LEGAL AND REGULATORY SUPPORT OF THE DEVELOPMENT OF A LAND PLANNING FOR ABSTRACTION LANDS FROM COMMUNAL TO PRIVATE PROPERTY

Abstract

In this article is stated that the procedure of the lands’ assignation is particularly relevant. In accordance with the Constitution of Ukraine "Land is the main national wealth, which is under special protection of the state." Because of this, there is a need to analyze the legal framework, to reveal all the intricacies of the Constitution of Ukraine, the Land Code, problems that may arise in the process of assignation lands, and other documents. Land ownership is guaranteed. This right acquires and realizes by citizens, artificial person and by the state exclusively in accordance with Art. 14 of the Constitution of Ukraine. It should be noted that the legal order in Ukraine is based on the principles according to which no one can be forced to do what is not provided by law. Public authorities, local governments, and their officials should act only on the basis, within the powers and in the process provided by the Constitution and laws of Ukraine in accordance with Art. 19 of the Constitution of Ukraine. It should be emphasized that the citizens of Ukraine have the right to get own land free of charge, but many citizens don’t use this right because of their legal ignorance. It can have many reasons, but the main reason is the low level of legal awareness of citizens nowadays. Practical experience shows that citizens who are interested in getting land free of charge, knowing about this right, always try to find out at the place of application for permission to allocate land from state or communal ownership in the local government. According to the previous paragraph, the legal awareness of citizens is not at the highest level, they need to learn current legislation in more details, and if it’s necessary, inquire detailed information from the competent authorities. Often there are cases of queues for getting lands. There is a misconception that it is enough to write a statement without specifying a targeted location and targeted dimensions. As a result, citizens receive a reasoned refusal of their application. Another problem that occurs nowadays, is that citizens believe that they can get land only at the place of their registration, but the Land Code regulates otherwise. It should be noted that if citizens knows all the procedure of abstraction lands apply for permission to get land from state or communal ownership, they should indicate the approximate location and approximate size, as well as they know that their application must be considered within a month. The problem is not considering of citizens' applications. The problem is that the mayor doesn’t ensure the proper work of the executive committee. That’s why most citizens who have not received permission consult with lawyers or attorneys to prove in court that their rights were violated.