Babetska I. The peculiarities of legal regulation of land easement during the war in Ukraine in 2022-2023

DOI: 10.33098/2078-6670.2023.15.27.1.170-179

Purpose. The purpose of the article is to define the concept of “land easement” and clarify the issue of the mechanism of disposal of land easement during the period of war in Ukraine. The article substantiates the thesis about the ineffectiveness of the “usual peaceful” legal regulation of land easements in the conditions of martial regime in Ukraine. For the effective functioning of the state economy and the production of agricultural products in the conditions of martial law, there are other factors that make it necessary to introduce a special, simplified procedure for access to land during the period of martial law. The article is devoted to the study of the peculiarities of the legal regulation of land easements in the conditions of martial regime. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, dialectical, logical-semantic, logical-normative, system-structural. Results. In the course of the conducted research, the concept of “land easement” was defined. It has been proven that the right of land easement is the right of the owner or land user of a land plot to limited paid or free use of someone else’s land plot. Originality. During the research, it was established that during the martial law, many changes were made to the legislation in the field of land easement regulation. Practical significance. The results of the study can be used in law-making activities for the purpose of legal regulation of public relations in the sphere of legal protection of the use of land easements in the conditions of martial law in Ukraine.

Key words: land easement, easement establishment, easement land use, types of easement, land plot, interested person.

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