Peculiarities of land ownership of legal entities under private law

Abstract

Problem setting. The issue of legal entities’ ownership of land plots is considered to be an important one in the field of legal regulation and scientific research, given that land ownership plays a key role in stimulating investment, business development and efficient use of natural resources. Land relations involving legal entities are regulated primarily by the provisions of land law, with some civil law provisions being taken into account. An important classification of legal entities in the context of exercising land rights is their division into private and public. At the same time, scholars base this division on the grounds for establishing a legal entity, the purpose of its activities and the form of ownership. Thus, it is noted that there are differences in the exercise of their rights to land plots by legal entities under private law compared to legal entities under public law. Such differences are manifested, in particular, in the grounds for acquisition, realization and termination of ownership. Analysis of recent researches and publications. The issue of peculiarities of private property rights to land plots of legal entities under private law has not been the subject of a comprehensive study, while some issues have been addressed by such scholars as P. Kulynych, M. Shulga, T. Kovalenko, V. Nosik, A. Miroshnychenko and others. Purpose of the research is to analyze and identify the specifics of private property rights and peculiarities of private law legal entities as subjects of land ownership, and this understanding affects the efficiency of legal regulation of land relations, economic development and rational use of land resources. Article’s main body. Thus, legal entities, as subjects of land rights, have significant opportunities to acquire land plots into private ownership. The procedure for such acquisition may differ depending on the type of legal entity private or public law, as well as its national status domestic or foreign. Legal entities of private law established by Ukrainian citizens or legal entities have the right to acquire land plots for the purpose of conducting business. At the same time, the absence of clear restrictions on the use of land for other activities suggests that such legal entities may also use land plots for other purposes. The classification of land plots by their designated purpose affects the specifics of legal regulation of the acquisition of such land. Thus, land plots of almost all categories may be privately owned by legal entities. At the same time, the law establishes restrictions on the possibility of private ownership of land plots, in particular, defense land. Legal entities acquire ownership of land plots on various legal grounds. The main ones are civil law transactions, inclusion of land plots in the authorized capital, and inheritance of land. Civil law transactions may include various types of contracts, such as sale and purchase, donation and exchange. Contribution of land to the authorized capital is important for the formation of the company’s assets, contributing to its financial stability. Inheritance of land plots is governed by inheritance law and can be applied to legal entities as heirs. In addition to the main grounds, the law also provides for other ways of acquiring land plots. These include court decisions, administrative acts of public authorities and other cases specifically provided for by law. For example, according to paragraph 6-1 of the Transitional Provisions of the Land Code of Ukraine, legal entities that previously had the right to permanently use state-owned or municipally owned land plots may purchase these plots without holding auctions. Conclusions and prospects for the development. Thus, legal entities have ample opportunities to acquire ownership of land plots, which allows them to effectively realize their business and other goals. Legislation provides a variety of legal grounds for this process, which contributes to the flexibility and adaptability of land relations in accordance with the needs of business and other areas of activity. Effective legal regulation of these processes is important for ensuring the rational use of land resources and sustainable economic development.