LOCAL LEGISLATION AND PUBLIC ADMINISTRATION IN THE FIELD OF ADMINISTRATION OF PAYMENT FOR LAND BY NATURAL AND LEGAL PERSONS: LEGAL FORMS AND IMPLEMENTATION MECHANISM IN THE REGULATION OF PUBLIC-PRIVATE LAND RELATIONS IN UKRAINE

Abstract

The scientific-theoretical, constitutional, and legislative institutional foundations of the lawmaking activity of local state authorities and local self-government bodies and their implementation of public administration in the field of land payment by individuals and legal entities of Ukraine are considered. It is emphasized that the law "On law-making activities" regarding the forms and mechanism of implementation of law-making activities of local state authorities and local self-government bodies allows to ensure the implementation of the principle of legal certainty in the legal regulation and public administration of land relations in the sphere of payment of land payments by natural and legal entities. It is also seen that the adoption of this law will have a positive effect on ensuring the unity of judicial practice in cases of invalidation of acts of local state administrations, village, settlement, city councils in land disputes. It has been proven that local legal acts, the norms of which are aimed at regulating land relations at the local level, by their legal nature are subordinate normative acts, are covered by the general term "legislation" and can be attributed to regulatory acts in the system of normative sources of land law. Therefore, the decision of village, settlement, city councils on approving the normative monetary valuation of lands within the territorial community is a subordinate legal act that must be applied in the regulation and public administration of public relations in the field of land payment, as well as in the resolution of disputes in courts. It was concluded that the Extract from the technical documentation on the normative monetary valuation of the land plot is a legal act of individual effect, which, according to the established form and in accordance with the submitted applications of landowners and land users, must be issued free of charge by the State Geocadaster as a subject of the authority to execute organizational and management functions of the state in the field of land, tax and other relations in the order of providing administrative services. It is claimed that according to the law, receipt by landowners or land users of extracts from technical documentation on the normative monetary valuation of land plots must be considered as the right of these subjects to access and receive official, reliable and objective land cadastral public information about land plots, as well as information about the criteria by which the normative monetary assessment was carried out, and the general normative assessment of the value of a separate land plot.