Legal regulation of communal lands management in the city of Lviv
Students Name: Sadovskyi Roman Valentynovych
Qualification Level: magister
Speciality: Land Management and Cadastre
Institute: Institute of Geodesy
Mode of Study: part
Academic Year: 2020-2021 н.р.
Language of Defence: ukrainian
Abstract: Sadovsky Roman, Savchuk LV (supervisor) Legal regulation of communal land management in the city of Lviv. Master’s thesis. - National University "Lviv Polytechnic", Lviv, 2020 Extended annotation This study presents a detailed consideration of the concept and content of communal property. The concept of "land" as an object of communal property is studied. The purpose of communal land management is determined. Peculiarities of legal regulation of administrative relations between local self-government bodies and the executive body of Lviv have been established. Scientifically substantiated recommendations for improving land legislation in terms of communal land management have been developed. The object of research is management relations in the field of land use and protection with the participation of local governments and the executive body. The subject of research - regulations governing the legal regulation of land management of communal property. Research methods. The methodological basis of the master’s research are methods of system and structural analysis, analytical comparison, mathematical formalization, simulation of modeling, the use of which provided the opportunity to solve problems and achieve the goal and the reliability of conclusions. Research results. The concept of "communal property" was first used in the legislation of Ukraine in the Law of Ukraine "On Local Councils of People’s Deputies and Local Self-Government". As of today, communal property, together with state and private, is an independent, equal form of ownership. Communal ownership is a collective form of ownership, as it is the community that acquires ownership rights to urban, village and settlement facilities within clearly defined territorial boundaries. Land as communal property is a part of the environment that is the object of civil law, property relations, located within the settlement of a certain area and is the common property of the community for possession, disposal, use through authorized local governments. The purpose of communal land management is a concentrated expression of the needs of society, which are met through the use of land properties. According to Part 1 of Art. 26 item 34 of the Law of Ukraine "On local self-government in Ukraine", the issue of regulation of land relations in Lviv is resolved by the city council, only in plenary sessions. It is established that the Lviv City Council has the authority to transfer land plots of communal property to the ownership of citizens and legal entities; to provide land plots for use; to withdraw land plots from communal lands; terminate the right to use land plots in cases specified by the Land Code; etc. The analysis of the practice of local self-government activity shows that issues that do not belong to the exclusive competence of the plenary sessions of the city, village, settlement council can be considered at the meetings of the executive committee of the council, etc. It is established that the structural subdivisions of the executive body of the Lviv City Council, which perform functional duties related to the disposal, management, use, improvement and protection of communal lands of the city, include: the Department of Urban Planning and the Department of Land Resources in Lviv. The Department of Urban Development in the field of land resources implements the policy of the city council in the field of land management, providing conditions for rational, economic and efficient use of land; The activities of the Department of Land Resources are aimed at: implementation of the policy of the city council in the field of land relations and organization of land management, organization of the necessary conditions for rational and economic use of land; participation in the development and implementation of city programs for the use and protection of lands of the city of Lviv. Despite the reform of local self-government and the adoption of amendments to the legislation governing communal land ownership, a number of problems remain in Ukraine that need to be addressed urgently. Among the whole list of problems, those that have a pronounced corruption and raider color deserve special attention. At the present stage, in the conditions of formation of civil and legal society, it is absolutely inadmissible to observe raids, bribes, corruption in order to obtain land plots. In domestic law, this is punishable, but the problems of preventive and punitive measures also deserve attention. Another important and urgent issue is the provision of land for use by participants in hostilities. The main task of state policy in the field of land use is to provide conditions for efficient and rational use of land in the interests of meeting the needs of society and citizens. This is possible provided that clear guidelines for land reform are defined, namely: completion of land relations reform, creation of a modern organization of the land and real estate accounting system, land valuation, preservation of land resources potential for future generations. Ways to improve the management of communal land in Lviv are proposed. 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