scholarly journals Land as an Object of Land Relations: Constitutional and Legal Aspect

2021 ◽  
Vol 7 (6) ◽  
pp. 1033-1042
Author(s):  
Andrii Pravdiuk ◽  
Keyword(s):  
Property Rights ◽  
Legal Aspect ◽  
The State ◽  
Legal Doctrine ◽  
Basic Principles ◽  
Legal Problems ◽  
Unique Object ◽  
Land Relations ◽  
Object Composition ◽  
Special Protection

The article examines constitutional and legal problems of the study of the object composition of land relations. Analysis of scientific views in the national legal doctrine on interpreting the meaning of the term “land” is carried out. It is concluded that the basic principles of land relations are declared in the Constitution of Ukraine, and their analysis enables us to argue that a land is a unique object of legal relations. In the Constitution of Ukraine, the term “land” is used in several meanings, namely as the object of property rights of the Ukrainian people; the object of property rights of citizens, legal entities and the state; the object of the law of the territorial community; the object of special protection by the state. Thus, land relations have a particular subject and object composition. The specific features of the land as an object of legal relations declared in the Constitution of Ukraine determine the content of land relations.

scholarly journals Participation of the state of Ukraine in providing the agreement as a grounds for the transfer of ownership to the land plot

2021 ◽  
pp. 5-8
Author(s):  
Oleksandr BRYHINETS
Keyword(s):  
Property Rights ◽  
Public Relations ◽  
Social Relations ◽  
Current Trend ◽  
Land Ownership ◽  
State Ownership ◽  
The State ◽  
Political Life ◽  
Land Relations ◽  
Ownership Of Land

The paper states that the current civil and land legislation contains numerous internal contradictions regarding the content of the papers, and is not always consistent in resolving various issues. It is necessary to eliminate the contradictions of the provisions of civil and land legislation, as well as to identify priorities in the regulation of land relations, to build a logical conceptual apparatus to protect the rights of legal entities. Public relations of land ownership form the basis not only of land relations, but also of many economic and social relations in society and the state. In cases where land acts as an object of civil turnover as real estate and is the object of property rights and other property rights, relations concerning land are regulated by civil law, but taking into account land and other natural resource legislation. It has been proven that land ownership is traditionally considered in objective and subjective meanings. An extremely important aspect of ensuring land ownership in the modern information society is the creation of joint information resources on state registration, cadastre and cartography. The current trend in the development of land legislation, from the post-socialist period to the present, undoubtedly has a positive dynamics, while leaving the ground for appropriate scientific and regulatory rethinking and improvement. Ukraine is consistently advancing by reforming various spheres of social and political life of society. The transition from predominantly state ownership of land to a variety of forms of land ownership has affected the procedure for recognizing private ownership of land. At the same time, the imperfection and lack of a unified approach to the regulation of land ownership leads to general theoretical problems, to the inability of the regulatory framework.

scholarly journals The main unsettled prerequisite for the deterioration of the qualitative state of natural objects in Ukraine

2020 ◽  
pp. 5-16
Author(s):  
O. Kovaliv
Keyword(s):  
Property Rights ◽  
Scientific Work ◽  
State Regulation ◽  
Agricultural Landscapes ◽  
The State ◽  
Nature Management ◽  
Natural Objects ◽  
Land Relations ◽  
Qualitative State ◽  
The Right

The purpose of the study as a result of exploratory scientific work is to clarify and disclose the main unsettled preconditions in Ukraine, which allows the deterioration of the qualitative state of natural objects, especially in the agricultural sphere. The necessity of eliminating differences between these transactions, the declared norms of the Constitution of Ukraine, and the existing legislation and laws that will be adopted in the future has been substantiated. For this, appropriate cadastral numbers must be assigned to each such natural object, embodying their corresponding geospatial location on Earth (GEO) — within the state border of Ukraine, including the coastal strip of the continental shelf of the exclusive (maritime) economic zone. It has been established that a significant corruption violation and the suitability of state regulation of land relations and nature management on agricultural lands is the absence of a still functioning State cadastre of soils in agricultural landscapes of Ukraine (State Cadastre of the Agricultural Sphere of Ukraine). It was found that due to the absence of a constitutionally declared special Law of Ukraine «On the Right to Use Natural Objects of Property Rights of the Ukrainian People» for a quarter of a century, the rights of their owner (all citizens of Ukraine) are violated and the unauthorized use of the nation’s capital occurs. As a result, the rights, duties and responsibilities of users of natural objects are not standardized, as well as full-fledged requirements for their rational use and protection on a paid basis in accordance with established regulations. This is especially true of fertile soils and other natural resources of the agrosphere. It has been proved that the absence of the Law of Ukraine «On the Right to Use Natural Objects of the Property Rights of the Ukrainian People» together with the State Cadastre of Soils in Agricultural Landscapes of Ukraine is the main prerequisite for the deterioration of the qualitative state of natural objects, especially in the agricultural sphere, in Ukraine.

Implications

2017 ◽  
Author(s):  
Karl Widerquist ◽  
Grant S. McCall
Keyword(s):  
Property Rights ◽  
The State ◽  
Natural Property ◽  
Government Failure ◽  
State Of Nature ◽  
Best Response ◽  
Lockean Proviso ◽  
Definition Of ◽  
Taking Action ◽  
Disadvantaged People

Earlier chapters of this book found that the Hobbesian hypothesis is false; the Lockean proviso is unfulfilled; contemporary states and property rights systems fail to meet the standard that social contract and natural property rights theories require for their justification. This chapter assesses the implications of those findings for the two theories. Section 1 argues that, whether contractarians accept or reject these findings, they need to clarify their argument to remove equivocation. Section 2 invites efforts to refute this book’s empirical findings. Section 3 discusses a response open only to property rights theorists: concede this book’s empirical findings and blame government failure. Section 4 considers the argument that this book misidentifies the state of nature. Section 5 considers a “bracketing strategy,” which admits that observed stateless societies fit the definition of the state of nature, but argues that they are not the relevant forms of statelessness today. Section 6 discusses the implications of accepting both the truth and relevance of the book’s findings, concluding that the best response is to fulfil the Lockean proviso by taking action to improve the lives of disadvantaged people.

Парламент или Советы: российский выбор 1918 года

2016 ◽  
Vol 14 (3) ◽  
pp. 93-99
Author(s):  
Игорь А. Исаев
Keyword(s):  
Legal History ◽  
Direct Action ◽  
The State ◽  
European Countries ◽  
The Political ◽  
Political Systems ◽  
Basic Principles ◽  
Political Form ◽  
The Revolution

The article deals with one of the most important issues in the Soviet political and legal history. The choice of the political form that was established almost immediately after the victory of the Bolsheviks in the Revolution of 1917, meant a change in the direction of development of the state. Councils became an alternative to the parliamentary republic. The article analyzes the basic principles of both political systems and the reasons for such a choice. The author emphasizes transnational political direction of the so-called “direct action” which took place not only in Russia, but also in several European countries.

REKONSTRUKSI DAN REAKTUALISASI LITERASI EKOLOGI SOSIAL ISLAM

1970 ◽  
Vol 13 (2) ◽  
Author(s):  
Heru Kurniawan
Keyword(s):  
Natural Environment ◽  
Social Ecology ◽  
Social Space ◽  
The State ◽  
Ecological Literacy ◽  
Human Interaction ◽  
Basic Principles ◽  
Ecological Awareness ◽  
Social Ecological ◽  
The Social

Literasi ekologi sosial Islam adalah interaksi manusia dengan lingkungan alam, teknologi, dan sosial yang didasarkan pada prinsip dasar Islam. Rekonstruksi literasi ekologi sosial Islam yang bisa direkonstruksi adalah prinsip dasar Islam yang menegaskan posisi manusia sebagai “pemimpin” yang diberi “amanah” untuk mengelola “bumi” atau “lingkungan alam dan sumber daya alam” sebaik-baiknya. Rekonstruksi literasi ekologis inilah yang kemudian akan diaktualisasikan pada masyarakat. Proses aktualisasi adalah kegiatan aktual dalam menanamkan kesadaran ekologi sosial Islam pada masyarakat yang mana dilakukan dalam ruang sosial keluarga, masyarakat, dan sekolah yang diorganisasi oleh negara melalui kebijakan dan peraturan per undang-undangan. Dengan proses rekonstruksi dan aktualisasi yang terstruktur ini, maka negara akan aktif membangun kesadaran ekologis sosial Islam dengan aktif dan terstruktur dengan baik guna mewujudkan basis kesadaran, ilmu pengetahuan, dan tata nilai ekologi sosial Islam pada masyarakat. Literacy on Islamic social ecology is the human interaction with the natural environment, technology, and social which is based on the basic principles of Islam. Reconstruction of literacy on Islamic social ecology that can be reconstructed is a basic tenet of Islam that affirms the human position as a "leader" by "mandate" to manage "Earth" or "natural environment and natural resources" as well as possible. Reconstruction of ecological literacy is then to be actualized in society. The process of actualization is actual activity in instilling awareness of the social ecology of Islam in the society which is done in the social space of families, communities, and schools organized by the state through policies and regulations. With the process of reconstruction and actualization, then the state will actively build social-ecological awareness of Islam in order to realize a base of awareness, knowledge, and values of Islamic social ecology in society.

Konsep Distribusi Pendapatan Dalam Islam

2016 ◽  
Vol 1 (1) ◽  
pp. 85-97
Author(s):  
Moh. Ah. Subhan ZA
Keyword(s):  
Property Rights ◽  
Social Life ◽  
Private Property ◽  
Wealth Distribution ◽  
The State ◽  
Private Property Rights ◽  
Job Opportunities ◽  
The Rich ◽  
The Difference ◽  
Distribution Of Income

The main problem of social life in the community is about how to make the allocation and distribution of income well. Inequality and poverty basically arise not because of the difference of anyone’s strength and weakness in getting livelihood, but because of inappropriate distribution mechanism. With the result that wealth treasure just turns on the rich wealthy, which is in turn, results in the rich get richer and the poor get poorer.Therefore, a discussion on distribution becomes main focus of theory of Islamic economics. Moreover, the discussion of the distribution is not only related to economic issues, but also social and political aspects. On the other side, the economic vision of Islam gives priority to the guarantee of the fulfillment of a better life. Islam emphasizes distributive justice and encloses, in its system, a program for the redistribution of wealth and prosperity, so that each individual is guaranteed with a respectable and friendly standard of living. Islam recognizes private property rights, but the private property rights must be properly distributed. The personal property is used for self and family livelihood, for investment of the working capital, so that it can provide job opportunities for others, for help of the others through zakat, infaq, and shodaqoh. In this way, the wealth not only rotates on the rich, bringing on gap in social life.The problem of wealth distribution is closely related to the welfare of society. Therefore, the state has a duty to regulate the distribution of income in order that the distribution can be fair and reaches appropriate target. The state could at least attempt it by optimizing the role of BAZ (Badan Amil Zakat) and LAZ (Lembaga Amil Zakat) which has all this time been slack. If BAZ and LAZ can be optimized, author believes that inequality and poverty over time will vanish. This is because the majority of Indonesia's population is Muslim.

OWNERSHIP IN THE REPUBLIC OF MACEDONIA AND THE STATE AS THE HOLDER OF THE PROPERTY RIGHT UNDER THE CONSTITUTION IN 1991

2018 ◽  
Vol 28 (6) ◽  
pp. 1993-2005
Author(s):  
Shemsije Demiri ◽  
Rudina Kaja
Keyword(s):  
Legal Aspect ◽  
State Ownership ◽  
The State ◽  
Point Of View ◽  
State Function ◽  
Dominant Form ◽  
Republic Of Macedonia ◽  
General Terms ◽  
Starting Point ◽  
The Republic

This paper deals with the right to property in general terms from its source in Roman law, which is the starting point for all subsequent legal systems. As a result of this, the acquisition of property rights is handled from the historical point of view, with the inclusion of various local and international literature and studies, as well as the legal aspect devoted to the respective civil codes of the states cited in the paper.Due to such socio-economic developments, state ownership and its ownership function have changed. The state function as owner of property also changed in Macedonia's property law.The new constitutional sequence of the Republic of Macedonia since 1991 became privately owned as a dominant form of ownership, however, state ownership also exists.This process of transforming social property into state or private (dissolves), in Macedonia starts from Yugoslavia through privatization, return and denationalization measures, on which basis laws on privatization have been adopted. Because of this, there will be particularly intensive negotiations regaring the remaining state assets.

BASIC PRINCIPLES OF ORGANIZATION AND OPERATION OF THE STATE MECHANISM

2020 ◽  
Author(s):  
Лаура Мусатовна Оздамирова
Keyword(s):  
Public Administration ◽  
The State ◽  
Basic Principles

В статье рассматривается понятие механизма (аппарата) государства, основные принципы, которые лежат в основе организации и деятельности самого механизма государства. Значение этих принципов для эффективного государственного управления обществом. The article discusses the concept of the mechanism (apparatus) of the state, the basic principles that underlie the organization and activity of the mechanism of the state. The importance of these principles for effective public administration of society.

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