Abstract
Content
- Introduction
- 1. Actuality
- 2. Aim of work and analysis of research
- 3. Lease of earth of water fund
- 4. Typical cases of violations at the lease of earth of water fund
- 5. Violation at the lease of earth of the agricultural setting
- Conclusions
- References
Introduction
Earth is an original source of the natural blessings and is the necessary condition of life and activity of everybody in society. Earth is that resource the rational use of which will allow to score competition advantages in the civilized world, will enable to show out a national economy on the high-quality new level of development, therefore earth is the special object of civil legal relations.
Earth and other natural resources is used and guarded as basis of life and activity of people. As compared to other natural resources earth executes the most wide and meaningful functions in the system of public relations. Violation of the landed law and order, nonperformance or unproper execution of legal requirements, subzero tell on the use and guard of earths. By the major element of providing of the rational use and guard of earths, defence of rights and legal interests of owners of earth, land user is application of the legal facilities of influence, sent to the removal of violation of land legislation and stopping of his further development, renewal of the broken right and bringing in guilty in violation to responsibility.
1. Actuality
One of possible methods of using earth, acquiring lately all large actuality, there is possessing lot land on a right for a lease. The institute of lease has the features for the different categories of earths. In practice meet great number of problems at the lease of lot lands of different categories, that is related to imperfection of legislation, by duplication of one norms other, by the vagueness of functions of different organs of power on questions of lease of earths. Overcoming all problems is impossible, therefore I chosen two directions is a lease of earths of water fund and lease of agricultural earths, so they are most actual. The mechanism of purchase-sale of most earths of the agricultural setting does not work presently, because in Ukraine a moratorium operates on the purchase-sale of such earths, therefore a lease is the most accessible and comfortable method of using earth in agriculture. Taking into account the special value of agricultural earths, there is enhanceable interest to the lease of earth from the side of leaseholders. The rational using of earths of the agricultural setting for a long lease supposes serious attitudes of leaseholder toward earth, restoring and developing agriculture in Ukraine the same helps a leaseholder to develop the business. Lease also is one of forms of introduction of the new system of aquicultural relations. The use of earths of water fund and water objects for the receipt of profit is very tempting employment both for the subjects of management and for the state. Lease of earths of water fund is an effective form of the use of water objects, because carries in itself the maintainance of this asset in the property of the state, but here enables more effective to use him with the purpose of receipt of maximal income. The state is advantageous to lease out water objects and earths of water fund, because in this case a leaseholder is execute equipping with modern amenities of territories of water objects at due control from the side of the state, the sanitary state of reservoirs gets better, and also budget money facilities enter from taxes and collections, auctions on the sale of rights for the lease of lot lands.
2. Aim of work and analysis of research
A purpose of work and analysis of research of my work the Primary purpose is development of suggestions on perfection of normative-legal base of lease of earths of water fund and agricultural setting.
Research object: earths of water fund: ponds, beaches; agricultural earths. Article of research: legal relations at the lease of earths of water fund and earths of the agricultural setting. Scientific task: exposure and systematization of the problem vexed questions of lease of earths of water fund and agricultural earths and findpath their overcoming.
3. Lease of earths of water fund
Concordantly st.58 ZKU [1] earths, which seas, rivers, lakes, bogs, are on, belong to earths of water fund, by storage pools, islands, not busy forests; off-shore defense’s zonal along Maureies, rivers and round reservoirs, except for earths, busy the forests; hydraulic engineering’s, other aquicultural buildings and ducting’s, and also earths, selected under the bars of taking for them; waterside bars of water-ways. Analyzing this article of code, maybe, that exactly composition of earths of water fund is determined by the concept of earths of water fund.
Grant of lot lands of water fund in a lease regulated a ch.4 item 59 ZKU [1] and ch.1 st.6 VKU [2]. In obedience to these reasons, to the citizens and legal entities from earths of water fund can the organs of executive power or local self-government be passed subject to conditions lease lot lands of off-shore defences zonal, right-of-ways and waterside bars of water-ways, and also lakes, storage pools, other reservoirs, bogs and islands for haymaking, fishery needs, cultural-health, recreational, sporting and tourist aims, carrying out research works.
The water objects of national and local value are certain in st.5 VKU [2], presented on a picture 1, 2
Figure 1 – Chart of water objects of national value
Figure 2 – Chart of objects of local value /p>
In obedience to an item 87 VKU [2] for creation of the favourable mode of water objects, warning of their contamination, obstruction and exhausting, elimination of surrounding plants and zoons along Maureies, round lakes, storage pools and other reservoirs bank-protection areas within the limits of which areas are selected under off-shore defences zonal with limitation of certain types of economic activity with the purpose of guard of superficial water objects from contamination and maintainance of their hydraulicity are set (st.st. 58-60 ZKU, st.st.88-91 VKU).
In obedience to Order of determining size and scopes of bank-protection areas and mode of economic activity in them [4] a bank-protection area has internal and external scopes. The internal border of bank-protection area coincides with a minimum water level in a water object. Principle of establishment of external border the zone water protection of area presented on a picture 3.
Figure 3 – Principle of establishment of external border the zone water protection
4. Typical cases of violations at the lease of earths of water fund
Presently there are violations, related to adjusting of the mode of the use of water objects, given in a lease. Typical cases, most meetings in practice, were exposed in master's degree work – at the lease of ponds and beaches. These problems were considered, analysed and systematized in model groups (Table 1).
Table 1 - Systematization of violations at the lease of earths of water fund
Systematization of violations at the lease of earths of water fund Concordantly p.1 st.22 ZKU [1] "earths, given for the production of agricultural goods, realization of agricultural research and educational activity, placing of the proper production infrastructure, including infrastructure of wholesale markets of agricultural produce, belong to earths of the agricultural setting, or intended for these aims".
Analyzing ch.2 st.22 ZKU [1] it is possible to mark that earths of the agricultural setting are divided by two large groups: agricultural lands and nonfarm. To the first group behave: plough-land, pastures, haymakings, long-term planting and beds, to the second are polezaschitnye forest bars, economic ways and other protective planting, except carried to lands of silvicultural appointment , and also earths under economic buildings and courts, earths under the infrastructure of wholesale markets of agricultural produce.
According to item 3 of Art. 22 of ZKU [1] farmlands are provided in rent: to citizens; to the agricultural enterprises; to agricultural research establishments and educational institutions, rural technical training colleges and comprehensive schools; to the nonagricultural enterprises, establishments and organizations, religious organizations and associations of citizens; to the wholesale markets of agricultural production.
The citizens of Ukraine can lease lot lands for the conduct of the personal peasant economy (st.33 ZKU); for the conduct of the individual or collective gardening (st.35 ZKU); for the truck farming (st.36 ZKU); mowing and cattle pasture (st.34 ZKU); conducts of commodity agricultural production – possibly as by the conduct of farm (see of item 31, 32 ZKU) which is a legal entity, for the course of business a physical person - by a businessman without status of legal entity (st.st. 58,128 KHKU).
5. Violation at the lease of earths of the agricultural setting
The cases of violations, meetings in practice at the lease of earths of the agricultural setting, were exposed in master's degree work. These problems were considered, analyzed and systematized in model groups (Table 2).
Table 2 - Systematization of violations at the lease of earths of the agricultural setting
Conclusions
In this work studied and analyzed normative-legal base, regulative leasings relations. Were exposed and systematized violations of lease of earths of water fund and agricultural earths, meetings in practice.
Ways of decision of these problems are in further development. In future in master's degree work I will offer measures and methods on the improvement of the checking for the uses of earths of water fund and agricultural setting system.
Master's degree work is in the stage of development, therefore the article reflects the state of research now. Completion of work is planned in January, 2013 Complete text of work and materials on the topic can be got for an author or his leader after the indicated date.
References
- Земельный кодекс Украины от 25.10.2001 № 2768-III [Электронный ресурс]. – Режим доступа: http://zakon4.rada.gov.ua...
- Водный кодекс Украины от 06.06.1995 №213/95-ВР [Электронный ресурс]. – Режим доступа: http://zakon4.rada.gov.ua...
- Хозяйственный кодекс Украины от 16.01.2003 № 436-IV [Электронный ресурс]. – Режим доступа: http://zakon4.rada.gov.ua...
- Постановление КМУ «Об утверждении порядок определения размеров и границ водоохранных зон и режима хозяйственной деятельности в них» от 08.05.1996 № 486 [Электронный ресурс]. – Режим доступа: http://zakon4.rada.gov.ua...