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This research is aimed at revealing the collection practice of inheritance Acquisition Duty of Right on Land and Building (BPHTB) of Marital Properties in the form of land rights at Regional Finance and Assets Office (BKAD) Sleman and analyzing the practice based on the inheritance and land law. This research is empirical legal research. The data collected in this research are analyzed using a qualitative method and presented descriptively in order to obtain descriptive qualitative results. The result shows that there has been an overpayment of tax that should not be billed in the collection of BPHTB inheritance in the form of land as the marital property at BKAD Sleman since the living widow’s or widower’s right is counted. Land titles as joint assets, if registered only in the name of the heir without registering the spouse's name, the BKAD Sleman does not take into account the spouse’s right to the land titles. This calculation happens because a land certificate as the marital property is registered only under the name of a husband or a wife alone, and BKAD Sleman interprets this condition as that the owner of the certificate is the one whose name is registered on it.

This article is devoted to topical issues of legal regulation of land relations in the state. One of the central issues of land relations in Ukraine - the issue of principles of land law - is studied. The purpose of the study is: analysis of the principles of land law of Ukraine, definition of the principles of land law, classification of the basic principles of land law. The author considers the main criteria for classifying the principles of land law. The concept of principles of land law is defined. Principles of land law are the basic guiding principles, significant ideas, postulates, which are reflected in the laws and regulations of the state and which follow from the content of legal norms, legal doctrine and case law. The author draws attention to the fact that the principles of land law are legally enshrined in both the Constitution of Ukraine and the Land Code. The scientist notes that the above principles are embodied in the basic legal norms and institutions of land law. The importance of the principles of land law is subject not only to the legal regulation of land relations, but in some cases serves as a means of overcoming gaps in land law. The most common qualifications of the principles of land law are studied. One of the new and extremely important principles of land law was the principle of digitalization. All subjects of land relations must adhere to the principles of land law. The principles of land law are designed to provide ideological guidance for the improvement and development of land law. In particular, they encourage the implementation of progressive ideas in the new land legislation by amending numerous legal acts, and as a result, contribute to the improvement of judicial practice in resolving land disputes. The author claims that the principles of land law are being changed and clarified in accordance with changes in state policy in the field of land relations. Based on the analysis of normative-legal and legislative acts, scientific literature, the author has developed and substantiated the conclusions of the research., Дана стаття присвячена актуальними питання правового регулювання земельних правовідносин в державі. Досліджується одне з центральних питань земельних правовідносин в Україні – питання принципів земельного права. Метою дослідження є: проведення аналізу принципів земельного права України, визначення поняття принципів земельного права, здійснення класифікації основних принципів земельного права. Автором розглянуто основні критерії класифікації принципів земельного права. Визначено поняття принципів земельного права. Принципи земельного права – це основні керівні засади, значущі ідеї, постулати, які відображені у законодавчих та нормативно-правових актах державі та які випливають із змісту правових норм, правової доктрини та судової практики. Автор звертає увагу на те, що принципи земельного права є юридично закріпленими, як в Конституції України, так і в Земельному кодексі держави. Вчений зазначає, що вищевказані засади втілені в основні правові норми та інститути земельного права. Важливість принципів земельного права підлягає не лише у правовому регулюванні земельних правовідносин, але й у певних випадках виступає засобом подолання прогалин у земельному праві. Досліджено найбільш поширені кваліфікації принципів земельного права. Одним з нових та надзвичайно важливих принципів земельного права став принцип діджиталізації. Всі суб’єкти земельних правовідносин повинні дотримуватися принципів земельного права. Принципи земельного права покликані здійснювати ідейне керівництво щодо вдосконалення та розвитку земельного права. Зокрема, вони спонукають до втілення прогресивних ідей в нове земельне законодавство шляхом внесення змін до численних нормативно-правових актів, та як наслідок, сприяють удосконаленню судової практики щодо вирішення земельних спорів. Автор стверджує що принципи земельного права змінюються та уточняються відповідно до змін державної політики у сфері земельних правовідносин. На основі аналізу нормативно-правових та законодавчих актів, наукової літератури, автором розроблено та обґрунтовано висновки дослідження.

This writing aims to analyze and identify the legal regulations and politics of registration (certification) of land rights in the context of Indonesian land law, particularly in Law No.5 of 1960 on Basic Agrarian Regulations (UUPA) amidst various agrarian conflicts and legal certainty documents over land rights that occur in Indonesia. This research will also seek to find comparisons that regulate and the politics of registering land rights in other countries. This is a normative legal research method with a statute approach and a comparative law approach. The results of the research show that the UUPA is a legal product in the field of agriculture that is unification for all Indonesians which is a mandate of the provisions of Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. Various agrarian conflicts that occur in Indonesia are caused by problems with land titles. Legal certainty through the certification of land rights is the answer to what agrarian law politics wants, considering that to create agrarian politics that makes people prosperous, protection of the rights inherent in land is needed. Through a clear foundation of rights will be able to increase economic value for landowners and improve the welfare of the Indonesian people at large. The regulation and politics of land registration law in several other countries such as Singapore, Malaysia, Mexico and Ethiopia also show the certification of land rights as an effort to provide protection and legal certainty for land that is used for community welfare.

The article presents a spatial analysis of the prevalence of certain categories of legal problems in Ukraine. The analysis was performed using the database of client appeals of the free legal aid system of Ukraine for 2019 in five categories of problems related to the areas of housing, pension, inheritance, labor, and land law. For each settlement where at least one free legal aid office is located, the share of appeals related to the 5 selected categories from the total number of appeals was calculated. The obtained indicators were used for mapping, correlation analysis and statistical tests. Certain territorial regularities were discovered, as well as correlations of the share of appeals on certain categories of problems with separate social and demographic characteristics of the population at the oblast level were identified. In particular, the share of appeals on housing law at the oblast level is positively correlated with the percentage of households living in apartments, and increases in bigger settlements and their proximity to the oblast center. The share of appeals on land issues is growing from east to west, is highest in rural areas and is positively correlated with the percentage of rural population in the region, as well as the percentage of people employed in agriculture, forestry and fisheries. The share of appeals on hereditary issues is the largest in the western macro-region and small settlements, and also correlates positively with the average household size in the region. Regularities on the prevalence of appeals on labor and pension law could not be found. For all categories of problems, a geographical variation in the prevalence of various legal problems is observed at the oblast level, when the indicators may differ significantly in neighboring districts.

The purpose of writing this article is to provide a conceptual overview of the main ideas and doctrines in the field of land law, which were being researched and substantiated by employees of the Faculty of Law / Institute of Law of Taras Shevchenko National University of Kyiv during 30 years of independence, outlining the main achievements of land law and their practical implementation during this period. The main research method was the analysis and systematization of scientific research at the institutes of land law as a branch of law, science and academic discipline. The method of historical analysis helped to understand the historical and legal preconditions for the formation of a team of specialists who during the times of independent Ukraine were successfully working in land and related branches of law at Taras Shevchenko National University of Kyiv. In conclusion, it is noted that scientists of the Faculty of Law / Institute of Law of Taras Shevchenko National University of Kyiv worthily have represented and developed land law as a branch, science and academic discipline since the very beginning of Ukraine's independence. Within the limits of this article it is not possible to show in full the scientific achievements of the employees of the Faculty of Law / Institute of Law of Taras Shevchenko National University of Kyiv and their students during the time of independent Ukraine. But the described main scientific achievements emphasize the significant contribution of land law science of the Faculty of Law / Institute of Law of Taras Shevchenko National University of Kyiv to the development of the science of land law of independent Ukraine. Due to the active position of the teaching staff at the Faculty of Law / Institute of Law of Taras Shevchenko National University of Kyiv, there grew a worthy scientific constellation of researchers, teachers, practitioners and statesmen, whose main scientific interest was land law with its practical implementation and improvement. Keywords: independent Ukraine; land law; Taras Shevchenko National University of Kyiv; Faculty of Law; Institute of Law.

The relevance of the study: Several factors combine to explain this situation, including the poor equipment of farms and the lack of supervision and strong support from the public authorities. In addition to these factors, the lack of security of land tenure is a major problem facing farmers [1]. This problem of land rights is exacerbated by women's poor access to farmland despite the fact that they make up a very large part of the agricultural labor force. Mali is a country whose economic structure is strongly dominated by the primary and tertiary sectors. In 2017, the contribution of the primary sector accounted for 38.34% of GDP, with a large share for agriculture (19 % of GDP). In 2019, it is estimated at 38.43% of GDP [2]. Malian agriculture remains largely dependent on rainfall. It is characterized by low agricultural yields. Problem of the research. Low access to agricultural property rights is a source of demotivation for women who paradoxically constitute the main agricultural workforce. This lack of a consecrated and explicitly recognized right to land ownership reflects the lack of incentives for women and would explain in part the low productivity and low total agricultural production. Subject of the research: women's right of access to agricultural property and its impact on the country's production. The aim of this paper is to reveal the problems women's right of access to land. The following tasks: is to identify the legal arsenal relating to land law directly and to women's right of access to land ownership and to highlight the practical, social and customary difficulties encountered in the implementation of this right. Subsequently, it is necessary to highlight the link between this poor access to agricultural property rights and the low level of agricultural production in Mali. Methods. To deal with this theme we had adopted a feminist and critical posture. The novelty the adoption of the feminist posture helps us to understand women's discourse in a context marked in practice by the implicit denial of women's right to access agricultural land ownership. The paper concluded that he critical approach makes it possible to go beyond this observation to try to understand the relations of force and power between men and women in the particular context of the country. As the result women's right to access land ownership is a recognized and inalienable right in Mali. However, sociological, customary and religious constraints make the implementation of this right on the ground problematic. As a result, despite their significant weight in the agricultural labor force, women have little access to land, farms, inputs and equipment. The corollary of this situation is their low agricultural yield and their low contribution to agricultural value added.

The overarching aim of this thesis is to provide an account of how the law currently engages with human vulnerability within mortgagee home possession claims. The main body of the thesis is comprised of five chapters. Chapter I explores literature examining vulnerability as a concept, before setting out an analytical framework for thinking about vulnerability which is then used in the legal analysis offered in the following chapters. Chapter II examines the role that the mortgagee’s right to possession has played in both constituting possession-related vulnerabilities and shaping the legal landscape in such a way as to limit arguments premised on vulnerability. It also considers procedure’s potential for opening up argument grounded in vulnerability, comparing the court’s narrow inherent jurisdiction with the Pre-Action Protocol which governs possession claims by lenders. Chapter III moves on to look at the court’s statutory powers to control possession orders, both under section 36 of the Administration of Justice Act and section 129 of the Consumer Act 1974. Chapter IV explores the influence of regulation. It charts the Financial Conduct Authority’s recent work on vulnerability and explores the relationship between this work, lender decision- making and the relevant provisions in the FCA Handbook. Chapter IV also looks at the role vulnerability plays in Financial Ombudsman Service (‘FOS’) complaints about lenders through an analysis of FOS database decisions. Finally, Chapter V considers the scope for human rights and discrimination challenges to make relevant different types of mortgagor vulnerability. Five overarching research questions are answered in the thesis’s conclusions. These questions are: (1) Is vulnerability an expressly used concept? (2) How do legal rules engage with general and individual ideas of vulnerability? (3) What role do particular source(s) of mortgagor vulnerability play within the repossession process? (4) Does the law recognise that mortgagors are vulnerable to different types and degrees of harm? (5) How are arguments about mortgagor vulnerability closed down? The conclusion also reflects upon how mortgage possession law’s overarching approach to vulnerability has changed over time, with the introduction of new legal developments., Arts and Humanities Research Council

This chapter provides an introduction to land law and the subject’s foundational principles. Land law is the law of real property. It is ‘that part of the general law which governs the allocation of rights and responsibilities in relation to “real” or “immoveable” property’. Land law is about rights in things; in other words, rights in the land rather than rights which are merely personal to the people who created them. More specifically, land law creates a framework in which a variety of relationships between people and land can operate. Land law is concerned with the nature, creation, and protection of rights in land and, also the content of those rights.

This chapter examines the relationship between land law and human rights. From a distinctly land law perspective, the human rights discourse has given rise to much debate, which continues to fuel much academic commentary including recent examination of the availability of horizontal effect in McDonald v McDonald in the Supreme Court and in the European Court of Human Rights. The chapter focuses chiefly on the two most pertinent provisions of the European Convention on Human Rights (ECHR) for land law; namely Art. 1 of the First Protocol and Art. 8 and reflects on the, at times, difficult relationship between land law and human rights.

It is devoted to the study of the legal nature of the «agrarian cluster» as a new business entity in the agro-industrial complex of Ukraine in the conditions of opening the land market and decentralization of agricultural lands. The scholar examines the decree of the President of Ukraine and the resolution of the Cabinet of Ministers of Ukraine, which allow territorial communities to dispose of agricultural land at the local level and thus develop agricultural business at the regional level in terms of «agricultural cluster». The author analyzes the legislative support for the activities of «agricultural clusters» in our country through the prism of land law, agricultural law, commercial law and the provisions of scientific doctrine. The main programs of the Government of Ukraine for the last ten years, which were related to the development of the cluster movement in the country, are studied. The legal definition of «agrarian cluster» is studied through the prism of scientific doctrine and foreign experience and the author’s interpretation of this legal institution is offered, which must be included in our current agrarian and commercial legislation. In addition, the author reveals the fundamental legal problems that exist in law on the legal regulation of «agricultural clusters in Ukraine and offered to take a special legal act that would regulate the relationship of these agricultural and amend the commercial legislation. The scientist emphasizes in the article the need to develop and adopt a special state and legal program at the legislative level, which will provide financial, legal, economic, investment and organizational conditions for the creation and operation of «agricultural clusters» in the country and attract foreign investors. Moreover, in the scientific work analyzing the current land legislation and proposes to resolve the legal issue of ownership and use of agricultural land for commercial agriculture «agricultural clusters in the functioning of the land market in subsequent years in Ukraine.

Iḥyā’ al-mawāt is one of the methods to own certain land in Islam. Anyone who clears land and works on it has a right of ownership on the land. The method to own land by iḥyā’ al-mawāt is actually was practiced in Tanah Melayu before the British colonialisation. However, during the colonial period, they introduced a land system which is known as the Torrens system. The Torrens system is a system of land administration in which registration is very important to recognised land ownership and it is in contradiction to iḥyā’ al-mawāt. This principle was applied through the enforcement of the National Land Code. The question arises whether ihya’ al-mawāt can still be applied and recognised under the Malaysian land law. Therefore, the objectives of this paper are to discuss iḥyā’ al-mawāt and also to determine its place in the Malaysian land law. This paper which employs the content analysis method of court case and statute finds that iḥyā’ al-mawāt is not recognised under the Malaysian land law and further, it is an offence under section 425 of the National Land Code.

The article defines the concept of land relations, as well as their relationship with property and administrative relations.

The rational use of natural resources in land law is understood as the increase in the ecological efficiency of the use of natural resources, including the quality improvement. the paper identifies the types of public relations concerning the rational use of natural resources in land law: 1) improvement of the state of the natural environment and the ecological situation in general; 2) improvement of the quality of land as a separate natural resource and a natural object; 3) land reclamation; 4) land restoration; 5) additional reproduction of land fertility; 6) other relationships aimed at improving the sustainability of environmental systems of which land is a part. On the example of Part 2 Art. 8.7 of the Administrative Code of the Russian Federation, Para. 2 of Art. 45, Para. 2 of Art. 46 and Para. 1 of Art. 47 of the Criminal Code of the Russian Federation the paper shows the significance of differentiation between rational and sustainable use of natural resources in land law for law enforcement. The proposed differntiation leads to overcoming legal uncertainty when bringing to administrative responsibility and forced termination of rights to land plots for failure to fulfill mandatory measures for the land improvement. The author substantiates the supression from the objective side of the administrative offense provided by Part 2 of Art. 8.7 of the Administrative Code of the Russian Federation, of the failure to act on mandatory improvement of lands. The reasons for the proposed change of the rule include: 1) the absence in law enforcement practice of the facts of bringing to administrative responsibility under Part 2 Art. 8.7 of the Administrative Code of the Russian Federation for failure to comply with mandatory measures to improve lands; 2) recognition by courts in most cases of the design of part 2 of Art. 8.7 of the Administrative Code of the Russian Federation as a formally defined crime; 3) the study of Part 2 Article 8.7 of the Code of Administrative Offences of the Russian Federation in the science of Land Law exclusively in the context of the failure to implement mandatory measures to protect land and soil; 4) only social relations in the field of preservation and protection of land against negative impact can be the object of an administrative violation.

Indonesia menganut sistem publikasi negatif dalam kegiatan pendaftaran tanah, dimana negara tidak menjamin kebenaran data yang disajikan dalam sertipikat. Hal ini sekilas menggambarkan kondisi tidak dijaminnya kepastian hukum dalam kegiatan pendaftaran tanah, sehingga banyak pihak yang menginginkan agar pemerintah mengganti kebijakan pendaftaran tanah kearah Stelsel Positif. Penulis tertarik mengkaji lebih lanjut dengan tujuan agar didapatkan pemahaman secara filosofis tentang sistem publikasi pendaftaran tanah yang berlaku di Indonesia. Penelitian ini merupakan penelitian hukum normatif yang bersifat deskriptif dengan menggunakan data sekunder. Hasil analisis menunjukkan bahwa pada dasarnya sistem publikasi negatif yang dianut Indonesia bukanlah sistem publikasi yang tidak menjamin kepastian hukum. Hal ini karena sistem publikasi negatif tersebut tidak berlaku untuk selamanya, tetapi hanya berlaku selama 5 tahun. Sistem publikasi negatif di Indonesia tetap menganut unsur positif, dimana pemerintah akan menjamin kebenaran data yang disajikan setelah 5 tahun tanah didaftarakan. Pembatasan tersebut justru bertujuan untuk memberikan perlindungan hukum terhadap pemilik tanah sejati, sehingga dimungkinkan adanya gugatan oleh pihak yang merasa berhak dalam waktu 5 tahun sejak diterbitkanya sertipikat secara sah. Secara filosofis, system ini sangat sesuai dengan nilai hukum yang hidup dalam masyarakat, dimana tanah harus diperoleh dengan itikad baik, diduduki secara nyata dan memeliharanya. Lebih lanjut ketentuan tersebut disempurnakan oleh hukum pertanahan nasional yaitu dengan mendaftarakan hak, untuk memperoleh kepastian dan perlindungan hukum. Sebaiknya pihak yang merasa berhak atas tanah, benar-benar menguasai tanahnya secara nyata, menjaga dan melakukan pendaftaran hak, sehingga perlindungan dan kepastian hukum diperoleh meskipun dengan stelsel negatif. Kata kunci: kepastian hukum; pendaftaran tanah; perlindungan hukum; sistem publikasi. ABSTRACT Indonesia adheres to a negative publication system in land registration activities, where the state does not guarantee the accuracy of the data presented in the certificate. This at first glance illustrates the condition where legal certainty is not guaranteed in land registration activities, so that many parties want the government to change the land registration policy towards a positive system. The author is interested in further research with the aim of obtaining a philosophical understanding of the land registration publication system prevailing in Indonesia. This research is a normative legal research using secondary data. The results of the analysis show that basically the negative publication system adopted by Indonesia is not a publication system that does not guarantee legal certainty. This is because the negative publication system is not valid forever, but is only valid for 5 years. The negative publication system in Indonesia still adheres to a positive element, where the government will guarantee the correctness of the data presented after 5 years of registration of the land. This restriction aims to provide legal protection for the true land owner, so that it is possible for a claim by parties who feel they are entitled to within 5 years of the legally issued certificate. In this way, legal certainty as the objective of land registration is achieved. Philosophically, this system is in accordance with the legal values that live in society, where land must be obtained in good faith, occupy it in real terms and maintain it. This provision is further enhanced by the national land law, namely by registering rights to obtain legal certainty and protection. It is better if those who feel entitled to land really control their land in real terms and register the rights, so that protection and legal certainty are obtained even with a negative system. Keywords: land registration; legal certainty; legal protection; publication system.

The work describes stratification of a land servitude as a branch of civil and land law and as a part of regulation over the exercise of real rights. The work identifies historical, ancestral, and structural features of servitude functioning with the goal to improve relations emerging in private-legal and public-formation areas. We have determined that servitudes on land resources are not only participants in relations, which are presented in the form of civil legal relations but also are a regulator of a general civil idea about the usage of the owner’s property including the necessary factors. The relevancy of the research is based on the fact that for the first time land servitudes are examined not as a category of land law, whose source is the branch of civil law, but as a doctrinal system of legal competence from civil circulation. The article shows how the status of land changes when transferred from the branch of property transaction laws to its doctrinal understanding in the form of modernising branch principles of law. Practical application of this aspect of the issue is possible under the condition of its functioning in countries that apply the servitude for purposes of structural functioning and development of the general legal system.

This study examines sustainable agricultural development in Vietnam by focusing on rice production in the Mekong Delta. Vietnam is the third largest rice-exporting country in the world and more than 90% of rice for export is from the Mekong Delta. We attempt to identify changes in the rice industry, specifically examining farming mechanization, trends in farm operation, and farm household economy. The main structure of our study is based on our direct interviews with 420 farmer households, 81 registered large farm owners, 75 farming service providers, and local government members. We carried out those interviews in 2013 and 2014. We identified several important changes brought by technological advances, economic modernization, government policies, and environmental movements. One important finding was the increasing trend of agricultural land per farmer household, such as from 1.98 to 2.27 ha in 2010 to 2018, and the decreasing trend of labor force, which pushed up agricultural mechanization. Another point was the land law revised in 2013, which allowed farmers to borrow (no private land ownership in Vietnam) farms up to 30ha/household if registered as a &ldquo, Trang Trai&rdquo, farm. Farmers accepted the use of tractors and combine harvesters, however, rice seed sowing was not mechanized, so rice transplanters were rarely used for rice planting. Among the processes of rice production, sowing of rice seeds was the least mechanized. In order to achieve more sustainable agricultural practices, we recommend improving the mechanization of the rice seed sowing process for the Mekong Delta farmers with acceptable conditions. Another finding was positive movements among Mekong Delta researchers and farmers to improve their rice quality to be accepted as high-quality rice in the global rice market and to dispel the bad reputation of the past.

The protection of paleontological material occupies one of the central places in the field of preservation of objects of historical and cultural heritage. Each country has its own legal traditions and system for the protection of fossil sites on its territory. In this article, attention is paid to the legislative regulation of the search, collection and collecting of paleontological objects in Canada. The experience of this country is of particular interest for Russian practice. Unlike other countries, Russia and Canada are united by the similarity of climate, geography and natural conditions, the presence of permafrost and deposits with fossils. Therefore, the Canadian experience in the protection of paleontological objects deserves separate consideration. В Based on the analysis of the legislative acts of the provinces and territories of Canada, the article examines the features of legal regulation in this area and the organization of the state system for the protection of fossil remains. The novelty of the work lies in the fact that the focus of the study is on the formation and distribution of ownership rights to fossil objects and fossils. This allowed us to come to the following conclusions: all fossil objects, as a cultural and historical value, are owned by provinces and territories, which prevents their transformation into a commodity unit; the organization of the protection of paleontological objects has a horizontal structure, where the priority is not federal authorities, but provincial and territorial.

Hukum Agraria Nasional atau Hukum Tanah Nasional yang dituangkan dalam UU No. 5 Tahun 1960 tentang Peraturan Dasar Pokok-pokok Agraria dibangun dari hukum adat sebagai asli hukum bangsa Indonesia menjadikan konsepsi-konsepsi, asas, kaidah dalam hukum adat yang tidak bertentangan dengan jiwa bangsa Indonesia berlaku untuk membangun hukum agraria nasional sejak tahun 1960. Termasuk di dalamnya asas pemisahan horizontal dianut oleh UUPA. Ternyata penganutan asas pemisahan horizontal ini tidaklah mutlak, sebab berlaku juga asas perlekatan atau verticale accessie. Sejak awal hukum agraria nasional mengatur asas horizontale scheiding beginsel juga verticale accessie. Tulisan ini hendak menunjukkan perwujudan asas pemisahan horizontal dan verticale accessie terletak di mana dalam hukum agraria nasional ini.

Applicability of UUPA, a step forward in the land law, but with the foundation of land tenure and the former western lands that are not owned by an individual into a state land "directly controlled by the State to the maximum benefit of the people", it becomes a big problem, what is it? Proof of ownership of land should be formal and based on the written evidence proved village government (Lurah), how to indigenous peoples who are not familiar with reading and writing, they are farmers working in the tradition to the next. In the Local Rules Samin people not give legal protection to ownership. Meanwhile the Lebak’s District Government issued Decree’s No. 32, 2001 About Protection of Land Rights Baduy society, to guarantee the continuity of the Baduy. This local regulation should be used as an example for legal protection against indigenous peoples.