RIGHT OF LAND USERS

 The use of land resources gives rise to the right to use the land, resulting in the subjective right of a natural or legal person. The right of land use is based on essential features that reflect the common and distinctive features between its individual species.

 Currently, there are many legal titles of land use, in particular, classifications are distinguished by the term of land use, the purpose of the land, the subject of land use rights, the scope of user authority, payment, number of land users and more.

 The current land legislation provides for three forms of land use rights, in particular: the right of permanent land use, the right of leased land use and the right of concession land use, which differ in purpose, term, subject and object composition.

 As provided by Article 92 of the Land Code of Ukraine, the right of permanent use of a land plot is the right to own and use a land plot that is in state or communal ownership, without setting a term. Thus, the definition of "land use" includes such a component as the right to own such land.

 In accordance with Articles 83 and 84 of the Land Code of Ukraine, certain features have been identified that directly relate to the title of permanent use of land. Also, the above articles provide a list of categories of state or communal land. Thus, the right of permanent land use ensures the priority of public interests.

 According to Part II of Article 92 of the Land Code of Ukraine, the subjects of the right of permanent land use may be:

• enterprises, institutions and organizations belonging to state and communal property;
• public organizations of disabled people of Ukraine, their enterprises (associations), institutions and organizations;
• religious organizations of Ukraine;
• public joint-stock company of public railway transport;
• educational institutions regardless of the form of ownership;
• co-owners of an apartment building.

 Based on the above, the first group of entities that have the right to use land are legal entities. Such entities should include state agricultural, industrial, construction and transport enterprises, communal housing and maintenance enterprises, environmental, health and scientific institutions of state or communal ownership, forestry and water management enterprises, public authorities and local governments, which are established and operate. to perform tasks of a public nature.

 Thus, the legal regime of land and subsoil use as relatively independent in the legal aspect of natural objects is determined by the relevant post-resource legislation. However, given that subsoil use is usually not possible without the use of a specific plot of land, the relevant legal requirements must be mutually agreed and coordinated.

 The subsoil area provided to the relevant entity for use for a specific purpose is a geometrized object located, as a general rule, below the earth's surface. Therefore, the use of subsoil is associated with the need to provide access to the subsoil on the earth's surface. In addition, the exercise of the subjective right to use subsoil also requires the use of a certain area of ​​land for the placement of relevant land structures. These include facilities needed for subsoil use.

 In connection with the above, there is a problem of the subject's acquisition of rights to the land, which would ensure the exercise of the right to use the subsoil.