THE ISSUE OF ESTABLISHING THE FACTS OF ACQUISITION AND CERTIFICATION OF RIGHTS TO LAND PLOTS FOR THE PURPOSES OF STATE CONTROL OF THE USE AND PROTECTION OF AGRICULTURAL LANDS, THAT IS MADE THROUGH AN INSPECTION

Abstract

Abstract. The article is devoted to the disclosure of the issue of establishing the facts of acquisition and certification of rights to land plots, which is an integral methodological component of the measure of state control over the use and protection of land, which is carried out by conducting an inspection. Since the raised issue has not yet been the subject of scientific research, in this article, based on the analysis of systemic interrelationships in the field of legal regulation of relations of acquisition and certification of rights to land plots, which is considered through the prism of the tasks of state control over the use and protection of land, a detailed analysis of its aspects is presented structures. Thus, in the process of understanding the mentioned issue, the stages of the institutional formation of the system of state registration of rights in Ukraine were determined. As part of this process, a description of the types of rights to land plots, as well as the grounds for acquiring rights to them, established by codified acts of land legislation, was provided. The circle of subjects of land legal relations that could acquire rights to land plots on the grounds established by codified acts of land legislation is outlined. Legal facts were identified, with the occurrence of which the codified acts of land legislation linked the emergence of rights to a land plot. In the part of the aspect of the certificate of rights to land plots, the forms of such a certificate/registration, the types of documents certifying the rights to land (land plot), which were subject to mandatory state registration in accordance with the legislation in force at the time of their occurrence until 01.01.2013, are established and forms of their state registration. In order to optimize search and analytical operations during the inspection, a matrix of the ratio of the types of documents certifying the rights to land (land plot) with the types of purposeful use of land (land plots) by subjects of land legal relations that could acquire land (land plots) was developed in ownership/use until 01.01.2013. Additionally, the features of the transformation of the mechanism of state registration of rights after 01.01.2013 are highlighted. The idea of this article is that in the absence of explanatory work from the competent regulatory state body, the chosen question has a significant practical meaning: for land owners and land users (especially those with a large land bank) – as an incentive to take action, aimed at compliance with legality in terms of confirming rights to a specific land plot; for the authorized persons of the competent control body – as a guideline for ensuring a unified approach to the comprehensive study and consideration of legal facts that took place during the acquisition and certification of rights to land plots during state control measures.