The article is focused on studying perspectives and problems of implementing amendments to land legislation related to the abolition of the moratorium on the sale of agricultural lands and the introduction of free circulation of these lands. The purpose of the work is to identify the main economic and legal problems that will arise in connection with the ban from July 1, 2021 on the alienation of agricultural lands of state and municipal ownership. The main problems associated with the introduction of a ban on the sale of state and municipal lands are the restriction of economic competition and equality of ownership under the law, the withdrawal of plots included in economic circulation and economic activity from the land market; creation of conditions for uncontrolled and free withdrawal of lands from state and municipal ownership by their free transfer to the ownership of citizens; underfunding of infrastructure projects of local significance. It has been offered to limit the ban on the sale of agricultural lands of state and municipal ownership in Part 7 of the Art. 130 of the Land Code of Ukraine (as amended on July 1, 2021) only to land plots that are now on the rights of land use of state and municipal enterprises, institutions and organizations and are used for statutory goals of these entities; in case of redemption of land plots of state and municipal ownership at auction by their current land user, we should introduce installment payment mechanisms for such land user in case he acquires the right to lease until 2019; to cancel the action of paragraph “b” of Part 1 of the Art. 121 of the Land Code of Ukraine concerning the free of charge transfer of land plots in the property of the ground areas for conducting personal peasant economy. The results of the study can be used in the lawmaking practice to improve land legislation in terms of the creation and operation of free circulation of agricultural lands.
The article is focused on studying the state policy, legislation and practice of its application in Ukraine regarding the use of electrified motor vehicles – battery vehicles that run on chemical sources of electric current. The purpose of the work is to determine the legal mechanisms to prevent the negative impact on the environment from the electrification of motor vehicles. The methodological basis of the research included: comparative and legal method, which was used to study the requirements of EU and Ukrainian legislation; the method of system analysis allowed us to reveal the legal mechanisms of regulating the use of car batteries and the subsequent treatment of unusable power batteries of electric vehicles. The result of the research was the justification of the need to: update the legislation of Ukraine on chemical sources of electric current, in the process of which one should take into account the expansion of such sources, increasing their number and, most importantly, the total mass; creation and introduction of a system of accounting for operations on supply and utilization of batteries of electric vehicles with the obligation of suppliers of such components to create an infrastructure for collection and subsequent transfer for disposal to manufacturers of batteries unfit for further operation; establishment of the presumption of environmental pollution by the owner of the electric vehicle in case of purchasing the element or the whole battery without transferring the fulfilled or damaged battery to utilization. The results of the research can be used in law-enforcement practice to prevent the negative impact on the environment of by unusable power batteries of electric vehicles, as well as in lawmaking to improve legal mechanisms of preventing mass accumulation of used chemical sources of electric current in Ukraine.
The role of legislation and state policy in minimizing the impact of threats to environmental safety in the field of automobile transport has been studied. The main directions of the development of state policy and legislation in the field of reducing the negative impact of motor vehicles on the environment and public health have been defined. The main problems of reducing the negative impact of motor vehicles on the environment and public health, as well as the development of state and legal mechanisms to overcome them have been determined. The main environmental problems faced by governments are the use of internal combustion engines and fuel quality indicators. Many EU countries are refusing to further impose more strict requirements on the operation of motor fuel engines, instead introducing mechanisms to completely abandon such vehicle propulsion systems. However, such a refusal raises another problem of greening of road transport – the problem of electrification of transport, in the process of which it is necessary to solve the problems of transport energy and disposal of used batteries of electric vehicles. The authors have emphasized on inexpediency that to be limited in the long run only to mechanisms for setting more strict emission requirements for cars. The authors have indicated the need for a comprehensive approach to solving environmental problems to prevent the emergence of new significant difficulties – the accumulation of used batteries of electric cars, the depletion of non-renewable resources for their manufacture, etc. It has been offered to join Ukraine to the pan-European initiative of electrification of road transport, to develop the state program for the transformation of the motor transport industry with clear deadlines for the introduction of restrictions on the use of internal combustion engines, to introduce mechanisms to financially stimulate the transition from internal combustion engines to electric combustion engines.
The authors have studied the land legislation and the practice of its application in regard to the calculation of the amount of damage from the use of land plots for other purposes. The method of calculating the amount of damage from the specified use of land plots has been improved. The foundations of the research methodology constitute: comparative and legal method, which assisted to study the requirements of EU and Ukrainian legislative acts; the method of systematic analysis, which allowed to reveal the legal mechanisms for calculating the amount of damage caused to the state and territorial communities from the use of land plots for other purposes; method of mathematical modeling, which allowed to form propositions for improving the formula of calculating the damage caused by the misuse of land plots. The result of the study was the justification for making changes to the Methodology of determining the amount of damage caused by unauthorized occupation of land plots, misuse of land plots, removal of soil cover (fertile soil layer) without special permission. It has been offered to include a coefficient that takes into account the term of land use for other purposes in the direction of increasing the multiple of the number of years of land use into the formulas № 3 and № 4 of the Methodology. The authors have proved the necessity of introducing a separate formula for calculating the amount of damage caused by the use of land plot for other purposes, in case of impossibility to return the land plot to a condition suitable for further use for its intended purpose, or failure to accomplish such a return for other reasons. The results of the research can be used in law-enforcement practice to determine the amount of damage caused by unauthorized occupation of land plots, the use of land plots for other purposes, as well as in law-making activity to improve legal mechanisms to prevent misuse of land plots.
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