Judicial and practical characteristics of the method of protection of land rights of landowners and land users

The article reveals the scientific and practical category of protection of the rights of landowners and land users through the prism of the system of land and legal science and methods of their protection. It also reveals the content of the ownership right to a land plot, which in modern conditions has a fundamental nature and for these reasons needs to be provided by the state with effective mechanisms for its protection and protection. The article examined the scope of the law regarding the ownership and use of land plots, taking into account the legal nature of the land plot as real property. The types of ways of protecting land rights in accordance with the current legislation are defined. The definition of an effective way of protecting land rights is analyzed, taking into account the legal model and material and legal actions necessary to achieve specific tasks facing the protection of the rights of landowners and land users. The article carries out a scientific and practical analysis of the practice of the Supreme Court of Ukraine in the field of methods of protecting the rights of landowners and land users in the essence of a land dispute. The author investigated the direct influence of the chosen method of protection on the form of court proceedings and the results of the court case. The scientific study emphasizes the importance of the correct terminological interpretation when resolving land disputes, referring to the judicial practice of the court of cassation. The emergence of certain land disputes is currently a fairly constant process, which cannot be said about the judicial practice of resolving disputes of this category. Therefore, this article proposes to consider the most relevant conclusions of the Supreme Court regarding the resolution of land disputes. The decisions of the Grand Chamber of the Supreme Court, which resolve procedural issues of civil proceedings regarding evidence and proof and determining the jurisdiction of disputes regarding the protection of the rights and legitimate interests of participants in land relations in the civil proceedings of Ukraine, are analyzed. The conclusion was drawn that, by its legal nature, judicial protection of the rights of landowners and land users is a complex interdisciplinary category, and its implementation in civil proceedings requires the court to take into account the norms of civil, land legislation, etc.

Authors

Publication Details

Journal
Uzhhorod National University Herald Series Law
Published
2024-09-26
DOI
https://doi.org/10.24144/2307-3322.2024.84.2.26
Primary Topic
Land Use and Management
Type
article
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article

Judicial and practical characteristics of the method of protection of land rights of landowners and land users

D. B. Kolba
Uzhhorod National University Herald Series Law
Land Use and Management
article

Judicial and practical characteristics of the method of protection of land rights of landowners and land users

D. B. Kolba
article en

Abstract

The article reveals the scientific and practical category of protection of the rights of landowners and land users through the prism of the system of land and legal science and methods of their protection. It also reveals the content of the ownership right to a land plot, which in modern conditions has a fundamental nature and for these reasons needs to be provided by the state with effective mechanisms for its protection and protection. The article examined the scope of the law regarding the ownership and use of land plots, taking into account the legal nature of the land plot as real property. The types of ways of protecting land rights in accordance with the current legislation are defined. The definition of an effective way of protecting land rights is analyzed, taking into account the legal model and material and legal actions necessary to achieve specific tasks facing the protection of the rights of landowners and land users. The article carries out a scientific and practical analysis of the practice of the Supreme Court of Ukraine in the field of methods of protecting the rights of landowners and land users in the essence of a land dispute. The author investigated the direct influence of the chosen method of protection on the form of court proceedings and the results of the court case. The scientific study emphasizes the importance of the correct terminological interpretation when resolving land disputes, referring to the judicial practice of the court of cassation. The emergence of certain land disputes is currently a fairly constant process, which cannot be said about the judicial practice of resolving disputes of this category. Therefore, this article proposes to consider the most relevant conclusions of the Supreme Court regarding the resolution of land disputes. The decisions of the Grand Chamber of the Supreme Court, which resolve procedural issues of civil proceedings regarding evidence and proof and determining the jurisdiction of disputes regarding the protection of the rights and legitimate interests of participants in land relations in the civil proceedings of Ukraine, are analyzed. The conclusion was drawn that, by its legal nature, judicial protection of the rights of landowners and land users is a complex interdisciplinary category, and its implementation in civil proceedings requires the court to take into account the norms of civil, land legislation, etc.

Uzhhorod National University Herald Series LawVol. 2(84)
Openalex Percentile: Top 74%
Land Use and Management
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