Genesis of Ukrainian legislation on property lease relations in the sphere of land use

The article is dedicated to analyzing the genesis of Ukrainian legislation on property lease relations in the sphere of land use. It examines the process of formation and development of legal norms regulating land lease relations from the late 1980s to the present. The main focus is on key legislative acts that have influenced the formation of the regulatory framework for property lease (rental) of land, including the Land Code of Ukraine, the Civil Code of Ukraine, the Law of Ukraine «On Land Lease,» and other normative acts. The influence of constitutional principles on the regulation of land lease relations is analyzed, including the provisions of the Constitution of Ukraine regarding the right of ownership of land as a fundamental national asset. Significant attention is given to legal changes that have occurred in the context of land relations reform in independent Ukraine. In particular, the transition from the Soviet system of land use to market-based lease mechanisms and the impact of European integration processes on the legal regulation of land lease relations are examined. The Association Agreement between Ukraine and the European Union, as well as the decision of the European Court of Human Rights in the case of «Zelenchuk and Tsytsyura v. Ukraine,» have become catalysts for changes in land legislation, promoting the liberalization of the land market and the introduction of new mechanisms for regulating property lease. The article also considers legislative changes that took place during the martial law period introduced in 2022 and their impact on the regulation of land lease relations. Despite significant progress in the development of legislation on property lease in the field of land use, several issues remain, including inconsistencies between land and civil legislation, the protection of the rights of tenants and landlords, and the need for further improvement of the legal regulation of land lease relations. The further development of legislation should aim at increasing the investment attractiveness of the land market, improving mechanisms for protecting the rights of participants in lease relations, and ensuring the effective use of Ukraine’s land resources.

Authors

Publication Details

Journal
Uzhhorod National University Herald Series Law
Published
2025-03-17
DOI
https://doi.org/10.24144/2307-3322.2025.87.2.29
Primary Topic
Land Use and Management
Type
article
Field-Weighted Citation Impact
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article

Genesis of Ukrainian legislation on property lease relations in the sphere of land use

B. V. Karapysh
Uzhhorod National University Herald Series Law
Land Use and Management
article

Genesis of Ukrainian legislation on property lease relations in the sphere of land use

B. V. Karapysh
article en

Abstract

The article is dedicated to analyzing the genesis of Ukrainian legislation on property lease relations in the sphere of land use. It examines the process of formation and development of legal norms regulating land lease relations from the late 1980s to the present. The main focus is on key legislative acts that have influenced the formation of the regulatory framework for property lease (rental) of land, including the Land Code of Ukraine, the Civil Code of Ukraine, the Law of Ukraine «On Land Lease,» and other normative acts. The influence of constitutional principles on the regulation of land lease relations is analyzed, including the provisions of the Constitution of Ukraine regarding the right of ownership of land as a fundamental national asset. Significant attention is given to legal changes that have occurred in the context of land relations reform in independent Ukraine. In particular, the transition from the Soviet system of land use to market-based lease mechanisms and the impact of European integration processes on the legal regulation of land lease relations are examined. The Association Agreement between Ukraine and the European Union, as well as the decision of the European Court of Human Rights in the case of «Zelenchuk and Tsytsyura v. Ukraine,» have become catalysts for changes in land legislation, promoting the liberalization of the land market and the introduction of new mechanisms for regulating property lease. The article also considers legislative changes that took place during the martial law period introduced in 2022 and their impact on the regulation of land lease relations. Despite significant progress in the development of legislation on property lease in the field of land use, several issues remain, including inconsistencies between land and civil legislation, the protection of the rights of tenants and landlords, and the need for further improvement of the legal regulation of land lease relations. The further development of legislation should aim at increasing the investment attractiveness of the land market, improving mechanisms for protecting the rights of participants in lease relations, and ensuring the effective use of Ukraine’s land resources.

Uzhhorod National University Herald Series LawVol. 2(87)
Openalex Percentile: Top 94%
Land Use and Management
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