VSU промониторил observance by courts of the zamelny legislation

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For today one of the most problem for vessels are land disputes. The Supreme Court of Ukraine came to such conclusion as a result of the general with Judicial council of Ukraine of complex studying of a condition of the organization of work of local and appellate courts, and also single questions concerning implementation of legal proceedings and granting to vessels of the methodical help for the purpose of increase of level of efficiency and quality of hearing of cases. About it reports a press - service VSU.

Besides, as testified the analysis of judicial statistics, last year for rather land legal relationship in an appeal order 6,6% of decisions of local courts (for comparison were abolished and changed: this indicator on all civil cases makes only 2,6%). The problem gains special sharpness taking into account that the earth is the main national wealth and carries out important socially - economic function, writes "Вовремя.info".

Considering it, in June of this year the working group of the Supreme Court of Ukraine as a part of the chairman of Military judicial board, the vice-chairman of Judicial council of Ukraine Volkov O. F. judges of the Supreme Court of Ukraine of Lavrenyuk M. Yu. and Romanyuka Ya.M. the staff of management of studying and synthesis of jurisprudence I studied a condition of implementation of legal proceedings in vessels of the Autonomous Republic of Crimea. Having analysed jurisprudence, the working group paid attention to shortcomings which allow courts during consideration of land disputes. In particular, granting cases in using of the land plots in sizes which exceed established by the law and so forth are found. Cases of violation by vessels of norms of a substantive and procedural law for relatively recognition valid contracts on division of the land plot, and also concerning assignment of the land plots weren't single.

Separate courts issued executive documents for the decision of the arbitration courts about recognition of the property right to the land plots accepted outside the boundaries of their jurisdiction.

Results of studying of a condition of implementation of legal proceedings are discussed on enlarged meeting of presidium of appellate court, judicial council and board of territorial administration of the public judicial administration with the assistance of chairmen of local courts and ways of elimination of the found shortcomings and work improvement are offered. Judges were given practical and methodical help both concerning the correct application of the law, and concerning the work organization.

Due to the identification of not single facts of the violation of the law allowed by vessels by consideration of land disputes, the Supreme Court of Ukraine recognized expedient to learn practice of consideration of this category of affairs by courts of Kiev region. In particular, it is planned to analyse disputes on the property right to the land plots, concerning purchase - sale, rent and using the earth, about inheritance of the land plots, their assignments and so forth.

For the purpose of ensuring the correct and identical application of the land legislation with the Supreme Court of Ukraine also it is planned to provide to explanation vessels in the relevant resolution of Plenum.


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