The implementation of the decentralization process, combined with the change of district boundaries and the formation of united territorial communities, and the expansion of the competence of such territorial communities for land management, has led forensic experts to think about new topics.

For today, the administrative-territorial units are: region, district, city, district in the city, settlement, village (the laws say).

The current amendments to the Land Code of Ukraine say that territorial communities now include all state-owned lands located outside settlements borders within such territorial communities (time before it was exclusively within settlements).

We are trying to find an answer to the question where the competence of some territorial communities “outside the settlements” ends and the competence of others “outside…” begins? After all, only information about administrative-territorial units is objectively entered into the State Land Cadastre.

The author is also trying to find an answer to the question: where does the competence of some “outside the settlements” end and the competence of others “outside…” begin? After all, the State Land Cadastre currently includes only information about administrativeterritorial units, which do not include the territory of territorial communities.

The aim of this article is primarily to make the attention of the authorities to the fact that the current state of legal regulation on the delimitation of administrative-territorial units is inextricably linked with the implementation of the competence of the authorities to dispose of land. In these circumstances, there is an inevitable process of formation of mutual territorial claims, double disposal of the same territories, etc., which in the future will be the subject of litigation. The author aims to offer methods of comfortable and effective way out of the current situation, avoiding long-term participation in litigation.

Doing the research we conducted element-by-element analysis of the components of the administrative-territorial system of Ukraine, analyzed the effect of the implementation of administrative reform in the field of land management and land cadastre, and proposed a real scheme out of the situation.

It is concluded that the modern system of administrative-territorial organization of Ukraine is supplemented by a new hybrid element – the territory of territorial communities. The boundaries of such element of territorial organization are not properly established, which causes a number of problems with dispose of land. In particular, there is no clear division of competences between different authorities.

The author proposes to resolve debatable issues in less time-consuming and costly ways, namely: to conclude an act of coordination of the boundaries of the territorial community; order an expert report; settle the dispute over the territory through mediation.

Bibliography

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Theses

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