Restrictions on the implementation of the land property right for the private and public benefit

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Introduction: the article considers currently essential issues of the development of the institute and the subjective right of land property. Purpose: to analyze the content of the land property right in terms of the immanent inherent limitations and obligations. Methods: the methodological framework of this study is based on a set of scientific methods, with the major role of the method of deduction and specific scientific methods such as functional analysis and modeling. Results: the author asserts that not only dominium, but also restrictions on powers form the content of the land property right. Taking into consideration the specifics of the land involved in the civil land turnover, the legislative body has established mandatory requirements for the subjective structure and for the terms of exercising the subjective rights. Being exhaustible non-renewable natural objects, lands that constitute the state''s territory should be preserved for present and future generations. This explains the position of the legislator when regulating relations for the private and public benefit. Conclusions: the implementation of land ownership rights involves the compliance with both private and public interests, which require harmonization in order to avoid conflicts.

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Property right, maintenance of property rights, land ownership, private benefit, public benefit, restrictions on property rights

Короткий адрес: https://sciup.org/147202545

IDR: 147202545   |   DOI: 10.17072/1995-4190-2016-1-68-73

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