Economic and legal differences in patterns of land use in Ukraine

Abstract

The article deals with the legal patterns of the use of agricultural land in Ukraine. Legislative consolidation of the moratorium on the alienation of agricultural land leads to a search for legal ways of investors' access to land use in Ukraine. The methodological basis of the study was a complex of philosophical (dialectical, systemic-structural) and special legal (formally-logical, comparative-legal, forecasting and method of interpretation) methods of scientific knowledge. The Agreement of land lease and the agreement of emphyteusis are considered as the object of the study. It is determined that land lease is the most widespread pattern of use of agricultural land. Land lease performs social functions, creating conditions for access to land resources of those who do not own them, and provides conditions for entrepreneurship in the field of agriculture. The authors also consider emphyteusis, which is the right to use the land for agricultural purposes, as well as its features. The article analyzes the differences between lease and emphyteusis in order to determine the most cost-effective and environmentally safe pattern of land use for agricultural entities in modern conditions. In the content of the work, the authors substantiate that the agreement of emphyteusis has certain advantages over the lease agreement. The authors come to the conclusion that emphyteusis can be also considered as an alternative to purchase and selling of land under the moratorium on the alienation of agricultural land in Ukraine.