CRITERIA FOR DETERMINING JURISDICTION TO REVIEW PUBLIC LEGAL LAND DISPUTE
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 1, Issue
Abstract
In the article the legal nature of public relations associated with the use and disposal of land and presented arguments that point to the need to consider public legal land disputes over the use and disposal of land within the administrative proceedings. Found that public land dispute – is based on public law dispute between two or more parties relationships, in which at least one party is an authority (public authority, local government, their officers or employees person other entity in the exercise of their duties on the basis of legislation, including delegated powers) the subject of which stands a decision (action) of the power intended to transfer or omission (passive obstruction of transfer) ownership, use and disposal of land state or municipal ownership to private ownership or decision (action) of the authority aims to return to the state or municipal property previously transferred ownership or use of land. An criteria for determining the jurisdiction of administrative courts to review public legal land disputes, including: 1) subjects contentious relationship which is the subject of public administration, physical (legal entity), or other entity of power; 2) the subject of the dispute – the decision (action or inaction) of the authority aims to transfer ownership, use and disposal of land state or municipal property to private or municipal property, or return to the state or municipal property previously transferred ownership or land use (provided that an authority is or was a legal manager of the land and the right to transfer it to another property defined by law); 3) the reason for the dispute – a violation of the legality of government entities in the process of transfer of ownership, use and disposal of state land and communal property to private or communal ownership.
Authors and Affiliations
С. В. Бакуліна
Keywords
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