1. ПРАВОВІ ЗАСАДИ ВИКОРИСТАННЯ ЗЕМЕЛЬНИХ ДІЛЯНОК ДЛЯ ГАРАЖНОГО БУДІВНИЦТВА.
- Author
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Шульга, М. В.
- Subjects
PRIVATE communities ,URBAN planning ,LAND title registration & transfer ,LAND use ,REAL property acquisition - Abstract
The article is devoted to topical issues of legal regulation of relations regarding the acquisition and use of land plots for individual and collective garage construction. The article analyzes from a historical perspective the practice of garage construction that developed in Soviet times. It was focused on the development and expansion of the provision of land plots for collective garage construction. Instead, in the context of free use of land plots and the absence of a separate type of designated purpose of land plots for individual garage construction in the legislation in force at that time, the practice of unauthorized construction of individual garages by individual citizens-owners of vehicles on illegally occupied land plots was formed. Such development actually violated the requirements of both land and urban planning legislation. With the legislative consolidation of the principle of payment in the field of land use and the vesting of executive bodies of local self-government with the authority to exercise state control over the use and protection of land, conditions have been created to eliminate chaotic individual development of illegally occupied land plots for garage construction. Such development should be legalized at the initiative of local governments. Particular attention is paid to the analysis of legislative provisions relating to the possibility of free transfer of land plots to garage construction cooperatives. The author provides arguments in favor of refusing to allow such free privatization of land plots by legal entities in the legislative order, which actually affects the balance between the public interests of the community and the private interests of motor vehicle owners. The article also focuses on the problem of reconciling the interests of citizens who need a place to store their cars with the public interests of the State and territorial communities aimed at the rational use of land resources. Particular attention is paid to the analysis of the legal framework governing the transfer of land plots to garage construction cooperatives, and the need to improve the legislation is considered [ABSTRACT FROM AUTHOR]
- Published
- 2024
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