On the Question of the Implementation of Ownership Powers in the Field of Land Relations

Abstract

Land plots owned by territorial communities of villages, settlements, cities, city districts can be combined as objects of their rights with the emergence of their joint ownership and transfer of these objects to the management of district and regional councils, representing the common interest of territorial communities of villages, settlements, cities. At the same time, territorial communities do not lose their ownership rights, but the ownership of district and region does not arise. Only the legal regime of communal property and the authority authorized to manage it changes. District or regional councils become owners instead of the corresponding village, settlements, cities or city districts, depending on which territorial communities unify their property, including land plots. Thus, district and regional councils, on the one hand, are defined as managers of unified land plots, which are the objects of the right of joint ownership of territorial communities, and on the other – recognizes their right of joint ownership on land plots of territorial communities. One of the possible solutions to problems related to the management of unified land plots of communal property is the use of the norms of the civil law institute of trust ownership. This institution is borrowed from Anglo-American law and according to the Civil Code of Ukraine is defined as a special type of property right. Under such a model of legal regulation, the ownership of two subjects comes into ownership on the unified land: nominal owners – territorial communities of villages, settlements and cities (founders of trust property) and trusted owners – district or regional council. It is the district or regional council that will manage the unified land in the interests and in favour of the territorial communities of villages, settlements and cities as founders of trust ownership.