Inactivity of public authority as a subject of land dispute in administrative legal proceedings

Abstract

In recent years, conflicts in land relations between citizens and government have been increasingly occurring in Ukraine. On the one hand, citizens are striving to realize their right to receive a land plot free of charge, on the other hand, authorities are trying to ignore the corresponding statements of citizens. The purpose of this research is to formulate a legal position concerning the inactivity of authorities in relations arising from the initiative of citizens regarding granting them permission for the development of a land management plan with the subsequent transfer of a land plot into ownership, as well as to determine the optimal way to protect the violated rights of citizens as a result of unlawful inactivity of public authorities. The study has been characterization and identification of peculiarities of application of the principle of tacit consent in land permission relations; indicated ways of protecting the rights of an individual as a result of unlawful inactivity of a powerful subject; established nature of the discretionary powers of the competent authorities. The importance and value of research are complex in nature and is revealed in its social significance since it consists in publication and raising problematic issues in the land sphere for public discussion; the economic value is manifested in helping to resolve real estate ownership problems; legal significance consists in determining perspective directions of legal and regulatory improvement of land relations; the applied value which is manifested in the promotion of the activities of local self-government bodies and administrative justice.