乌克兰公民、外国人及无国籍人土地法人之特征

S. Chernik
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摘要

本文论述了土地法中自然人的法律地位。研究的目的是研究乌克兰公民、外国人和无国籍人的土地法律人格,并确定其特征。揭示了法律理论中“法人”的概念及其结构。土地法律人格的概念已经形成,它应该被理解为法律保障的拥有土地权利义务、取得土地权利义务、使用土地权利义务和履行土地权利义务的机会。突出了土地法律人格区别于民事法律人格的特点。法人人格的构成要件是法律行为能力和法律行为能力。确定土地法律行为能力是指对土地具有权利义务的能力,土地法律行为能力是指自然人以其行为为自己取得土地权利并独立行使土地权利的能力,以及以其行为为自己创设土地义务并独立履行土地义务和不履行土地义务时承担责任的能力。科学家对自然人土地法律人格的界定,特别是对土地程序法律人格的分离的立场进行了研究。通过对乌克兰立法的分析,证明了乌克兰公民、外国人和无国籍人的土地法人资格的范围是不同的。乌克兰公民在土地方面享有最大范围的权利和责任。特别是,获得土地的权利,包括从农业用地中获得土地的权利,在国家中享有优先权。与此同时,如该条所述,对乌克兰公民可以拥有的土地的组成和数量有某些限制。分析了外国公民和无国籍人土地法人的特点。规定了取得农业用地所有权的限制。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
FEATURES OF LAND LEGAL ENTITY OF CITIZENS OF UKRAINE, FOREIGNERS AND STATELESS PERSONS
The article is devoted to the legal status of natural persons in land law. The purpose of the study is to study the land legal personality of citizens of Ukraine, foreigners and stateless persons, and to determine its features. The concept of "legal entity" and its structure in the theory of law are revealed. The concept of land legal personality has been formed, which should be understood as the legally guaranteed opportunities to have land rights and obligations, acquire them, use them and fulfill them. Features of land legal personality that distinguish it from civil legal personality are highlighted. The components of legal personality are legal capacity and legal capacity. It was determined that land legal capacity is the ability to have rights and obligations regarding land, land legal capacity is the ability of a natural person to acquire land rights for himself by his actions and exercise them independently, as well as the ability to create land obligations for himself by his actions and fulfill them independently and bear responsibility in case of their non-fulfilment. The positions of scientists regarding the definition of land legal personality of natural persons, in particular, regarding the separation of land procedural legal personality have been studied. Based on the analysis of the legislation of Ukraine, it has been proven that the land legal personality of citizens of Ukraine, foreigners and stateless persons differs in its scope. Citizens of Ukraine have the largest range of rights and responsibilities regarding land. In particular, the right to acquire a land plot, including from agricultural land, which is given priority in the state. At the same time, there are certain restrictions on the composition and amount of land that can be owned by citizens of Ukraine, as stated in the article. Peculiarities of land legal personality of foreign citizens and stateless persons are considered. Restrictions on acquiring ownership of agricultural lands are specified.
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