Constitutional and Legal Regulations of Land Ownership Rights in Ukraine

Abstract

Land as an issue of property rights, is governed primarily by civil, environmental, and land laws. At the same time, the constitutional and legal regulation of land ownership is decisive for all branches of law. The Constitution of Ukraine substantially regulates land ownership by recognizing land as a natural resource and an object of property rights. In addition, the constitutional norms regulate nearly all issues of ownership, the principles of the implementation of property rights, protection and guarantee of land ownership, instructions on subjects of land ownership, as well as an obligation not to use the property to the detriment of a human and society. Such legal regulation of the constitutional right of land ownership in comparison with the constitutions of many countries of the world is more detailed, which is directly related to the importance of land for the national economy and national security. The similar legal regulation is partially observed in the constitutions of most post-Soviet states, where land occupies a prominent place in the constitutional regulation. Art. 14 of the Constitution of Ukraine develops the basic provisions enshrined in Art. 13 of the Main Law. It determines the structure of land legislation and establishes the basic principles of regulation of land relations in modern conditions and in the future. It also defines the legal regime of one of the most important natural resources – land, which is recognized as the main national wealth, which is under special protection of the state. Issues of land ownership should be regulated exclusively by laws as acts of higher legal force, adopted by the Verkhovna Rada of Ukraine in accordance with the established procedure.