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Purposes of Land Law of Ukraine
Type of publication
Straipsnis mokslo, meno, kultūros, profesiniame leidinyje / Article in science, art, culture, professional publication (S7)
Type of publication (old)
S5
Author(s)
Kulinich, P. |
Title
Purposes of Land Law of Ukraine
Date Issued
2020
Is part of
Yearbook of Ukrainian Law: Collection of Scientific Papers. ISSN 2077-4052, 2020, No. 12
Field of Science
Abstract
Purposes of land law as a separate branch of legal system of Ukraine are
researched. Purpose is an obligatory part of any social mechanism. So legal regulation of
land relations must be oriented on achievement of some legal purposes. It was stated in
legal literature that purpose of law (legal purpose) is regarded as form of future in temporary
times. It is a kind of proper status of social relations in current legislation. That is
why purpose in law plays a role of legal instrument which serves to lawmakers as a mode
of organization of all system of legal regulation of social relations. It was also stated in the legal literature that the most significant peculiarities of any
purpose in law is its normativeness, because most of legal purposes are not only desired
result but is obligatory way of activity. That is why legal purpose serves as a regulator
of social relations in any society. Besides, legal purpose is regarded as some model of
social order which is guaranteed by state. So legal purpose is an official orient for legal
practice. It is proved in the article that modern land law of Ukraine has two legal purposes. The
first purpose of land law of Ukraine is protection of land, but second its purpose consists
in promotion of realization of rights and legal interests of participants of land legal relations.
However, the purposes of land law of Ukraine are not equal by its legal force. The
purpose of protection of land should be regarded as the main purpose of land law of
Ukraine. It means that the second purpose of land law of Ukraine might be achieved only
in case of achievement of the first its purpose. Bu other words, modern land law of Ukraine
has to be based on principle provision “no land – no right to land”. The author of the
article proves that if society are not able to protect land it also is unable to secure any
rights to the land. Finally, to streamline activity of all participants of land legal relations
at achievement of the main purpose of land law of Ukraine it is necessary to adopt legal
normative (requirements) of quality status of all types of land in Ukraine.
Type of document
type::text::journal::journal article::research article
ISSN
2077-4052
Language
Anglų / English (en)
Access Rights
Atviroji prieiga / Open Access
File(s)