LEGAL SUPPORT FOR THE IMPLEMENTATION OF PROPERTY LEASE RELATIONS IN FARMING ENTERPRISES OF UKRAINE
Author (s): Karapysh B.
Work place:
Karapysh B.,
Ph.D. in Law, Senior Lecturer,
Department of Administrative and Constitutional Law of the Educational and Scientific Institute of Law, Law Enforcement, and Psychology, Penitentiary Academy of Ukraine, Chernihiv, Ukraine
ORCID: 0009-0002-9253-0334
Language: Ukrainian
Scientific Herald of Sivershchyna. Series: Law 2026 No 2 (28): 98-108
https://doi.org/10.32755/sjlaw.2026.
The article presents a comprehensive analysis of the legal framework for the implementation of property legal relations in the activities of farming enterprises in Ukraine, taking into account current changes in agrarian, land, and civil legislation. The relevance of the issue is further strengthened by the processes of civil law recodification and the harmonization of national legislation with European Union law, which raise the question of preserving farming enterprises as an independent organizational and legal form. It is substantiated that farming enterprises combine economic, social, and environmental functions in their activities, which determines the specific nature of land and property relations involving them. It is proved that property lease is one of the key legal forms for involving land real estate in farming activities. The specifics of the legal personality of a farming enterprise as a participant in property lease relations are revealed, and the existence of special land and property legal personality and its main features are justified. The object composition of property lease relations in farming activities is analyzed, and it is demonstrated that a farming enterprise as a single property complex and a separate farmstead form a complex object of legal regulation that requires the integrated application of civil, land, agrarian, and urban planning law. Special attention is paid to the content of the rights and obligations of the parties to property lease, as well as to the grounds for the emergence of such legal relations, including those arising by virtue of law. The article concludes that legislative regulation needs to be improved in order to ensure the stability of property turnover, legal certainty, and a balance of interests of participants in land and property relations in the field of farming.
Key words: land plots, land rights, land and property legal relations, land real estate, land legal personality, contract, farming enterprise.
References
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