工程基础设施用地地役权设立立法的变化

Q4 Social Sciences
I. Lytvynenko
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引用次数: 0

摘要

本文论述了工程基础设施建设(能源基础设施除外)土地地役权设立的立法变化。对2020-2021年期间土地立法的主要变化以及与土地地役权形成的各个阶段相关的变化进行了分析。扩大了土地役制种类,补充了土地使用限制代码清单。因此,实现了地役权的主要类型和限制代码的合规性,大大简化了土地地役权在国家土地地籍中的登记。另外,还在讨论在国家土地和市政土地上设立工程基础设施地役权的新程序,该程序允许在一个地块上形成地役权。与旧的法规相比,这将大大简化具有长线性对象的主要工程网络开发的土地地役权的建立。建立这样的土地地役权为整个社区提供了利益,可以作为公共地役权,这种地役权在许多国家都存在,但在乌克兰尚未采用。该程序规定,如果地方议会决定在为地役权地块编制技术文件和登记其权利期间建立地役权,则为此目的保留土地六个月。《土地法》还补充了一项创新,即在转让土地所有权发生变化的情况下,对土地地役权协议的修订不是强制性的,只有在当事各方提出要求时才能进行。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
CHANGES IN LEGISLATION OF THE ESTABLISHMENT OF LAND EASEMENTS FOR ENGINEERING INFRASTRUCTURE OBJECTS
The article is devoted to the legislation changes in regarding the establishment of land easements for the engineering infrastructure development (except for energy infrastructure objects). An analysis of the main changes in the land legislation during 2020-2021 and related to all stages of the formation of land easements was carried out. It was established that the types of land servitudes were expanded and the list of land use restriction codes was supplemented. Due to this, compliance of the main types of easements and restriction codes was achieved, which greatly simplifies the registration of land easements in the State Land Cadastre. The new procedure for establishing land easements for engineering infrastructure facilities on state and municipal lands, which allows for the formation of land easements on a single land plot, is considered. Compared to the old rules of law, this will significantly simplify the establishment of land easements for main engineering networks development with long linear objects. The establishment of such a land easement provides benefits for the entire community and can be as a public easement, which exists in many countries, but has not yet been adopted in Ukraine. The procedure states that if there is a decision of the local council to establish an easement for the period of preparation of technical documentation for the easement land plot and registration of rights to it, the land is reserved for this purpose for six months. The Land Code has been supplemented with an innovation that in case of change of ownership of an encumbered land plot, amendments to the land easement agreement are not obligatory, but are made only at the request of the parties. 
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来源期刊
European Journal of Spatial Development
European Journal of Spatial Development Social Sciences-Urban Studies
CiteScore
0.90
自引率
0.00%
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0
审稿时长
40 weeks
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