Civil Law Principles Implementation in the Relations of Purchase/Sale of Agricultural Land

Abstract

The article highlights the theoretical and practical issues related to fixing the preemption right to purchase agricultural land in the legislation of Ukraine and seeks to substantiate possible ways of their solutions, based on the fundamental principles of civil law. The author concludes that the preemption right to purchase agricultural land, provided for in part 2 of articul 130 of the Land Code of Ukraine, by its legal nature differs significantly from other pre-emption rights to purchase property fixed in the legislation of Ukraine, since it does not cohere with the concept, purpose, and implementation mechanism of such rights. This right is not dependent on the subject's other civil rights; it is provided for by law according to territorial criteria; it has no functional prescription and purpose like other pre-emption rights. In addition, the right to pre-emptive purchase of agricultural land implies corruption risks and creates preconditions for rights abuse. Based on the conclusions, the author proposes to improve the legislation on the purchase and sale of agricultural land by repealing part 2 of articul 130 of the Land Code of Ukraine. Gaps in regulating and imperfection of the formulating of the norm of part 2 of articul 130 of the Civil Code of Ukraine do not provide appropriate conditions for the effective implementation and effective protection of this right. As a result, the solution of existing problems in the field of law enforcement of this norm can be carried out only on the basis of such principles of civil law as reasonableness, good faith, freedom of contract and judicial protection of civil law and interest.