Free privatization of land and purchase of plots obtained under the right of permanent use, as methods of realization of land rights: problematic aspects

Realization of rights to land, which are guaranteed by national legislation, primarily by the Constitution of our country, is of great importance in the context of a legal democratic state. Restrictions or violations of guaranteed rights must be minimized and eliminated, which can be done by investigating problematic aspects and «weak spots» in the field of land relations, including the right to obtain ownership of land plots from state and communal lands on a free basis, and in relation to the right to buy out plots obtained on the right of permanent use. Thus, according to Article 13 of the Constitution of Ukraine [1], it is established that the state ensures the protection of the rights of all subjects of ownership and management, the social orientation of the economy. All subjects of property rights are equal before the law. Article 14 of the Constitution of Ukraine stipulates that the right to own land is guaranteed. This right is acquired and exercised by citizens, legal entities and the state exclusively in accordance with the law. The article is devoted to the study of actual and, at the same time, problematic aspects related to the realization of the specified rights to land. The analysis of the current legislation and international experience regarding the acquisition of rights to land plots was carried out, the current judicial practice was analyzed on the issues initiated in the research, and proposals were made to solve the existing problems. The influence of the martial law on the realization of the right to obtain ownership of plots within the framework of free privatization, on the realization of the preferential right to purchase land plots, and on general issues of land use by subjects of law in the field of agribusiness is considered. The main focus of the article is on the search for optimal solutions and ways to solve problems that arise in the context of acquiring land from state and communal arrays, the preferential right to purchase a plot of land, and the purchase of plots by subjects who at one time received plots with the right of permanent ownership. use. According to the content of the article, successively, according to the description of the issues, proposals are put forward regarding the improvement of national legislation, the development of special measures and mechanisms aimed at the protection of land ownership rights.