DESTRUCTION OF LAND AS A GROUND FOR TERMINATION OF RIGHT OF LAND LEASE

Abstract

Abstract. In this article analyzes such a ground for terminating the right to lease land as the destruction of land. It has been established that the destruction of an object of land lease as a ground for terminating a land lease agreement will have an indirect effect on the termination of the land lease. It has been found that some scientists believe that it is impossible to destroy land, unlike other real estate. Other scholars are of the opinion that it is quite possible to destroy a land plot due to covering a certain land plot with rock or change its landscape and size, which leads to the loss of features of the land plot as a real estate object. The concept of "destruction of land" is analyzed and compared with the concept of "damage to land". The concept of "destruction of land" and "damage to land" delimeted on the physical, economic and legal grounds. The physical sign of the destruction of land is characterized by the loss of opportunities for its physical recovery, ie the possibility of use for its intended purpose. The analysis of the economic criterion allows to establish that the land plot as a result of destruction is excluded from circulation, ie it cannot be alienated, and therefore the rights to it also cannot be alienated. According to the legal criterion, the destruction of a land plot will lead to the fact that a person is deprived of the opportunity to own and use such a plot on legal grounds. In artice established that the concept of "land destruction" is also used in some foreign countries, such as in the Republic of Turkey. An analysis of foreign legislation and doctrine revealed that only agricultural land, which cannot be used for its intended purpose, is considered an object of destruction. The article considers how the destruction of land is correlated with the destruction of immovable property located on it and how it is reflected in the legal relationship of land lease. It was found that in case of inability to use the land due to earthquakes, floods, pollution by chemicals and other factors that adversely affect the land, the landlord or tenant may apply to public authorities or local governments to decide on conservation or conclusion land conservation agreement.