The analysis of the results of consideration of the main categories of commercial cases during 2020 gives grounds to assert that a significant part of the cases considered by commercial courts are cases of disputes arising from land relations. This situation is mainly due to the shortcomings of the legislation and the ambiguity of its interpretation. In this aspect, the analysis of the Supreme Court’s practice of the legal regime of certain categories of land in order to promote the formation of established case law becomes significant.

Despite the lack of a legislative definition of the category “legal regime of land”, in the science of land law, it has become widespread.

In the article under the legal regime of lands it is offered to understand the order and conditions of the lands use established by legal norms. In accordance with the first and second parts of Аrticle 18 of the Land Code of Ukraine, the lands of Ukraine include all lands within its territory, including islands and lands occupied by water bodies, which are divided into categories according to the main purpose. Categories of lands of Ukraine have a special legal regime.

The lands of Ukraine according to the main purpose are divided into the following categories: a) agricultural lands; b) land for housing and public buildings; c) lands of nature reserve and other nature protection purpose; d) health-improving lands; e) recreational lands; e) lands of historical and cultural purpose; f) forestry lands; g) water fund lands; g) lands of transport, industry, communications, energy, defense and other purposes (the first part of Article 19 of the Civil Code of Ukraine).

The authors analyzed a number of the Supreme Court’s decisions on the legal regime of certain categories of land, identified legal positions on categories of land, and highlighted problematic issues regarding to the acquisition of property rights and ways to protect land rights.

The article concludes that a significant part of land disputes are disputes over the acquisition of property rights and ways to protect land rights. Further study of the Supreme Court’s legal positions and their enforcement will contribute to the formation of established practice in applying the law in this area.

The purpose of the article is to analyze and summarize the practice of the Supreme Court on the legal regime of certain categories of land.

Bibliography

Authored books

1. Miroshnychenko A, Zemelne pravo Ukrainy: рidruchnyk (2-he vyd, dopovn i pererob, Alerta, TsUL 2011) (in Ukrainian)

Journal articles

2. Sharapova S, ‘Osoblyvosti pravovoho rezhymu zemel za umovy kompleksnoho yikh vykorystannia’ (2021) 1 Pravo i suspilstvo (in Ukrainian).

3. Sydor V, ‘Pravovyi rezhym zemel v zemelnomu zakonodavstvi Ukrainy’ [2010] 8 (119) Advokat 27–31 (in Ukrainian).