Current issues of acquisition of land rights users of nadrs
Authors: Danilik Daria 
Published: July 2024

Problem setting. Modern land reform in Ukraine is characterized by a number of positive changes in land legislation. With the entry into force of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding the Terms of Sale of Agricultural Lands” the market of agricultural lands, which until that moment was under a moratorium, was introduced. As of July 1, 2021, Art. 130-1 of the Land Code of Ukraine, which regulates the preferential right to purchase an agricultural plot of land. In this connection, legislative novelties, which concern the circle of subjects with the preferential right to purchase agricultural land, are of great importance. Analysis of recent researches and publications. The legal regulation of relations in the area of exercise of the pre-emptive right to purchase agricultural land by entities in the national land law literature has been studied by representatives of the land law doctrine, among whom we should mention P.F. Kulynich, T. O. Kovalenko, O, C. Baksheiev, S. L. Goshtinar, O.M. Batygina, M.V. Shulga, and others. However, the peculiarities of exercising the preemptive right to purchase an agricultural land plot by a first priority entity a person holding a special permit for the extraction of minerals of national importance have not been disclosed. Purpose of the research is to analyze the theoretical and practical issues related to the exercise of the first priority right to purchase agricultural land by the first movers and to highlight the specifics of such a right. Article’s main body. This article is devoted to highlighting the theoretical and practical problems associated with the subjects’ realization of the preemptive right to purchase a plot of agricultural land, and the search and justification of possible ways to solve them, based on the fundamental principles of land law. The peculiarities of the realization of the preferential right to purchase an agricultural plot of land by a subject of the first order a person who has a special permit for the extraction of minerals of national significance have been investigated and disclosed. After all, at the current stage of reforming land and subsoil relations, the relevant legislation is being improved with the aim of simplifying the mechanism of obtaining subsoil for use and the necessary lands for its implementation. The adopted Law of Ukraine dated December 1, 2022 No. 2805-IX “On Amendments to Certain Legislative Acts of Ukraine on Improving Legislation in the Field of Subsoil Use” is designed to provide Ukraine with a sufficient amount of raw materials. This Law introduces a simplified procedure for obtaining subsoil for use, which will allow the industry to work and provide the country’s needs with its own mineral extraction. However, according to the current land legislation and the legislation on subsoil, the acquisition of subsoil use rights is not accompanied by the emergence of the right to the necessary land plot, which further complicates the realization of the right to use subsoil. In the process of researching current issues related to the specified topic, the need to improve the relevant legal prescriptions is emphasized, which in today’s conditions should ensure the clarity and transparency of the conditions of access by interested subjects to the subsoil and the necessary land plots. Conclusions and prospects for the development. Thus, the realization of the preferential right to purchase an agricultural plot of land by subjects of the first tier and their further use of the specified lands deserves special attention. The outlined problems related to the subjects’ realization of the preemptive right to purchase an agricultural plot of land require a legislative solution. The question remains open regarding the fulfillment by subjects of the first tier of the preferential right to purchase a land plot for agricultural use of the obligation of the owners of land plots to ensure their use for their intended purpose (Article 91 of the Law of Ukraine). It is also desirable at the legislative level to establish a clear priority and sequence of subjects with a preferential right to purchase an agricultural plot of land.