UDC 332.2/7:[330+34]:[332.122:338.43];JELH70,K11,Q15,R52
Zalutskyy, I. R. (2016). Ekonomiko-pravovi zasady ta problemy obihu zemel' sil's'kohospodars'koho pryznachennya v konteksti rozvytku sil's'kykh terytoriy [Economic and legal principles and problems of agricultural lands circulation in the context of rural areas development]. Rehional'na ekonomika - Regional Economy, 79(1), 100-109. [in Ukrainian].
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Authors

Resume

The article discusses peculiarities and consequences of destatization of agricultural lands while carrying out land reform in Ukraine. It proves illegality of Decree by Cabinet of Ministers of Ukraine, adopted on 1992, December 26, No 15-92 and Decree of President, adopted on 1999, December 3, No1529/99; which have been imposed stage wise the legal circulation of agricultural lands according to specific forms of their intended use. The author represents the reasons of this circulation lay-off referring to the lands of commercial agriculture in 2001 as a basis for moratorium on their alienation under current conditions.
It is determined that the legal circulation of land titles within rural communities has not lead to the improvement of their socioeconomic status and raising of living standards for rural sector. Present built-up of agricultural production in moratorium on land alienation confirms that the circulation of land titles is not a key factor for efficient agricultural development.
Here is reasoned the point that moratorium on the land alienation of commercial agriculture and the change of their designation purpose come out from distrust of authorities due to the lack of viable supremacy of law in Ukraine, corruptness in land matters and passivity of law enforcement system towards prevention of shadow land circulation. Moratorium is ineffective unconstitutional remedies of economic rights for landholders (shares) of agricultural lands under shadow circulation of right onto these lands and random change of their designation purpose. The permanence of moratorium is also strengthened with liquidation of territorial ubiquity of local governance in Ukraine, with landlessness of territorial assemblies and drastic restriction in land matters warranted by the Constitution of Ukraine the competence of local governance and the other agents of land ownership.
The article analyses the issues of inadequacy of institutional, informational, and economic backgrounds for providing land circulation of commercial agriculture; the absence of system-based purposeful state land policy in this sphere and respectively transparent effective procedures of its realization.
The author avers the institutional drawbacks of State Land Cadastre administration; possible risks of their destructive influence regarding to circulation of agricultural lands and random change of designation purpose of agriculturally used areas.
The article defines the approach to forming the governance economic mechanism of transparent lands circulation from preventively real decentralization of power in Ukraine.

Keywords:

circulation of agricultural lands, economic and legal principles of circulation, problems of circulation, rural area