LACK OF REGULATION IN DETERMINING THE MOMENT OF CONCLUSION OF THE LAND LEASE AGREEMENT
LACK OF REGULATION IN DETERMINING THE MOMENT OF CONCLUSION OF THE LAND LEASE AGREEMENT

Summary/Abstract: During the formation of a democratic, social, and constitutional state, the institution of the right to land use constitutes a parallel plane of those social values that are organically combined with rights and legitimate interests, inalienable to the normal functioning of life, and therefore requiring objective and secured expression in legislation, especially in the context of legal protection during the exercise of the rights of participants in leasehold land relations. Currently, the topic of leased land use and the necessity of investigating the issue of the moment of conclusion of the land lease agreement is getting increasingly pressing and requires to align legislative texts with the practice of enforcement of the right. In the course of the research the following objectives were completed: 1) the issues of concluding the land lease agreement in Ukraine were found; 2) doctrinal and legislative approaches to determining the moment of conclusion of the land lease agreement were analysed; 3) the judicial practice of domestic judicial authorities was studied with regard to the above issue; 4) the author’s definition of the concept of “the moment of conclusion of the land lease agreement” has been formed; 5) it was established that the moment of acquiring the right to use the land plot, including the resolution of the conflict between the two leases (registered and unregistered) depends on the moment of conclusion of the land lease agreement; 6) it is stated that, within a short period of time, the Supreme Court has repeatedly modified its conclusion regarding the determination of the date from which a lease of a land plot is concluded, becoming an instrument of legal uncertainty.

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