The Legal Problems of Functioning of the Agrarian Clusters in the Conditions of Opening of the Land Market in Ukraine

Abstract

It is devoted to the study of the legal nature of the «agrarian cluster» as a new business entity in the agro-industrial complex of Ukraine in the conditions of opening the land market and decentralization of agricultural lands. The scholar examines the decree of the President of Ukraine and the resolution of the Cabinet of Ministers of Ukraine, which allow territorial communities to dispose of agricultural land at the local level and thus develop agricultural business at the regional level in terms of «agricultural cluster». The author analyzes the legislative support for the activities of «agricultural clusters» in our country through the prism of land law, agricultural law, commercial law and the provisions of scientific doctrine. The main programs of the Government of Ukraine for the last ten years, which were related to the development of the cluster movement in the country, are studied. The legal definition of «agrarian cluster» is studied through the prism of scientific doctrine and foreign experience and the author’s interpretation of this legal institution is offered, which must be included in our current agrarian and commercial legislation. In addition, the author reveals the fundamental legal problems that exist in law on the legal regulation of «agricultural clusters in Ukraine and offered to take a special legal act that would regulate the relationship of these agricultural and amend the commercial legislation. The scientist emphasizes in the article the need to develop and adopt a special state and legal program at the legislative level, which will provide financial, legal, economic, investment and organizational conditions for the creation and operation of «agricultural clusters» in the country and attract foreign investors. Moreover, in the scientific work analyzing the current land legislation and proposes to resolve the legal issue of ownership and use of agricultural land for commercial agriculture «agricultural clusters in the functioning of the land market in subsequent years in Ukraine.