Constitutional principles of access to the land market in Ukraine for foreigners and legal entities, created and registered in accordance with the legislation of a foreign state

Abstract

The article is devoted to the study of the constitutional principles of access to the land market in Ukraine by foreigners and legal entities, created and registered in accordance with the legislation of a foreign state. A conclusion was made about the special constitutional regime of land, which is of key importance for the domestic economy, national security and protection of its territorial integrity. The foreign experience of constitutional and legal regulation of land relations with the participation of foreign subjects is analyzed. The foreign experience of the constitutional and legal regulation of land relations shows the widespread practice of introducing various types of restrictions on the land rights of foreign subjects in the interests of ensuring national security. The nature and extent of restrictions on access to land resources of foreign entities depends on the economic development of the country, the level of legal awareness, the specifics of the development of agriculture and land relations. It has been established that the land legal personality of foreigners and stateless persons residing in Ukraine on legal grounds is equal to the land legal personality of citizens of Ukraine, with exceptions established by the Constitution, laws or international treaties of Ukraine. The Land Code of Ukraine establishes a number of exceptions regarding land rights of foreigners and legal entities created and registered in accordance with the legislation of a foreign state. The analysis of land legislation shows that the land rights of foreign subjects are limited, which in terms of the degree of state intervention is closer to the legal model of a moderately limited land market.