Addressing the Spatial Shortcomings of Agricultural Land Use: Legal Aspects and Obstacles

Abstract

The article presents a multifaceted analysis of the legal norms of the Law of Ukraine No. 2498-VIII on the elimination of spatial shortcomings of agricultural land use through the procedure of formation of agricultural land. Solving the problem of farmland patchwork is relevant and very important for agricultural producers. The problem of practical implementation of legal norms of the Law of Ukraine No. 2498-VIII was revealed through the analysis of the procedure for the formation of agricultural land, establishing the essence of legal norms on the exchange of land use rights within the relevant array and identification of legal gaps in the legislation on impossibility elimination of shortcomings in agricultural land use. It was found that the main legal gaps of the Law of Ukraine No. 2498-VIII are: the lack of guarantees of equal rights of ownership and use of land within the array of agricultural land; ignoring consultations and involving broad stakeholders in cross-border elimination; neglect of the principle of transparency in the formation of an array of agricultural land; lack of provisions on the responsibility and accountability of participants in this process. In the conditions of the agricultural land market, the legal norms of the Law of Ukraine No. 2498-VIII on the elimination of cross-strips and the organization of rational use of land have lost their relevance and are unviable. All this requires the development of new legislation on land consolidation.