公民土地永久使用权及其法院保护的法律模式

Pub Date : 2022-09-01 DOI:10.15544/mts.2022.32
Y. Pyvovar, V. Chorna, N. Pavlovska, L. Shevchenko, Alina Broda
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引用次数: 0

摘要

作为土地所有者的领土社区(地方自治机构)与作为土地永久使用权的公民之间的土地冲突在社会上的蔓延,以及解决土地冲突中土地立法的模糊认识、解释和适用,导致了本研究的开展。本文的目的是制定一种法律模式,以解决土地使用者对地方自治机构撤回其(土地使用者)拥有的土地永久使用权的决定向法院上诉的权利争议。本文的方法论基础是实证主义方法,基于对法规和判例规定的批判性分析,以及形式分析方法和法律分析方法、解释学方法、比较和对比方法。这项研究区分了终止土地所有权的概念和终止土地使用(包括永久使用)的概念。事实证明,这类权利终止的法律依据不同,这极大地影响了争议管辖权的进一步确定。提出了一种已解决的关于权力实体(土地所有人)关于从国家和公共土地中撤回授予个人永久使用的地块的索赔纠纷的模式,在没有人同意撤回的情况下,等等。
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The Right of Permanent Use of a Land Plot of Citizens and the Legal Model of its Protection in Court
Abstract The study is caused by the spread of land conflicts in society between territorial communities (local self-government bodies) as landowners and citizens as users of such lands on the right of permanent use, as well as ambiguous perception, interpretation and application of land legislation in the settlement of such conflicts. The purpose of the article is to formulate a legal model for resolving a dispute over the right of a land user to appeal to a court against a decision of a local self-government body to withdraw a land plot owned by him (land user) on the right of permanent use. The methodological basis of the article is a positivist approach, based on a critical analysis of the provisions of regulations and case law, as well as method of formal and legal analysis, the hermeneutic method, methods of comparison and contrast. The study distinguishes between the concept of termination of ownership of a land plot and the concept of termination of use (including permanent one) a land plot. Is being proved that the legal basis for the termination of these types of rights is different, which significantly affects the further determination of the jurisdiction of the dispute. A model of resolved disputes over claims of power entities (landowners) regarding the withdrawal of a land plot, granted to a person for permanent use from state and communal lands, in the absence of a person’s consent to such withdrawal, etc., is proposed.
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