Progressive development of the doctrine of land law in Ukraine is impossible without reviewing the current concepts of the ownership right to land, ties and relations between an individual and land which reflect the main content of the processes inherent in the balanced socio-economic and environmental development. Today’s challenges associated with a prospective lifting of the moratorium on agricultural land alienation, establishment of latifundia and removal of restrictions with regard to who the owners may be require a constructive and adequate response.

The purpose of the article is to analyze the approaches existing in common and continental law countries to the understanding of the ownership right to land, and also to present the author’s own vision of the concept which would be most acceptable for the legal system of Ukraine, with due regard for the national strategy of the State’s sustainable development and the special status of land as the main national wealth.

The study analyzes the empirical approach used in common law countries to the understanding of the ownership right to land. The author characterizes the abstract concept peculiar to continental law countries, according to which land ownership is perceived as a legally recognized and consolidated fact.

The author concludes that legal interests of various actors participating in land relations can often contradict each other, and thus it is increasingly important whether land legislation can maintain the balance of such interests. This is achieved via intervention by the State aimed at ensuring compliance with the principle of priority of public interests over private ones. Rational and fair distribution of public benefit of land is achieved via certain restrictions on land owners and land users established by the State with the purpose of ensuring the well-being of all citizens. The author substantiates that the concept of the ownership right to land as mutual responsibility of a citizen and the State has good perspectives, since the ownership right to land as a limited natural resource is always associated with social needs and responsibilities.

Bibliography

Authored books

1. Dixon M, Modern Land Law (Fifth edition. Cavendish Publishing Limited 2005) (in English).

2. Sydor V, Zemelne zakonodavstvo Ukrainy: suchasnyi stan ta perspektyvy rozvytku [Land Legislation of Ukraine: Current Situation and Development Prospects] (Iurydychna dumka 2011) (in Ukrainian).

Edited book

3. Gray K and Gray S, ‘The Idea of Property in Land’ in Bright S and Dewar J (eds), Land Law: Themes and Perspectives (Oxford University Press 1998) (in English).

4. Natsionalna paradyhma staloho rozvytku Ukrainy [The National Paradigm of Sustainable Development of Ukraine] (Paton B zah red, 2012) (in Ukrainian).

Journal articles

5. Schlanger E and Ostrom E, ‘Property Rights Regimes and Natural Resources: A Conceptual Analysis’ [1992] 68 (3) Land Economics 250–4 (in English).