| Article | Determination of Land Legal Capacity of Cooperatives |
|---|---|
| Authors | Zaika Ya. |
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 10 / 2015 |
| Pages | 150 - 156 |
| Annotation | The discussion of courts applying obsolete rules to the modern legal relations between legal entities under private law and local authorities regarding land plot allocation for housing development was initiated. Reasonable doubts were expressed as to justifying court discretion regarding application of all these issues being regulated by codified and special laws of Ukraine. It was shown the way judicial practice defending state interests provoked corruption risks for the local authorities carrying out their powers of local community land disposal. Discriminatory restrictions for citizens were found in respect of the execution of their right to shelter by setting up and joining cooperatives. Consistent response was provided on unacceptability of such legal approach to solving the problem of protecting the land rights of local communities, based on the study of legal regulation of cooperative activities and their land rights, as well as conceptual grounds, limits and means of local authorities to carry out powers of local community land disposal. |
| Keywords | housing cooperative, local community land disposal, land for housing development, local authorities, law enforcement. |
| References | |
| Electronic version | Download |