Effective protection of private property rights to land as a legal guarantee

The article raises the problems of implementing effective protection of private property rights to land as an important condition for guaranteeing ownership of land. Taking into account the transformation processes of land ownership relations in Ukraine, the need to improve the legal mechanism for protecting private property rights to land is substantiated. Under the protection of private property rights to land, the author implies active actions of its owner and/or authorized bodies aimed at eliminating any violations of such rights, as well as its restoration. Attention is drawn to positive judicial practice regarding the understanding of the ineffectiveness of the cancellation of certain decisions of state authorities or local self-government bodies. The author advocates the use of a negative or vendicative method of protection of land rights in the relations of ownership of a land plot.In particular, if we are talking about a civil process, then an effective way to protect the right to free transfer of a land plot into private ownership of citizens may be the recognition of the right in case of compliance with all the conditions of the procedure for acquiring a land plot specified in the legislation and the conclusion on the illegality of decisions or inaction of state authorities or local self-government bodies. In the case of application of administrative jurisdiction of the relevant category of cases, which is stipulated by the adoption of the Law of Ukraine «On Administrative Procedure», an effective way of protection is the obligation to make a positive decision of the body authorized to dispose of the land plot in the event of establishing the performance by the subject of all actions specified in the special procedure for free privatization. After all, the authorized body in this case is not the direct owner of the disputed land plot, but is only called upon to ensure the legally defined procedure for the distribution of state-owned land. The application of an effective method of protecting the right to private ownership of a land plot is the direct restoration of the relevant right, which does not require further appeal to the jurisdictional bodies. Therefore, effective protection of the right is a direct and key element of guaranteeing the right to ownership of a land plot, which ensures the stability of the relevant right and compensation for losses caused by its violation. The need for legislative regulation in the relevant field should be aimed at determining effective ways to protect the right to private ownership of a land plot by recognizing it or removing obstacles to its exercise, as an appropriate constitutional guarantee of such a right.