In article there is a speech about an essence and features of institute of neighborliness in the existing ground legislation of Ukraine.
Neighborliness
The city the Pike perch – the specific settlement. The most part of the city is under the low private housing estate, which feature – sovladelchesky households, that is the houses, which owners two and more owners.
In this case ground legal relationship are under construction on a neighborliness principle. There is no it there are ground disputes and conflict situations.
For the first time the Land code of Ukraine in edition of 25.10.2001 come into force since 01.01.2002 and operating now, provided norm which regulates the public relations arising between owners and land users of the next, land lots divided by border.
The whole chapter which completely opens concept, the maintenance of neighborliness, and also the right and a duty of owners and land users of the land lots is devoted to the specified norm.
In explanatory dictionaries the term "good-neighbourhood" is defined as inherent, characteristic for kind neighbors. If it is a question of the relations between neighbors, these are friendship.
The land code of Ukraine establishes the general rule where the offer to owners and land users of the land lots is formulated, to choose such ways of use of the land lots according to their designated purposes at which the moral and esthetic norms inherent in good-neighbourhood won’t be broken. Thus owners and land users of the next land lots shouldn’t feel inconvenience in the course of use of the land lots belonging to them. As such inconveniences can be: created by buildings and constructions, trees and bushes a shadow; smoke from industrial economic activity or burning of a waste of household production; the unpleasant smells arising owing to industrial, agricultural or other activity, noise pollution.
That good-neighbourhood between owners and land users of the next land lots is considered as an obligation of each party is important. Thus, the ground legislation not only proclaims need of the tolerant relations between owners and land users of the land lots diconnected by border, but also establishes a legal obligation not to create a barrier neighbors in use of the land lot.
The land code of Ukraine for owners and land users of the next land lots establishes a duty to cooperate the land lots in use provided to them. Such cooperation is carried out for the purpose of ensuring effective use and protection of lands, improvement of their production capabilities, joint carrying out intereconomic and intraeconomic land management, placement of joint economic units and the centers, internal roads, the organization of agricultural zones, economically optimum device of ground grounds, establishment and preservation of mezhevy signs, etc.
Besides owners and land users of the land lots can demand the activity termination on the next land lot if it harmfully influences human health, animals, on air, the land lots and other.
According to existing ecological legislation of Ukraine, damage of trees and bushes including by cutting of roots by it and branches, is violation of the legislation and involves legal responsibility. At the same time, Art. 105 of the Land code of Ukraine provides an exception of the specified general rule. If branches and roots of trees and bushes which grow on the land lot, interfere with use of the next land lot on a designated purpose, they can be cut off by the owner or the land user of the land lot with which use interfere. For example, roots of trees can destroy the base of buildings and constructions, to interfere with cultivation of crops, service of houses and economic constructions; branches of trees and bushes can shade grounds, to be a barrier to active growth of agricultural plants, flowers, to create inconveniences for processing of the land lots.
The separate attention is given to borders of the land lot. To Mezhevye signs on them are established by the zemleustroitelny organization having special permission (license) to performance of such works. Signs are established to Mezhevye according to data of ground and cadastral documentation and transferred to the owner or the land user of the land lot to safety under the delivery-acceptance certificate.
The owner of the land lot by the ground legislation of Ukraine is allocated with the right (ZKU Art. 106) to demand from the owner of the next land lot of assistance to establishment of firm borders, and also restoration of mezhevy signs in cases if they disappeared, moved or became inexpressive. Besides, the Code of Ukraine about administrative offenses provided responsibility for not preservation or destruction of mezhevy signs.
Despite a set legislative and the regulations regulating ground legal relationship, resolving on borders of sites, it is necessary to remember the arisen disputes first of all the normal human relations, education, mutual respect to each other and in any arisen situation to be guided by a simple vital principle: the bad world is better than good war. You are neighbors and nobody can judge and solve your problems in relationship with each other better, than you.
And. BEREZINA, head of department of the ground relations of the Sudaksky Executive Committee of the City Soviet of People’s Deputies.