The legal basis of expanding the powers of local councils in the sphere of land relations

Abstract

Formulation of the problem and actuality of theme. All the innovations that occur at the legislative level, require study and analysis to ensure the correct implementation of the relevant provisions in practice, especially given the ambiguity of the legal practice which has developed in the land legislation. So now there are many frequent cases when the same legal rules are applied differently in consideration of similar issues. This, in turn, encourages specialists to search for optimal solutions for solving contentious issues with the further distribution of proved options. The most problematic issue under present conditions is the realization of powers of local government in land management.

Analysis of recent of researches and publications. The theoretical basis of this research consists of works of legal scholars: V.I. Andreytsev, V.P. Balezin, Yu.O. Vovk, B.V. Erofeev, I.I. Karakash, N.V. Krasnov, P.F. Kulinich, A.M. Miroshnychenko, V.V. Nosik, Yu.S. Shemshuchenko and others.

The purpose of the article is a comprehensive analysis of the legislation on enlargement of the powers of local government in land relations.

The main material. NowadaysUkraine is in the process of the administrative reform of decentralization. Establishing of such a rule was caused by a number of economic and political conditions for the establishment of stable and effective system of public administration in Ukraine as a whole and at all levels of administrative and territorial structure of the state.

The essence of the decentralization is to transfer of significant powers and budgets of state agencies to local governments. The process of decentralization of power has not gone round the regulation of division of powers on land issues, in particular relations of possession, use and disposition of land.

The process of transfer of power to the local places and implementation of the wide structure of executive power at the local level are provided. Several draft laws are registered in the parliament today. According to them powers of local government can be significantly expanded in the future including in the sphere of land relations.

Conclusions. At present the powers of local governments in land relations has been greatly expanded on the legislative level. Nevertheless, these changes only initiate the implementation of the Concept of reform. They need to be continued and implemented by consolidating and amending the current legislation. According to the concept reformation of management in the sphere of land relations the main authorities of management and provision of services in the sphere of land relations should become local governments, and by the state authorities will remain functions on generalization, monitoring of compliance with the law in the exercise of their powers by local authorities.