In the first time on the basis of generalization of norms of Constitution of Ukraine, legal positions of Constitutional Court of Ukraine and other sources of right, a conclusion is formed, that draft of Law № 3296 conflict with the norms of Constitution of Ukraine.

            This draft Law does not recognize the public law status of Ukraine as an independent, sovereign, democratic and legal state, which imposes certain constitutional obligations on the state, one of which is to ensure special protection of land, which according to Article 14 of the Constitution of Ukraine is recognized as the main national wealth.

            This obliges the state to carry out legal regulation of land relations, to perform the function of an independent arbiter in the field of these legal relations, to ensure the preservation of basic national wealth for future generations.

            The peculiarity of the legal regime of land, as the main national wealth, is that it has a dual legal status: public and private.

            Land is an invaluable object of nature, the common use of which is guaranteed by the state to everyone (part two of Article 13 of the Constitution of Ukraine) and at the same time land is an object of ownership, which can be acquired by citizens, legal entities and the state (the second of Article 14 of the Constitution of Ukraine) etc.

            The author of the article because of research came to the followings conclusions:

            1) expansion of jurisdiction of economic courts in relation to the decision of the landed disputes in relation to rights on lot land with the entity of imperious plenary powers, is unconstitutional through their disparity position of the articles 13, 14 and parts the first, fifth article of 125 Constitution of Ukraine;

            2) the provisions of paragraph two of the draft Law № 3296 violate the constitutional principle of specialization of courts, and, in fact, replace public-law relations with privatelaw ones. Such “legislative novelties” unjustifiably and in an unconstitutional way narrow the substantive competence of administrative courts in Ukraine and illegally expand the jurisdiction of commercial courts;

            3) the public law status obliges the state to be an independent arbiter in the field of land relations, to care for the preservation of land as the main national wealth, which is extremely important for future generations, but the practical implementation of the draft of Law № 3296 will not the state of its constitutional responsibilities in terms of guaranteeing special protection of land, ensuring human rights, which will ultimately undermine the authority of Ukraine as an independent, sovereign and democratic state.

Bibliography

Authored book

1. Smokovych M, Vyznachennya yurysdyktsiyi administratyvnykh sudiv ta rozmezhuvannya sudovykh yurysdyktsiy (Jurinkom Inter 2012) (in Ukrainian).