乌克兰人民土地及其自然资源产权保护制度紧急状态的基本原则

O. Kovaliv
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摘要

文章揭示了乌克兰宪法现行土地规范的立即制度化的要求,这些规范已经实施了30多年,乌克兰所谓的“土地和土地改革”与宣布的土地交易不相符,其目的是发展和真正的经济和法律上加强乌克兰国家地位。本文的目的是证实乌克兰人民对土地及其自然资源的产权制度在新乌克兰土地改革中出现的基本原则,作为对乌克兰所有公民合法利益的协同作用的最高量子水平理解的新范式。揭示了《乌克兰宪法》(第13、14条)和《俄罗斯联邦宪法》(第9条)的土地规范之间的根本差异。已经确定的是,在目前的退化和反对国家发展的违宪腐败制度的混合环境中,有必要通过乌克兰宪法法院对现行宪法土地规范提供即时和公平的官方解释,以宪法的方式消除阻力。据发现,由于四分之一世纪以来没有宪法宣布的乌克兰特别法“关于乌克兰人民财产权的自然物体使用权”,其所有者(所有乌克兰公民)的权利受到侵犯,并且发生了未经授权使用国家资本的情况。因此,自然物使用者的权利、义务和责任没有标准化,而且根据既定条例在付费基础上合理使用和保护自然物的要求也不完善。在乌克兰目前的宪法领域,迫切需要进行土地改革,以确保将土地及其自然资源作为乌克兰人民财产权的自然对象和国家主要财富的宪法规范制度化,并受到国家的特别保护。建议通过一些相关的法律法规。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Basic principles of emergency of the system of protection of property rights of the Ukrainian people to land and its natural resources
The article reveals the requirements for immediate institutionalization of the current land norms of the Constitution of Ukraine as carried out over thirty years the so-called «land and agrarian reform» in Ukraine does not correspond to the declared land transactions, which aim at the development and real economic and legal strengthening of Ukrainian statehood. The aim of the article is to substantiate the basic principles of emergence of the system of property rights of the Ukrainian people to land and its natural resources in the accomplishment of land reform in New Ukraine as a new paradigm that develops at the highest quantum level understanding of the synergetic role legitimate interests of all citizens of Ukraine. The fundamental differences between the land norms of the Constitution of Ukraine (Articles 13, 14) and the Constitution of the Russian Federation (Articles 9) are revealed. It has been established that in the current hybrid environment of degradation and opposition to the development of the state by the unconstitutional corruption system, there is a need to unblock the resistance — in a constitutional way, by providing an immediate and fair official interpretation of the current constitutional land norms by the Constitutional Court of Ukraine. It was found that due to the absence of a constitutionally declared special Law of Ukraine «On the Right to Use Natural Objects of Property Rights of the Ukrainian People» for a quarter of a century, the rights of their owner (all citizens of Ukraine) are violated and the unauthorized use of the nation’s capital occurs. As a result, the rights, duties and responsibilities of users of natural objects are not standardized, as well as full-fledged requirements for their rational use and protection on a paid basis in accordance with established regulations. The necessity of urgent introduction of land reform to date is proved — in the current constitutional field of Ukraine, ensuring the institutionalization of constitutional norms regarding the land and its natural resources as natural objects of the property rights of the Ukrainian people and the main national wealth, which is under special protection of the state. It is proposed to adopt a number of relevant laws and regulations.
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