Принцип свободи договору в земельних орендних правовідносинах

The article examines the principle of freedom of contract in land lease legal relations, particularly in the context of modern challenges of legal regulation. The recognition of land plots as marketable assets, the opening of the agricultural land market, and the necessity of Ukraine’s post-war reconstruction emphasize the importance of contractual regulation of land relations. Special attention in the article is given to the analysis of the legal aspects of implementing the principle of freedom of contract in land lease legal relations, its place within the system of public and private law norms, and its application under martial law and other extraordinary circumstances. It is determined that the principle of freedom of contract in land lease relations is limited due to the need to ensure national and food security, protect landowners’ rights, and promote the effective use of land as a fundamental national asset. It is established that the implementation of the principle of freedom of contract in land law has specific features due to the peculiarities of the regulated object—land as Ukraine’s primary national wealth, which is under special state protection—and the necessity to guarantee national security, food security, and territorial integrity. These features are most evident in land lease legal relations. Moreover, such features depend on the sphere in which these relations arise, the category and type of land plot, its location, and the composition of the subjects involved in lease relations. Key aspects of the legal regulation of land lease agreements are identified, including the peculiarities of their conclusion, modification, and termination. The article outlines the main limitations of the principle of freedom of contract in the field of land and property lease relations, particularly restrictions on the choice of counterparties, the form of the contract, and the conditions of its execution. A conclusion is made about the need for further improvement of Ukrainian legislation to achieve the goals of sustainable development, enhance the efficiency of land use, attract investments into the economy, and find an optimal balance between private and public interests in the field of land relations.