Some issues of ensuring the restoration of land in the conditions of the development of market relations

T. Lisova
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Abstract

The article is devoted to topical issues of ensuring the restoration of land in the conditions of the development of market relations. The legislative support for the formation and development of the agricultural land market has been studied. Negative processes are analyzed in detail regarding the current state of lands, the most threatening characteristics of which are their degradation and desertification, and the reasons for the rapid deterioration of their condition in recent years. It is emphasized that the formation of the land market consists of two elements: the land market for agricultural and non-agricultural purposes. The concepts of "land turnover^ and "land marketn are defined. It is noted that the conversion of land plots is carried out both in the conditions of the establishment and development of market relations, and in the conditions of the absence of a land market. The problem of preserving the quality of land, soil fertility, their protection and timely restoration in the conditions of change of owners and tenants of agricultural lands in the conditions of the development of market relations is investigated. Scientific works of scientists on the solution of the specified problem are cited. The influence of the qualitative state of land on the value of land plots and the peculiarities of determining their normative and expert monetary assessment are analyzed. Attention is focused on recording the state of land in the relevant documentation. Attention is drawn to the legal consequences of accidental destruction or damage to the rental object by the user. The shortcomings of the legal provision of obligations of owners and users of land plots to restore soil fertility, as well as other useful properties of the land, are investigated. It is noted that failure by a land user, in particular a tenant, to fulfill its obligations to restore the quality of land is grounds for the compulsory termination of its rights to a land plot. Suggested ways of improving legislation in the specified area. Proposals have been made to establish the quality of the land plot at the time of its alienation. Attention is focused on ensuring effective state control over the timely restoration of land.
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在发展市场关系的条件下确保恢复土地的若干问题
文章专门讨论了在市场关系发展条件下确保土地恢复的热点问题。对农用土地市场形成和发展的立法支持进行了研究。文章详细分析了土地现状的负面过程,其中最具威胁性的特征是土地退化和荒漠化,以及近年来土地状况迅速恶化的原因。强调土地市场的形成包括两个要素:农业用地市场和非农业用地市场。界定了 "土地流转^ 和 "土地市场 "的概念。需要指出的是,地块的转换既可以在建立和发展市场关系的条件下进行,也可以在没有土地市场的条件下进行。在发展市场关系的条件下,研究了在农用土地所有者和承租者发生变化的情况下保持土地质量、土壤肥力、保护和及时恢复的问题。引用了科学家们为解决特定问题所做的科学工作。分析了土地质量状况对地块价值的影响,以及确定其规范和专家货币评估的特殊性。重点关注在相关文件中记录土地状况。提请注意使用者意外破坏或损坏租赁物的法律后果。研究了法律规定地块所有者和使用者有义务恢复土壤肥力以及土地其他有用属性的不足之处。据指出,土地使用者,尤其是承租人,如果不履行恢复土地质量的义务,就有理由强制终止其对地块的权利。建议改进特定领域立法的方法。建议在转让时确定地块的质量。重点关注确保国家对及时恢复土地的有效控制。
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