Peculiarities of application of the simplified mechanism of land privatization

The scientific publication provides a comprehensive study of the legal grounds which entitle subjects of land relations to the right to implement a simplified mechanism of privatization of state and municipal land plots. The author identifies the main differences between the simplified and the full privatization model. Considerable attention is paid to the right to use a land plot which allows for a free simplified privatization procedure, which means the right of permanent use and lifetime inherited possession of the allocated land plot of state and municipal property by citizens, which arose on the basis of the relevant title documents and was subject to inheritance. The author provides a list of title documents certifying this right. The author analyzes the court practice in cases involving the allocation of land to members of a farm and concludes that each member of this legal entity, regardless of the status of the founder or chairman, and the term of membership, has the right to privatize a land plot under the simplified privatization procedure within the area which was transferred for permanent use. The author proves that the same right may be exercised by members of horticultural associations. The author emphasizes the need for legislative consolidation of a clear legal structure for registration of private ownership of land shares (units), depending on the stage of exercise of the right by the subjects. It is considered expedient to exclude the stage of granting consent by the authorized body to transfer the share to private ownership, since this object is not in communal or state ownership. The author establishes that the object of the statute of limitations is an individually determined land plot, the boundaries of which were formed in the course of land use, i.e., in the course of a legal custom applicable to land law. The user of such a plot is included in the circle of entities entitled to privatization in accordance with Art. 118(1-2) of the Land Code of Ukraine. Based on the law enforcement activities and regulations, the author identifies the features which are characteristic of the object of the simplified mechanism of land plot privatization.