THE PLACE AND ROLE OF THE RIGHT TO DISPOSE OF LAND IN UKRAINE

Abstract

The article is devoted to clarifying the legal nature and specifics of the exercise of the right to dispose of a land plot in the legal order of Ukraine. Against the background of the evolution of land reform and the establishment of multi-subject ownership of land, the right of disposal is outlined as the key authority of the owner, which determines the legal fate of the plot, namely alienation, transfer for use, establishment of encumbrances, pledge, inheritance, voluntary renunciation. The content of the authority is revealed through the system of permitted legal actions of the owner and their limits established by public law in view of the special status of land as a national wealth. The instruments for exercising the right of disposal are analyzed in detail - alienation contracts, purchase and sale, exchange, donation, lease as the dominant mechanism for involving land in economic circulation, easements and other encumbrances, as well as inheritance and voluntary renunciation of the right of ownership. The need to improve the procedures for voluntary abandonment and the subsequent transfer of such plots to state/municipal ownership for socially beneficial use is emphasized. Particular attention is paid to restrictions on the right to dispose of land, such as environmental safety, preservation of agricultural land, prevention of concentration and speculation, and protection of strategic resources. It is argued that restrictions must be legitimate, necessary, and proportionate, comply with the rule of law, and balance private and public interests. The scientific positions and basic legislative provisions on the topic are analyzed. The essence of the right to dispose of land is determined.