Classification of grounds for termination of the right to lease land

  • N.D. Kysylytsia
Keywords: land, land plot, right to lease land, termination of rights to land, legal fact, legal (actual) structure.

Abstract

The article is devoted to the classification of grounds for terminating the right to lease land. It has been established that there are many approaches to the classification of grounds for terminating the right to land. It was found that the predominant criteria for the classification of grounds for terminating land rights are the volitional orientation of the subjects of legal relations and their division into voluntary and forced ones. The classification of the grounds for terminating the right to lease land is also given, taking into account the sectoral affiliation of the relevant legal norms, and the land-legal: civil-legal, and environmental-legal grounds for terminating the right to lease land. It was established that the legal (actual) structure of the termination of the right to lease land contains a legal fact that is mandatory regardless of the reason for the termination of the right. The analysis of the legal (actual) structure of the termination of the land lease right was carried out, and their features in the context of the termination of the land lease right were clarified. In particular, it was established that the legal (actual) structure of the termination of the right to lease land are characterized by a sequential accumulation of elements, have a blanket character and are complete. The classification of terminating legal facts was carried out according to various criteria, such as the nature of the cause-and-effect relationship, depending on the functional purpose, depending on the behavior of the authorized person. The knowledge about the termination of the land lease right has been improved, in particular, the classification of grounds for the termination of the land lease right has been proposed, in accordance with the current legislation and the analysis of scientific works.

Published
2023-09-14
Section
Environmental protection. Natural resource law