Kovalenko T., Baksheiev O. Problems and prospects of legislative regulation of agricultural lands market in Ukraine

DOI: 10.33098/2078-6670.2023.15.27.1.197-205

Purpose: the purpose of the article is to conduct an analysis of the state of legislative regulation of the agricultural lands market under martial law, to identify legal defects in the specified legislative regulation, and to substantiate ways of improving land legislation aimed at regulating the agricultural lands market in Ukraine in the post-war period. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. During the research, the following methods of scientific knowledge were used: comparative-legal, systemic-structural, analysis and synthesis, and historical method. Results. In the research process, it was substantiated that in the post-war period it is necessary to develop special legal mechanisms of: a) acquisition by foreigners of ownership rights to agricultural lands with certain restrictions regarding the subject-object elements and based on the experience of the EU countries; b) fixing the damage caused to land resources by Russia’s military aggression against Ukraine, its compensation, as well as the restoration of agricultural lands that were damaged as a result of the armed aggression of the Russian Federation; c) ensuring the legal regime of land plots, formed during the period of martial law; d) completion of the reform of the decentralization in the sphere of land relations, which was suspended under martial law. Originality. In the process of analyzing the legal regulation of the agricultural lands market under martial law conditions, the main areas of improvement of the land legislation, aimed at regulating the agricultural lands market in Ukraine in the post-war period, were substantiated, in particular with regard to the subject-object elements of the proper right on land as the main national wealth. Practical significance. The results of the study can be used in the scientific research field – for further development of the problems of legislative regulation of the agricultural lands market in Ukraine, as well as in law enforcement and law-making practice – in the preparation of draft legal acts aimed at improving the legislative regulation of the agricultural lands market.

Key words: agricultural lands, land market, land parcel, land protection, land reform, martial law, reform of decentralization.

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