Peculiarities of the subjective composition of permanent land users

The article is devoted to the topical issues of legal regulation of relations regarding the acquisition of land plots of the respective designated purpose on the terms of permanent use. The author conducts a historical analysis of perpetual usufruct starting from 1918 when landowners transferred land to peasants without redemption. Considerable attention is paid to the characterization of the Land Code of 1990, with a list of individuals and legal entities to whom land plots were granted on the right of permanent use. The author analyzes in detail the case law on the transfer of the right of permanent use acquired in accordance with the established procedure before January 1, 2002 by an individual for the purpose of running a peasant (farm) to a farm with the status of a legal entity, as well as the transfer of such title to successors as a result of reorganization, regardless of the organizational and legal form and type of activity. The author identifies a list of clear steps for the possibility of re-registering the right of permanent use or lease from the founder (participant) of an individual to a farm as a legal entity. The author characterizes the types of activities which may be carried out by permanent land users on agricultural land plots. Based on the results of the analysis of the regulatory framework and case law, the author formulates a list of entities which may currently have the right to permanent use of land plots. Among them: 1) legal entities that may acquire land plots in accordance with Part 2 of Article 92 of the Land Code of Ukraine; 2) individuals who have land plots for personal (subsidiary) farming; 3) individuals who have land plots for peasant (farm) farming; 4) farms that have land plots for running a peasant (farm) economy; 5) legal entities listed in Article 7 of the Land Code of 1990, if they continue their activities, and in case of reorganization – their legal successors, regardless of the organizational and legal form and type of activity.