HISTORICAL BACKGROUND TO THE FORMALIZATION OF AGRICULTURAL LAND ARRAY BY THE PROVISIONS OF MODERN UKRAINIAN LAND LEGISLATION

Abstract

The article is devoted to the consideration of historical prerequisites for the formalization of agricultural land array by the provisions of modern land legislation of Ukraine.The author analyzes the main stages of the development of legal regulation of land relations in the 20th century in the territories covered by the modern border of Ukraine. The basic problems of land demarcation and land management that permeated all stages of the development of land relations are outlined. It outlines such aspects of the problem of agricultural land array as its unity, limitation by natural and/or artificial elements of relief, and teleological nature. The article analyzes the historical land management, infrastructure, and legal determinants of the formalization of agricultural land array by the provisions of modern Ukrainian land legislation.The conclusion is that the formalization of agricultural land array by the provisions of the current land legislation of Ukraine is a natural result of the development of land relations and land legislation, but its emergence as a legal phenomenon and object of land relations is based on the system of demarcation and land management that has developed over centuries. In essence, an “agricultural land array” is, to a certain extent, a basic unit – an element of land management, an object of land relations, and a unit of agricultural production – a field that received full regulatory and legal support, formalization, and spatial forms in the first half of the 20th century, For its most effective use, agricultural infrastructure (roads, irrigation systems, protective plantings, etc.) was developed, and with the beginning of the privatization process, it was legally fragmented into smaller individual land plots that were transferred to the ownership of various persons, thereby losing its object capacity.In this regard, the current process of formalizing agricultural land array is an attempt to establish regulatory and legal conditions for the most efficient use of the entire land area, taking into account the potential of the agricultural infrastructure that serves it.