METHODOLOGY OF THE SCIENTIFIC RESEARCH SYSTEM OF LAND RIGHTS GUARANTEE IN THE LAW THEORY OF UKRAINE

Abstract

Abstract. The article is devoted to the problems of the methodology of scientific research of the system of guarantees of rights to land in the theory of Ukrainian law. The article provides a comprehensive analysis of existing approaches to the classification of methods of scientific research into the system of land rights guarantees within the framework of Ukrainian legal theory. Based on a critical review of scientific sources, the author offers an original classification of methods that takes into account the specific features of human and citizen rights to land as an object of legal regulation in Ukraine. Particular attention is paid to the detailed description of the main methodological tools used in the study of guarantees of land ownership rights, as well as their role in the formation of a complex and systematic approach to the analysis of this issue. The results of the study contribute to the improvement of the methodological apparatus of legal science in the field of the theory of the state and law, which is important for the further development of legal doctrine in general. It was concluded that, as of today, land rights guarantees are an extremely relevant issue for research, which can be explained as follows: 1) the total number of scientific works devoted to land rights guarantees is not high. This issue is in the sphere of interests of domestic researchers, however, given the relative youth of the field of land law of Ukraine, land legislation, including the Land Code of Ukraine, as well as the fact that comprehensive studies of the system of guarantees of rights to land in general were mostly carried out in the past decades, today there is a need to conduct such complex studies; 2) the field of land law is such that it develops quite rapidly. Land legislation undergoes constant changes, besides, the content and character of many land relations in Ukraine have changed dramatically over the last decade. The field of science should respond appropriately to such changes, however, our analysis of the scientific literature has shown that in recent years there has been no increase in scientific interest in issues related to guarantees of land rights; 3) the vast majority of studies of guarantees of land rights are carried out on the basis of similar approaches and on the basis of the application of similar methods. The above indicates that national science needs studies of guarantees of land rights, in which the goal will be achieved with the help of excellent tools and slightly different approaches, so that the issue of guarantees of land rights receives further doctrinal development.