Legal Forms of Civil Circulation of Land

Abstract

The most widespread and regulated are the contracts for the basic natural resource – land. Introduction of proper land market in Ukraine, the abolition of the moratorium on sale of agricultural land in the near future requires serious attention not only from officials and local authorities, but also legislators and researchers in civil land relations. The task of the latter is to facilitate the elimination of contradictory provisions in the current legislation, which complicate and sometimes make impossible the practical realization of the land plots by the owner and user. This article discusses such problems in the process of concluding land legal transactions as limiting or blocking the scope of contractual forms of nature management, which will ensure the legal equality of the parties, their independence and initiative in the use of natural resources, the main of which is the land that is national riches of Ukraine and is under special state protection (аrt. 14 of the Constitution of Ukraine). Agreements in the field of land relations have only a private-legal nature and are recognized as civil-law agreements, despite the fact that most of them are beyond the norms of direct regulation of the Civil Code of Ukraine. This is usually confirmed by reference to Art. 131 of the Land Code of Ukraine, which provides that citizens and legal entities of Ukraine, as well as territorial communities and the state have the right to acquire ownership of land on the basis of civil law agreements on land.