FEATURES OF PROCEEDINGS ON LAND USAGE CHANGE

Abstract

The article is devoted to the study of the legal nature of proceedings regarding land plots purpose change. In the process of scientific research in various fields of law there is often a need to determine the legal nature of one or another legal phenomenon. This need results from the necessity to clarify the characteristics of such a phenomenon and, on the basis of their analysis, refer to existing classes of legal phenomena of the appropriate nature. However, in the course of legislative activity, such normative constructions often appear, the features of which either do not make it possible to clearly and define their legal nature, or classify them into several different classes of the phenomenon under study. An example of such a normative construction is the one of proceedings to change the purpose of land, which is comprised in the Land Code of Ukraine. Hence the problem of determining the legal nature of the relevant proceedings arises. The problem of up-to-date research of legal regulation procedural aspects in the field of land relations is their consideration either from the standpoint of exclusively land law, or from the one of purely administrative law. This leads to one-sidedness and insufficient objectivity of the conclusions. Based on the matter of law analysis relating to land and taking into account relevant views on the administrative proceedings classification in the field of land tenure arrangements in the article, it is revealed that the proceedings to the land purpose change are characterized by a certain dualism of legal nature within administrative proceedings. Depending on the form of ownership, the land plot purpose change can be considered either as a procedure for administrative services provision, or as a procedure for making a management decision within the implementation of state or communal property objects. It depends on the general procedural purpose of the proceedings and the characteristics of the respective procedural relations subjects. The approach used in the article to determine the legal nature of proceedings to change the land purpose may be useful for the criteria formation in the classification of administrative proceedings in the field of land relations.