The National University of
Life and Environmental Sciences of Ukraine
Principles of Agrarian Law and Legislation of Ukraine.
Problems of legislative consolidation.
This article is devoted to the analysis of the
principles of moderm agrarian law and legislation of Ukraine . The concepts
,system and features of the principles of agrarian legislation are
investigated. Suggestions about future normative consolidation of the
principles of agrarian law and legislation of Ukraine are formulated.
Systemic and consistent development of the legislative
branch should be based on certain fundamental principles, ideas that are
objectively conditioned by the development of a certain sphere of social
relations. Legislative consolidation of the principles of the field of law is
essential for further law-making and law
enforcement. The agrarian legislation of Ukraine regulates social relations in
the field of ensuring food security of the state, therefore the efficiency of
this legislative branch is extremely important.
The development of agrarian legislation of Ukraine should be based on the basic principles determined by the strategic
goals of the state agricultural policy. Legislative
consolidation of the principles of agrarian law and legislation is a
prerequisite for the stability of the legal and regulatory framework for the
development of the agrarian sector of the economy and, at the same time, a
guideline for further development of legislation in this area.
The current state of legislative consolidation of the
principles of agrarian law and legislation is related in general to the
disadvantages of legislative regulation of agrarian relations. Traditionally,
the principles and basic principles of the field of legislation are defined in
the codification act of the relevant field of legislation. The absence of a
codification act of agrarian legislation greatly complicates the process of
normative consolidation, fixing of the principles of agricultural law and
legislation of Ukraine, their further development in the provisions of laws and
by-laws of the normative-legal acts. At the same time, most of the principles
of agricultural law for today are reflected in one or another degree in
normative legal acts of agrarian and other branches of legislation.
General legal principles are determined predominantly at the constitutional
level and reflect the most important directions of legal regulation of social
relations in various spheres of public life. Among common law principles,
according to A.Stavivka and V.Yurkevich, agrarian law is inherent in the
principle of the rule of law, equality of economic entities, legal equality of
all forms of ownership, etc.
[1, p.15]
Intersectoral principles of agrarian legislation are
defined as agrarian-legal acts, as well as acts of other branches of
legislation: the Land Code of Ukraine, the Commercial Code of Ukraine, the Code
of Labor Laws of Ukraine, etc. The peculiarity of the system of principles of
the agrarian legislation of Ukraine is the high proportion of inter-branch
principles. Therefore, the
genetic link between the agrarian law of Ukraine and the main branches is also
manifested through the penetration of some of the principles of the main
sectors in the regulation of agrarian relations. Such principles are
interdisciplinary. M. Chabanenko refers to this group of principles the
principle of ecologization, the principle of freedom of agrarian
entrepreneurship, and some others. [2, p.102]
Usually, sectoral principles are enshrined in
normative legal acts of agrarian legislation. First of all, it is about acts of
higher legal force - Laws. If the codification act will become the Fundamentals
of Agrarian Legislation, the consolidation of the principles of agrarian
legislation in them will be especially important, as it will outline the main
directions of further regulatory regulation of agrarian relations. The Law of
Ukraine "On the Basic Principles of the State Agrarian Policy for the
Period till 2015" of 18 October 2005, which defines the priorities of the
agrarian policy of the state for the period up to 2015, and outlines the way of
achievement, is important to consolidate the principles of agricultural law and
legislation of Ukraine. However,
given the timeliness of this legal act, today one of the areas of development
of agrarian legislation is the definition of the principles of state
agricultural policy in the long-term perspective. The
principles of state agricultural policy are related to the principles of
agrarian law and legislation, since the agrarian legislation of Ukraine
implements state agricultural policy.
According to N. Havrysh, the lack of reproduction of
the principles of agrarian law in modern Ukrainian legislation can be
considered an incompleteness of the process of harmonizing the existing
principles enshrined in various legal acts, as well as the process of
identifying new principles and methods for their implementation at the present
stage.[3, p.177]
Modern problems of normative consolidation of these
principles are related to the lack of a basic codification act of the agrarian
legislation of Ukraine, in which the principles of the agrarian legislation of
Ukraine should be consolidated.
Principles of agricultural
legislation can be considered as the basic principles, fixed in the normative
legal acts, basic ideas, defining the content and directions of regulatory and
legal regulation of agrarian relations.
Further development of agricultural legislation of Ukraine should be based
on the basic principles determined by the strategic goals of the state agrarian
policy.
The peculiarities of the system of principles of the agrarian legislation
of Ukraine are inter-branch principles, due to the belonging of the agrarian
law and agrarian legislation to the complex branches, as well as the existence
of an extensive system of special principles and their close interconnection
with the branch principles.
In the future, the principles of agrarian law and legislation of Ukraine
should be fixed at the legislative level in a single legislative act, which
should become the codification act of the agrarian legislation of Ukraine.
Legislative consolidation requires the following intersectoral and sectoral
principles of agricultural law and legislation: the principle of plurality of
organizational and legal forms of management in the agro-industrial complex;
the principle of equality and independence of agrarian subjects; the principle
of non-interference of the state in the production and economic activity of
agrarian subjects; the principle of priority of environmental requirements
in the process of agricultural production; the principle of the priority of
agricultural lands and their special protection; the principle of the priority
of social development of the village ; the principle
of state support to agriculture; the principle of guaranteeing the protection
and rights of the peasant.
Literature:
1. Статівка А.М. Актуальні питання аграрного права України /
А.М.Статівка, В.Ю.Уркевич, В.М. Корнієнко та ін.: за ред.д-ра юрид.наук,
проф.А.М.Статівки.- Х.: Вид-во «Фінн», 2010.-240с.
2.
Чабаненко
М.М. До питання про систему та особливості галузевих принципі аграрного права /
М.М.Чабаненко // Право і суспільство. -2012.-№3.-С.98-104
3. Гавриш Н.С. Процес відтворення та законодавче закріплення
принципів аграрного права / Н.С.Гавриш // Актуальні проблеми держави і
права.-2008.-Вип.37.-С.173-178