土地所有制变迁背景下土地改革的制度陷阱

V. Zakharchenko
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摘要

文章考虑了在土地所有权变化的背景下乌克兰土地改革的制度性支持的专题问题。研究的目的是揭示乌克兰土地所有制制度的本质和意义,以避免乌克兰土地改革最后阶段土地所有制形式变化带来的制度陷阱。研究表明,农业用地是乌克兰最大的自然财富,应尽可能合理利用。事实证明,在向市场关系过渡的过程中,土地改革要尽可能成功地进行。在土地关系中,特别是在农业用地的产权制度方面,有必要改造旧的制度,创造新的“游戏规则”。应当指出,在这些机构中也有产生消极结果的机构;V.M. Polterovich将其定义为制度陷阱。研究发现,制度陷阱是由于在乌克兰实施土地改革期间,不加批判地应用新自由主义理论对包括土地在内的经济关系进行全面放松管制而造成的。由于大众土地所有权转变为公共和私人土地而出现的制度陷阱,特别是:违反关于普遍土地所有权的宪法规范;土地所有权不协调规范的出现;土地占用交易的高估及其有效利用的低估背景非法取得、购买的地块合法化;将土地从国有转为公有,以简化私有化计划;以取得地块为形式盗窃底土的;通过注册土地所有者和租户进行土地欺诈的现象增多;激活土地掠夺;因侵犯所有权而低估土地价值;低估了国家在保护土地所有权方面的作用。提出了避免和平滑与改变土地所有权形式的交易相关的制度陷阱的方法。重点是农地有效利用交易,而不是农地所有权交易。关键词:土地改革,农用地市场流转,制度,制度陷阱,土地所有制形式(国有、公有、私有)
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Institutional traps of land reform in the context of land ownership changes
The article considers topical issues of institutional support of land reform in Ukraine in the context of changes in ownership of land. The purpose of the research is to disclose the essence and significance of land ownership institutions to avoid institutional traps associated with the change of forms of land ownership at the final stage of land reform in Ukraine. It is shown that agricultural land is the largest natural wealth of Ukraine, so it should be used as rationally as possible. It is proved that the land reform was to be carried out as successfully as possible in the transition to market relations. The need to transform old and create new institutions or "rules of the game" in land relations, in particular, property institutions on agricultural land, is justified. It is noted that among these institutions there are also those that produce negative results; V.M. Polterovich defines them as institutional traps. It is found that institutional traps were caused by the uncritical application of the theory of neoliberalism on total deregulation of economic, including land, relations during the implementation of land reform in Ukraine. Institutional traps that appeared as a result of the transformation of popular land ownership into communal and private land, in particular, such as: violation of constitutional norms on universal land ownership; the appearance of dissonant norms of land ownership; overestimation of the land appropriation transaction and the background of underestimation of the transaction for its effective use; legalization of illegally obtained and purchased land plots; transfer of land from state property to communal to simplify their privatization schemes; theft of subsoil under the form of acquisition of land plots; increase of land fraud from registration of land owners and tenants; activation of land raiding; underestimation of land value due to infringement of ownership; understatement of the role of the state in protecting the ownership of land. Ways of avoidance and smoothing of institutional traps associated with transactions to change forms of ownership of land are proposed. The emphasis is on the transactions of effective use of agricultural land, and not the transaction of ownership of them. Key words: land reform, market turnover of agricultural land, institute, institutional trap, form of ownership of land (state, communal, private).
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