Конституційно-правові аспекти реалізації права власності на землю

The land reform in Ukraine is one of the earliest and most complex in Europe, and its implementation is accompanied by lengthy discussions and legal controversies. This article analyzes the constitutional and legal aspects of this reform, in particular, the issue of the object of land ownership in the context of the Constitution of Ukraine and the adoption of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the Terms of Turnover of Agricultural Land”. The author examines the legal nature of land as a national wealth, as an object of property rights of the Ukrainian people and as an object of civil rights of individuals and legal entities. Particular attention is paid to the analysis of the provisions of Articles 13, 14 and 41 of the Constitution of Ukraine, which define the legal framework for regulating private property rights and land ownership. Based on the constitutional provisions, the author examines the relevant provisions of the Civil and Land Codes of Ukraine which regulate the exercise of land ownership, and determine the range of subjects of acquisition and alienation of land plots, in particular, agricultural land. The author analyzes the scientific debates on the dual nature of land ownership, the relationship between private and public interest, and the issue of determining the subject composition of persons who may have this right. The author examines the positions of Ukrainian scientists of law on legal conflicts and risks associated with the introduction of the land market, as well as the consequences of the adoption of the above-mentioned Law for the land market, economy and owners’ rights. Particular attention is paid to the constitutional submissions of members of the Parliament regarding the unconstitutionality of certain provisions of the legislation regulating the lifting of the moratorium and the conditions for free circulation of agricultural land and the analysis of the position of the Constitutional Court of Ukraine on these issues. The author analyzes the possible consequences of recognizing the mentioned Law unconstitutional, including legal uncertainty, revision of concluded agricultural land alienation agreements and potential changes in law enforcement practice. The results of the research may be useful for lawyers, academics, civil servants and local government officials, as well as anyone interested in the regulation of land relations and the prospects for the development of land turnover conditions in Ukraine.