Introduction
One of major and meaningful objects of public domain is earth. The state landed resources, along with other resources of the state, must be instrumental in development of economic potential of country. Accordingly, a state policy in area of the landed relations must be instrumental in the optimum use of the landed resources for the purposes of development of economy on the whole.
The relations of own make the basis of vital functions of any society and material basis of existence of everybody. The domain was always related own to material sufficiency and presence of power. The category of own takes central seat in the system of social relations and determines the bases of state and public line-up.
Special seat in the system of relations of own is taken by the problem of own on earth as a native condition of vital functions of man and society.
With the problems of own on earth the features of different forms of its realization are interlinked, foremost, orders by the landed stakes, their lease, receipts of land rent and dr. All these actual problems have large theoretical and practical. The problems of the landed relations and own on earth always came into notice of many economists of different countries and epoches. To these problems such classics and visible researchers of economic theory spared considerable attention as: F.Kene, U.Petti, A.Smit, D.Rikardo, K.Rodbertus, K.Marks, A.Marshall, the V.I.Lenin. Landed relations were analysed in the Pososhkova I.V. labours, Radisheva A.N., Chernishevskogo N.G., Bogdanova V.I., Stolipina P.A. After a 1917 year and to beginning of 30th years different aspects of the landed relations explored N.I.Buharin, A.V.Chayanov, the S.G.Strumilin. Landed (including rent) relations in USSR in post-war years analysed Bulatov A.E., Bolgov A.V., Belyaev I.T., Emelyanov A.M., Zagay-tov I.B, Lisov HER., Karnauhova E.S., Kuzin V.F., Pashaver B.I., Smirnov I.K., Tihonov N.A. and others.
Considerable contribution to the question of becoming of relations of own on earth in Ukraine was brought in by the works P.F. Kulinicha, V.V. Spout, V.I. Semchika, N.I. Titovoy, N.V. Shulgi and dr. Aught the question of own on earth, which is the key element of the landed reform in Ukraine, is affected in works of such scientific, as A.S. Danilenko, A.M. Tretyak, M.M. Fedorov, I.A. Razumniy and others.
At the enough wide spectrum of researches of problems of own on earth in a transitional economy many their questions still very debatable and are not enough explored.
Purpose of the given research - to analyse the problems of right of ownership on earth and make suggestions about the possible improvement of the landed legislation.
Problem put by the decision of the following tasks:
1. analysis of the institutional providing of ownership rights on earth;
2. to consider the forms of own on earth and select basic forms on earth in Ukraine;
3. to explore a question about the necessity of sale of earths from auctions (not s/h values) and select the priority forms of own for settlements.
All these questions are actual and need deep research taking into account the features of modern stage of transition to the market economy.
1. Forms of own on the land in Ukraine
Summarizing world practice, the relations of own are considered as sanctioned by society, but not necessarily by the state, relations between people in relation to the use of property, and, in particular, earths.
From point of society, toownership come forward how the «rules of game», which put in order the relations between separate subjects menage, are. From point of legal or physical entities, they are the «bunches of competence» for acceptance of decisions concerning that or other resource.
For more complete idea of relations of own on earth we will give determination of basic types of rights.
Right for the domain by lot land - this the possibility of actual domain by an area is based on a law.
Right for the use by lot land is possible by a law possibility of economic exploitation of earth without interference from the side of the state taking into account defence of neighbouring land tenure and from the degradation processes of earth.
Right for the management (including order) by lot land is possible by a law possibility to determine the legal fate of area, in particular, to change the function of its use and carry out the agreements of the purchase-sale, mortgaged, grant in the lease and etc.
A right to the profit from lot land is possibility of receipt of profit from the actual domain by an area as rent or income, got as a result production exploitation and etc.
Right to the capital cost is possibility of receipt of profit by the proprietor of lot land as a capital as a result of its functioning (the uses) in a different form.
One of irrefutable positive moments of the modern landed reform is that appeared starting conditions for development of different forms of own on earth.
Today the state declares three forms of own on earth: state, communal and private. Setting the right of communal ownership on earth a new Landed code of Ukraine actually does not mention about the right of collective ownership. However really and formal legally the right of collective ownership on earth and lot lands is definite after a plenty of subjects.
Not to continue practice of piling up of questions with the complicated procedure of their decision, I suggest to enter two forms of own on earth in Ukraine - private and public. This idea is almost realized in the norms of the operating Landed code, where it is set, that physical and legal persons are the legal subjects of peculiar on lot lands.
I suggest to acknowledge at a legislative level exactly two forms of own on earth, on the following reasons:
1. it will give possibility more draws up clearly legal mode of lot lands which are found in private or public own, as a form of own will be a determining sign exactly, but no legal subject.
2. my opinion, there is no of principle difference from point of the legal adjusting of the landed relations between legal subjects into each of marked higher forms of own.
In relation to a peculiar is concretely definite legal (physical or legal person)subject, which on own discretion owns, uses and disposes of the property, not violating the order of legislative norms here.
In relation to public own, territorial community, and will realize the state the right of ownership on earth through the proper organs of power. The organs of power will realize the given them right of ownership in a specific - management, as an object of right directly does not belong to the public servant.
It ensues from aforesaid, that then there is no necessity in the input of procedure of differentiation of earths on state and communal, in the offered variant such differentiation will bring none positive, as after differentiation the order of the use of earths and state, and to community property will be regulated by the sole legislation.
2. Priority land-tenure in the town of Ukraine
A question about own on earth indissoluble is related to the market of earths. On today the market of earths is perceived exceptionally as a purchase-sale of lot lands. Lease of earths as one of determinatives of market relations is undeservedly found on the second plan. It touches the mortgage of earths, about the necessary input which so many discussions are conducted to. But the institute of mortgage of the landed real estate until now remains not practically filled with legal norms especially judicial.
The last years a discussion about the necessity of sale of lot lands on auctions is conducted. However through the improper normative settlement of procedural questions both preparations, and directly conducting of auction, there are the variants of sale of lot lands through auction at the understated price.
Presently in the foreign developed countries the landed policy is directed on nationalization of earth in a town, as greater part of city earth is found in a peculiar. For example, in Montreal - 95% earths private. In Spain practically all earth is found in a peculiar. Earth in the center of London is sold extraordinarily rarely, because almost all of her is found in a peculiar. In defiance of widespread opinion a peculiar on earth in the developed countries not at all is general.
In the USA - than the state is "younger" from the moment of the education, the stake of federal own on earth is higher in him.
Municipalities of the United States try to buy up city earths at possibility - a peculiar forges their actions on development of city infrastrukturi in nature protection measures.
When city earth becomes mainly private, a city has not the money for own development. This conclusion is easily confirmed on the example of large cities of world with a different form of own on earth. Those cities which the form of own on earth is mainly private in, as a rule, are bankrupts. New York which the big business of planet is concentrated in is a classic example. But this city is a permanent bankrupt exactly that is why that does not handle mainly the earth. In instance where city earth becomes mainly private, a city has not the money for own development. Earth has to be bought out at a market price, and money in a budget, as a rule on these purposes it is not. And huge charges on modernization of communal infrastrukturе, which today it is needed to carry to the city economy, will be complemented by charges on redemption only yesterday state earth at sole owners.
For non-admission of such situation a question about development of auctions on acquisition of right for the lease on earth must be decided in the near time and the landed auctions on the sale of lot lands must be conducted as an exception for realization of attractive business-projects. The thus rescued facilities must be expended exceptionally on coverage of charges of realization economic unattractive, but extremely necessary for a city projects.
Conclusion
The management by landed-resource potential engulfs all spectrum of public relations. Organization of the system of management by this potential must be directed on stimulation of business, investment activity and rise of efficiency of the use of agrarian property which as an object of entrepreneurial activity serves by the definite guarantee to stability of business and reproduction of capital with the proper profit for every landowner and land tenure.
Own on earth this one of the most essential questions in realization of Ukrainian economic reform, on the whole, and landed, in particular. Therefore, must be basic directions of change of priorities of landed reform improvement of economic relations of own on earth. It is necessary change a generous amount, as material that and judicial norms on acquisition and realization of rights toearth.
The inculcated balanced and adequate machineries of government control of market of earths will give possibility to a full degree to realize the right of ownership and other rights to lot lands by all subjects of the landed relations.
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Important note
At writing of the given abstract of thesis work is not yet completed. Final completion: December 2009. The complete text
of work and materials on a theme can be got at an author or at a leader after the indicated date.
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