Permission for the development of a land management plan for a land plot allocation as an administrative service: A theoretical approach for legal practice

Yuriy Pyvovar; Iryna Pyvovar; Andriy Babyak; Yurii Nazar; Sergiy Ostrovskiy

Yuriy Pyvovar National Aviation University, Ukraine
Iryna Pyvovar National Aviation University, Ukraine
Andriy Babyak Lviv State University of Internal Affairs, Ukraine
Yurii Nazar Lviv State University of Internal Affairs, Ukraine
Sergiy Ostrovskiy National Academy of the National Guard of Ukraine

Keywords: Administrative services; administrative justice; land management; land plot allocation; administrative and land law.

Abstract

The agrarian sector of any agricultural country is always the most attractive for citizens and business. The free acquisition of a land plot by citizens from territorial communities or the state is, on the one hand, guaranteed by the Constitution of Ukraine, and on the other hand, it is one of the most problematic rights in the conditions of gradual reduction of the respective land allotments. On this basis, the disproportionality between supply and demand gives rise to numerous conflicts between citizens and authorities, which are most often resolved in courts. At the same time, the imperfection of the Ukrainian legislation leads to ambiguous judicial practice in resolving relevant disputes, which is considered inadmissible, especially for the candidate countries for the European Union membership. The purpose of the article is to substantiate the position, according to which the activity of a governmental authority in granting citizens the permit for the development of a land management plan for a land plot allocation should be recognized as an administrative service. To achieve this goal, the following general legal and branch methods of perception of social phenomena are used: formal and legal method, comparative and legal method, state and legal modelling method, and others. The main results are the construction of an algorithm of normative arguments, which prove that the permit for the development of a land management plan for a land plot allocation is a type of administrative services. The reasons are provided for the necessity to enshrine the list of services in the field of land relations, which have the status of administrative services, in the legislative act, as well as to develop standard provisions for such administrative services.

Downloads

Download data is not yet available.

Author Biographies

Yuriy Pyvovar, National Aviation University, Ukraine

Professor, Ph.D. In Law, Head of the Constitutional and Administrative Law Department, National Aviation University, Ukraine

Iryna Pyvovar, National Aviation University, Ukraine

Ph.D. In Law, Associate Professor of the Constitutional and Administrative Law Department, National Aviation University, Ukraine

Andriy Babyak, Lviv State University of Internal Affairs, Ukraine

PhD in Law, Associate Professor, Head of the Department of Operative-Search Activity, Lviv State University of Internal Affairs, Ukraine

Yurii Nazar, Lviv State University of Internal Affairs, Ukraine

Professor, PhD in Law, Professor of the Department of Administrative Law and Administrative Process, Lviv State University of Internal Affairs, Ukraine

Sergiy Ostrovskiy, National Academy of the National Guard of Ukraine

PhD in Law, Senior Lecturer of the Department of State Security, Kiev Faculty, National Academy of the National Guard of Ukraine

References

CMU (Cabinet of Ministers of Ukraine). (2013). Resolution: On approval of the Procedure for maintaining the Register of Administrative Services, dated January 30, 2013, No. 57. Government Courier, 2013, 23. URL: https://zakon.rada.gov.ua/laws/show/57-2013-%D0%BF?lang=en

DBDRP (Department of Business Development and Regulatory Policy). (2019). Official cite: Register of administrative services of local state administrations and bodies of local self-government (by administrative units of Ukraine). Last modified June 6, 2019. URL:
http://www.me.gov.ua/Documents/Detail?lang=uk-UA&id=2207e40c-b8ab-486f-a1a4-496fc9f3fe48&title=ReiestrAdministrativnikhPoslugMistsevikhDerzhavnikh
AdministratsiiTaOrganivMistsevogoSamovriaduvannia-uRozriziAdministrativno-teritorialnikhOdinitsUkraini

GCC (Globinsky City Council of Poltava Region). (2017). Resolution: On approval of the List of administrative services provided through / and the Center of administrative services rendering of the executive committee of the city council, dated September 29, 2017, No. 871. URL: https://globynska-gromada.gov.ua/docs/40607/; https://rada.info/upload/users_files/22547673/docs/14db1f67280251bdbea3fa26cb38d5b2.docx

GchSC (Grand Chamber of the Supreme Court). (2018). Resolution in case No. 165/403/16-а, dated June 20, 2018.

I-FCC (Ivano-Frankivsk City Council). (2018). Resolution: On approval of the list of administrative services, dated December 14, 2018, No. 340-22. URL: http://www.namvk.if.ua/dt/305167/

Ilkiv, Nataliia. (2019). Legal Guarantees of the Right to Free Privatization of Communal Property Lands. National Law Journal: Theory and Practice, 3 (1): 119-23.

Kovach, Denys. (2016). Legal Regulation of the Emergence of Land Rights. (Unpublished doctoral dissertation). Yaroslav Mudryi National Law University, Kharkiv. URL: http://nauka.nlu.edu.ua/download/diss/Kovach/d_Kovach.pdf

Kovalenko, Nataliia. (2017). Administrative and legal regimes. (Unpublished doctoral dissertation). Zaporizhzhya National University, Zaporizhzhya.

Kulynych, Anton. (2019). Legal Regime of Land of Urban Territorial Communities in Ukraine. (Unpublished doctoral dissertation). Institute of State and Law of V.M. Koretsky National Academy of Sciences of Ukraine, Kyiv. URL: http://idpnan.org.ua/files/2019/kulinich-a.p.-pravoviy-rejim-zemel-miskih-teritorialnih-gromad-v-ukrayini-_a_.docx

MCC (Mykolaiv City Council of Mykolaiv Region). (2018). Resolution: On approval of the list of administrative services, information cards of administrative services with statements, technological cards of administrative services provided through the Center of administrative services of the executive committee of the Mykolaiv city council of the Slavyansk region of Donetsk region, dated May 29, 2018, No. 06-XXII-8. URLS: https://mk-otg.gov.ua/docs/193070/ ; https://rada.info/upload/users_files/04341413/docs/960352c351956f671e9ec6ee0199331e.pdf

Nevmerzhytskyi, Oleksandr. (2017). Providing administrative services in the sphere of land relations in the implementation of service functions of the state. Public administration: theory and practice, 2 (18): 1-11.

Odariuk, Mykhailo. (2019). Legal Regulation of Procedures in Land Law. (Unpublished doctoral dissertation). Yaroslav Mudryi National Law University, Kharkiv.

Pitatieliev, Volodymyr. (2018). Administrative and Legal Protection of Agricultural Land in Ukraine. (Unpublished doctoral dissertation). Public Law Research Institute, Kyiv.

SC (Supreme Court). (2018a). Resolution in case No. 806/2208/17, dated April 11, 2018.

SC (Supreme Court). (2018b). Resolution in case No. 814/741/16, dated January 31, 2018.

SC (Supreme Court). (2018c). Resolution in case No. 820/4757/17 dated April 11, 2018.

SC (Supreme Court). (2018d). Resolution in case No. 804/3703/16, dated March 14, 2018.

Tymoschuk, Volodymyr P, et al. (2013). Scientific and Practical Commentary to the Law of Ukraine “On Administrative Services. Kyiv: Private Entrepreneur Moskalenko OM.

Tymoschuk, Volodymyr, et al. (2015). Provision of administrative services in the municipal sector. Kyiv: VNA ENTERPRISE LLC.

VRU (Verkhovna Rada of Ukraine). (1996). Law of Ukraine: Constitution of Ukraine, dated June 28, 1996, No. 254k/96-VR. Information from the Verkhovna Rada of Ukraine. 1996, 30: 141.

VRU (Verkhovna Rada of Ukraine). (2001). Law of Ukraine: Land Code of Ukraine, dated October 25, 2001, No. 2768-III. Information from the Verkhovna Rada of Ukraine. 2002, 3-4: 27.

VRU (Verkhovna Rada of Ukraine). (2005). Law of Ukraine: On the Permit System in the Field of Economic Activity, dated September 6, 2005, No. 2806-IV. Information from the Verkhovna Rada of Ukraine. 2005, 48: 483.

VRU (Verkhovna Rada of Ukraine). (2013). Law of Ukraine: On Administrative Services, dated September 6, 2012, No. 5203-VI. Information from the Verkhovna Rada of Ukraine. 2013, 32: 409.