Infopaket

COMPARATIVE LAND LAW

ВБ.01.04.09

Вибіркова дисципліна для ОП

Second

2023/2024

2 Semester

4

Achievement by students of such competencies, skills and abilities as: understanding of the principles of comparative legal research, features of building a system of land and legal regulation in countries of different legal systems; features of the most common types of land rights available in the world, features of formalization and guaranteeing of these rights to land; knowledge of the principles of land resources protection and land rights protection; the ability to carry out a comparative analysis of different in their legal regulation of legal structures with different legal regulations in the system of land relations regulation; ability to make and justify decisions on improving legal regulation taking into account foreign experience in legal regulation of land relations.

Distance form

It is eccential to preliminary know the system of Ukrainian law, the system, and sources of land law, the system of public authorities and local governments, theoretical foundations of comparative law, the requirements for the adaptation of land legislation to the law of the European Union. To be able to analyze the legislation, practice and legal models of land relations in Ukraine and compare them with the statutory concepts of land relations in different legal systems and on this basis to provide theoretical conclusions and recommendations. To have the skills to use information search systems for comparative analysis, interpretation of principles and norms of European Union law, preparation of findings and recommendations for drafting regulatory legal acts.

Students master the features of legal models of land relations in foreign countries, the peculiarities of their comparative analysis and the possibility of use in the interpretation of legal structures, improving domestic legislation and practice. The following aspects are considered: methodological, theoretical and legislative bases of legal regulation of land relations in the states of various legal systems on the basis of the comparative analysis of scientific approaches to understanding of the land law and the legislation in the states. The features of understanding the objects of land relations, the mechanism of implementation, guarantee and protection of land rights, as well as land protection are considered. The place and role of the state and territorial communities in the regulation of land relations are studied by comparing the relevant legal structures in Ukraine and other states, including the European Union.

1. Bhandar D. Colonial lives of property : law, land, and racial regimes of ownership. London, 2018. 265p. 2. Cheng L. Contemporary China’s Land Use Policy. Singapoure, 2021. 180p. 3. Dixon M. Modern Land Law. Eleventh Ed. N.Y. 2018. 500p. 4. Land Use and Land Cover Mapping in Europe. Practices & Trends/ ed. Manakos I., Braun M. 2014. 441p. 5. Mac Aodha M. Legal lexicography: a comparative perspective. 2014. 339p. 6. Martin N. Politics, landlords and islam in Pakistan. 2016. 192p. 7. McHugh P. G. Aboriginal Title. The Modern Jurisprudence of Tribal Land Rights. 2011. 356p. 8. Meng Z. Ownership of Trust Property in China. A Comparative and Social Capital Perspective. 2017. 171p. 9. Samuel G. An Introduction to Comparative Law Theory and Method. 2014. 210p.

Coursework is carried out in the form of lectures, Teacher’s explanations and group analysis of new material. Seminars suggest preliminary independent preparation and presentation of reports on a given topic, hearing the reports of groupmates and comparison of the obtained results. Discussion of the course is possible in groups as well as with elements of gamification. Some issues are studied using the case method based on the study of a case that occurred or is continuing to occur at the time of study in the practice of the countries concerned. Independent personal work includes searching for the peculiarities of land relations in specific countries, clarifying their nature, explaining the causes and consequences of implementation and formalizing the results in a given form for presentation and analysis in class.

Types of ongoing monitoring are selected according to the programme and may include evaluation of reports, surveys, testing, etc. The teacher, who conducts seminars, sets the number of points scored out of current control points and puts them in the documents of student performance. If a student is absent at a seminar for good reasons, he / she may work out the missed class in extra-curricular classes within 7 days after the missed class during the teacher's consultations. Academic detention is carried out by oral examination or other type of task set by the teacher. Points are not awarded for missed classes. It is not allowed to work out the missed classes at the end of the semester. Assessment of individual tasks is carried out in class according to a predetermined schedule of their performance by listening to the results, group discussion and more.

Ukrainian, English