THE PROCEDURE OF LAND PLOTS OWNERSHIP ALLOTMENT IN TERMS OF ADMINISTRATIVE PROCEEDING STRUCTURE

Abstract

Abstract: The article is devoted to the analysis of administrative proceedings structure concerning the ownership of land plots, which are implemented in the local government authorities’ activity process. The theoretical basis of the article are the traditional for the science of administrative law views upon administrative process and administrative proceedings gist and content, as well as the views upon the administrative process structure in terms of such its feature as staging. It is shown that the difficulty of administrative proceedings structure determining on free land plots ownership for citizens is that each of its stages has features of separate administrative proceedings. This is a proceeding for granting permission for the development of a land management project as for land allotment, a proceeding for the development and approval of a land management project for the land plot allotment, a procedure for approving a land management project and providing a land plot for ownership. It is suggested to refer to such proceedings as “stage proceedings” or “sub-proceedings”. Stage proceedings or sub-proceedings can be defined as a substantively separated, time-bound and logically related set of procedural actions that, in the aggregate, constitute independent administrative proceeding within the framework of higher-level administrative proceeding. A characteristic feature of sub-proceeding is that they are implemented in a clearly defined sequence and have no independent value beyond the general administrative proceeding for the land plots ownership granting. The procedural purpose of each sub-proceeding is related to the ultimate procedural purpose of the general administrative proceeding. Each of the sub-proceedings results in the adoption of an administrative act, namely the decision of the local council to grant permission for the development of land management for allotment of land plot; act of the land management project approval by the executive power authorized body; the decision of the local council to approve the project of land management and allotment of the land plot in ownership. It is concluded that there is no stage of decision execution for the provision of land plots in the administrative proceedings structure, since the decision of the local council as for approval of land management project on the land allotment and the provision of the land plot to the property do not require activity for its implementation. The legal consequences of this decision arise automatically and consist in the person’s having ownership of the land plot. As for the subsequent registration of ownership right, it is carried out according to independent administrative registration proceeding.

Keywords: Administrative procedure, administrative proceeding, stage proceeding, sub-proceedings, land plot, local authorities.