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Dmitro FEDCHYSHYN,

doctoral student of the Department of Civil Law, Zaporizhia National University, Candidate of Law

EXERCISING OF RIGHTS TO LAND PLOT ACCORDING TO ITS INTENDED PURPOSE

The article deals with issues related to the peculiarities of exercising the rights to land plots in accordance with their intended purpose. The legislator establishes certain rules of behavior regarding the use of land, in general, and land plots, in particular. Moreover, compliance with appropriate behavior, while exercising their rights is mandatory for all subjects of land relations, regardless of the title on which they own or use land plots.

The author focuses on the term of “the subjective right to land”. It is considered as a right belonging to a particular subject and realized only by the choice of the subject. Any subjective right has its own social value only when it can be exercised, i.e. when the opportunities that it provides to the person are realized. The content of the exercising of subjective land rights constitutes all those opportunities, which enshrine in the norms of law for the authorized person to commit certain actions with a purpose to transform the powers of a person into reality.

The views of scientist in the sphere of land law, which contained term of “intended purpose of a land plot” are analyzed. It is considered as one of the main characteristics of each land plot.

The Land Code of Ukraine defined the right to self-management on the land for landowners (Article 90) and land users (Article 95). The essence of this right is that a land user or a landowner, on his own will, independently determines the directions of his production and other activities, the way of using the land plot within its intended purpose and conditions for the provision of land.

The economic activity must be carried out within the limits of the requirements of a certain category of land and only in the manner prescribed by the purpose of the relevant land.

While exercising subjective rights to use land plots according to their intended purpose, landowners and land users are given the opportunity to make active actions aimed at the direct use of the land plot in accordance with its intended purpose.

Key words: exercising of rights to land, subjective right to land, intended purpose of the land plot, self-management on the land, lease of land.

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