Analysis of judicial practice regarding the discretionary powers of local self-government bodies in land disputes

Abstract

The article examines judicial practice regarding the discretionary powers of local self-government bodies in land disputes. The legal positions of the Supreme Court were analyzed, it was found that the scientific opinion of the Supreme Court determines the criteria of judicial control over the exercise of discretionary powers, the limits and concepts of discretionary powers. At the same time, there is no corresponding legislative consolidation, as a result, in judicial practice there are a number of problematic issues related to the discretionary powers of local self-government bodies in land disputes, which, in turn, are the most common and most problematic issues, because the relevant decisions are acts of individual action and concern specific persons.
Based on the results of the analysis of judicial practice, it was concluded that there are different legal positions of the Supreme Court regarding the discretionary powers of local self-government bodies today. The legal position of the Supreme Court was studied, which contains the most specific conclusions for the local self-government body and should be taken into account during the resolution of identical disputes, as the last legal position. The analyzed decisions of local courts on the same land disputes on the claim of recognition as illegal and annulment of the decision of the local self-government body, the obligation to take certain actions, it was found that the courts made different decisions on the same land disputes, which, in certain cases, creates financial problems for of a local self-government body, in others, makes it difficult for a person to choose an effective way to restore the violated right in the relevant category of court cases. It is proposed to exclude Clause 34, Part 1, Art. 26 of the Law of Ukraine «On Local Self-Government in Ukraine» and include the relevant item in Art. 33 of the Law of Ukraine «On Local Self-Government in Ukraine» providing for the creation of an executive body – a land department with the status of a separate legal entity – in village, settlement, and city councils.