DOCTRINE AND PRACTICE IN MATTERS OF PROTECTION OF THE RIGHTS AND LEGITIMATE INTERESTS OF PARTICIPANTS IN LAND LEGAL RELATIONS IN THE CIVIL JUSTICE SYSTEM OF UKRAINE

Abstract

Abstract. The article is devoted to the study of theoretical and practical aspects of the protection of the rights and legitimate interests of participants in land legal relations in the civil justice system of Ukraine. The author draws attention to the legal analysis and to the legal nature of the land plot as a special object of protection, giving its characteristics from the point of view of the object of civil turnover. The article reveals the content of the ownership right to a land plot, which in modern conditions has a fundamental nature and for these reasons needs to be provided by the state with effective mechanisms for its protection and protection. At the same time, the content of such protection is determined by two components: the economic and property and land-legal nature of the ownership right to the land plot. At the same time, the author notes that these components are inseparable, since the economic-property essence of the dispute will always form the subject of the right of ownership, and its protection will always be related to legal regulation, which is based on the law or the contract and which, as a result, is examined by the court when resolving a civil dispute. The article discloses the scope of the land plot owner’s right to use, taking into account the legal nature of the land plot as an immovable thing. Based on the analysis of the norms of water, land, civil legislation and legislation regulating the use of subsoil, the author concluded that a land plot by its legal nature is a nonconsumable, divisible and complex thing, since: a) it is intended for repeated use and at the same time retains its original appearance for a long time; b) the area of the land plot can be divided without losing its purpose and forming two separate real estate objects; c) the right of ownership of a land plot includes both its aboveground part (surface), which is characterized by its area, and underground components (minerals), which are individualized by type and volume. Separately, the article analyzes the legal nature of minerals as a component of a land plot and substantiates the opinion that they have a separate legal regime, different from the legal regime of a land plot and can be separated from it. The author emphasizes the importance of the correct terminological interpretation when resolving land disputes, referring to the judicial practice of the court of cassation. At the same time, the article analyzes the resolutions of the Grand Chamber of the Supreme Court, which resolve procedural issues of civil proceedings regarding evidence and proof and determining the jurisdiction of disputes regarding the protection of the rights and legitimate interests of participants in land relations in the civil proceedings of Ukraine. The author concluded that, by its legal nature, judicial protection of the rights of landowners and land users is a complex interdisciplinary category, and its implementation in civil proceedings requires the court to take into account the norms of civil, land, environmental, and water legislation.