技术文件所做决定的法律性质。将这些决定认定为规范性法律行为一直是一个复杂的问题,导致乌克兰司法机构内部出现了许多争议。本分析的目的是在法律框架内加强对执行这些决定的理解并提供指导。本文旨在评估地方自治机构在批准规范性货币土地评估时发布的决定的法律地位。我们旨在确定此类决定是否可被视为规范性法律行为,以及这将如何影响公共行政实体与商业实体之间的经济和行政关系。结果。在分析过程中,我们深入研究了作为社会现象的法律、法律规范、规范性法律行为及其产生历史的主要方面。此外,还广泛研究了与规范性货币土地估价相关的技术文献。对土地评估工具的历史给予了特别关注,表明这些工具的主要目标始终是确定土地的客观自然特征,并据此计算土地费用。结论。这项研究的结果清楚地表明,地方自治政府当局做出的关于批准规范性货币估价的决定不属于规范性法律行为。它们不包括法律规定的强制性法律规范,也不规范公共行政实体与商业实体之间的经济或行政关系。在实践中,这意味着企业实体有机会减少应向地方预算支付的土地费用。本研究的结论得到了法学理论和法律专业人士的实际贡献的支持,可以为土地法科学领域和这一领域的实践活动提供宝贵的补充。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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