Economic and Legal Manifestation of the Declared Ownership of the Ukrainian People to the Main National Wealth
Abstract
Abstract. Due to the lack of a scientifically based and legally regulated economic and legal system of practical manifestation of the declared constitutional property rights of the Ukrainian people to the land and its natural resources as natural objects, which de jure are the main national wealth, as well as - the corresponding decision of the Constitutional Court of Ukraine regarding the official interpretation of the current norms of this law, in practice there are departmental-monopoly corruption-oligarchic schemes of appropriating the nation's capital. The purpose of the work is a systematic analysis and synthesis of the essence of the declared ownership right of the Ukrainian people to the land as the main national wealth and the adopted relevant Laws of Ukraine, which have an anti-constitutional flavor, and modeling of the algorithm for possible painless settlement of existing problems. For the first time, it was substantiated as an established fact that all citizens of Ukraine, who have a single citizenship, became de jure and de facto co-founders of an independent sovereign state and exclusive co-owners of the main national wealth located throughout the geospace of Ukraine within the internationally recognized state border. It has been established that the most significant paradox of the "state formation" of a unitary and indivisible state was the destructive introduction by the pro-communist majority of the Verkhovna Rada of Ukraine of three forms of land ownership: "state", "private" and the imaginary "collective", which does not exist in any civilized country in the world, through the adoption of 30 of January 1992 of the Law of Ukraine "On Forms of Land Ownership". It has been proven that the so-called "land and agrarian reform" initiated on the basis of "collective ownership of land" is not deliberately introduced by the state authorities into the current constitutional field of Ukraine - until now, however, the Verkhovna Rada of Ukraine adopted the so-called Law on this basis in 2020 of Ukraine "on the circulation of agricultural land". It was discovered that the "legislators" changed articles 79 of the Civil Code and 373 of the Central Criminal Code of the constitutional norm regarding the right to "use" natural objects of the people's property rights, in other words "distribution". Reasoned ways of solving the existing anti-constitutional problems have important practical value, as they are related to the victory of the Ukrainian "constitutional land truth" on the "internal front" and are intended for the implementation, without waiting for the end of the war, of the legislative initiative of the President of Ukraine, people's deputies and the Government of Ukraine.
Keywords: Declaration on state sovereignty of Ukraine; constitutional land law; criminology; land reform; use; cognitive land economy; corruption; national wealth.
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