CC BY
90
YflK 347.214.2
M. Jebaee
Belarusian State Technological University
LAND MANAGEMENT SYSTEMS IN DEVELOPING COUNTRIES: COMPARATIVE STUDY OF LEBANON AND BELARUS
The study aims to review the land management system (LMS) in the context of developing countries like Belarus and Lebanon. Further it explores different dimensions of LMS with view to comparatively analyze the difference between these two countries in term of land management. Building upon the previous literature, the study identifies four comprehensive parameters that influence land management and thus the systems governing land management. The study concludes with the recommendation of future scholars and land managers to manage the land effectively and efficiently with a view to enhance the utility of land.
Key words: land management systems, developing countries, actions, sustainable development, land administration programs.
Introduction. A process in which land resources are put in a decent effect is the process of land management. Management of land includes all actions linked with land administration that are needed to attain sustainable development. Real estate properties, natural resources are included in the concept of land and therefore it is comprised of whole natural and built in environment. The land management systems or the land administration systems are the frameworks of institutions. They are complicated in a way that they are prepared by considering local culture, political setting, judicial setting and technology plays a significant role in their performance. Overall understanding of the paradigm of land management is of vital importance to each country nowadays [1].
Land administration systems among various countries shares a diverse pool of legal systems and structures of institutions in order to identify ideal and realistic model for many reasons. Such as to service the requirements of government bodies, business enterprises and local public, utilization of most recent technology, and service the rights, duties, responsibilities, limitations and hazards attached to land for its sustainable development. Many models have already been designed for developed countries yet they have a room to be adopted by underdeveloped as well. Different models replicate drivers of development of technology and globalization that support the development of multifunctional systems of information which includes varied land rights, regulations on the use of land and other data that is useful. A key driver is the sustainable development that fuels the demand to have a broad information about the conditions of environment combined with other useful data related to land. Such models are considered important and a necessary approach towards the management of land.
The strategies and models at national level differ across the countries of Europe and Asia, general policies, strategic solutions and technology
based solutions are becoming obvious and offering on time solutions to other regions worldwide. Systems of land administration are hugely being verified in contrast to an evolving of a more integrated model which is adequate for developed countries and also have the capability to provide directions to underdeveloped countries [2].
The Land Management Paradigm
The structures of organizations for the management of land vary hugely across regions and countries in the world reflecting national culture and judiciary settings. The arrangements of institutions are subject to changes over the period of time in order to support the implementation of policies of land and their governance in a better way. Within the context of these two countries namely Lebanon and Belarus, the activities related to management of land are defined by three modules: Policies of Land, Information Infrastructures of Land and Land management function to support the sustainable development [3].
Policy on land is the part of policies at national level, which promotes the objectives that includes development of economy, equity and communal fairness and stability in governments. Policies of land are linked with: safety of tenure; markets related to land (especially transactions related to land and access to money); taxation matters of real property; proper and adequate use over the use of land; natural means and the environment; the allotment of land to needy and poor; minorities and weak women; and methods to preclude land speculation and to manage clashes related to land.
The operational component in the administration of land paradigm is the variety of functions related with its management ensuring adequate management of rights, limitations and responsibilities and hazards attached with the belongings, natural means and land. Mentioned functions are comprised of areas of tenure of land (to secure and transfer the rights of land and related properties); use of land (plan and control over land use natural
means); value of land (matters related to taxation and value); and development of land (implement of utilities, plan of construction and structure) [4].
The functions of land management are dependent on and are pushed by adequate structure of information related to land that includes databases of topography and catastrophe and offer access to whole and timely information about constructed and usual environment. Smooth and operational process of management of land is the implementation of policies related to land in a sustainable and complete way. On the other hand, there is a room in many countries to isolate tenure rights of land and use rights of land. Then there is no proper and effective mechanism for institutions in order to link the plan and use of land controls with the values of land and the running of market of land. These problems arise due to poor administration and managerial methods that often fail to execute needed services. Efforts and investment into up to date technology will help much to solve intense problems; the letdown to treat land and its means as a comprehensible [5].
Modern land administration systems in developed countries are supposed to facilitate the sustainable development, economic conditions of the country, social and cultural sustainability and sus-tainability in environment. This will be done through participation of public and decision making of government which is informed and accountable specifically to the natural environment and land built [6].
How Land Management in Developing Countries varies from Developed Countries?
This section of the paper shows the best practices being carried in the system of land management in developed countries and lessons for land administrators in developing countries. The scenarios in underdeveloped countries and learnings from the experiences of developed countries have been focused. The different requirements by each country regarding administration of land infrastructures because of difference in social culture, legal system, cultural values, economic conditions, and the circumstances of institutions and administrations has been recognized. This part provides insights on the common principles applied in the implementation of administration of land infrastructures in developed and underdeveloped countries. Importance on the development of a vision for the land management within each and individual country has been highlighted [7].
Framework of Reform of Land Management
The land management reform has been undertaken by adopting the best practices in the administration of land by developed countries. Therefore, it is vital here to look upon such factors that has widely affected the reform through specific adopt-
ed strategies. These strategies are made up of many discrete, well tacit, verified and broadly recognized components. Whereas these factors are large in number and put emphasis on the importance that each country needs to have its very own individual strategy. The "tool box" approach can be used to develop such strategies [8].
In order to design a strategy, it is vital to realize that overall each country either be of developed region or underdeveloped needs to have a collection of diverse strategies that depends on the relation between humankind and land. In general terms such points include:
1. Regions including cities and urban areas where operation of active markets of land is on the land which is titled.
2. Regions including cities and urban areas engaged by settlement that is informal (illegal or systems with low cost those are not under the regulatory structures).
3. Agricultural lands carrying high value being titled and the part of land market which is formal.
4. Private lands carrying no tittle in rural areas and villages.
5. Settlements in rural areas either be illegal or informal, especially in the forests of government.
6. Lands in different categories which are being claimed by formerly homeless persons.
7. Lands relating to government or state, forests and the reserves.
To certain extent all above points are common to all the developed and many underdeveloped countries [8].
Here the consideration is also given to the relation between society and land which is vibrant that realizes evolution in both these categories. These relations do not stay similar in the long run. The impact on the drivers of globalization such as development which is sustainable, urbanization, reforms in economic conditions, management of environment and the period of development of every county, affect the relationship between humankind and land. Generally, for example, in the area of Asian-Pacific, the countries are divided among four categories [9]. Those categories are:
1. Japan, Korea, Australia, New Zealand and Singapore are considered as developed countries.
2. China, Indonesia, Thailand, Malaysia and the Philippines are considered as newly industrialized countries or countries in evolution stage.
3. Vietnam and Laos are considered as countries at an early stage of development.
4. Fiji, Tonga and Vanuatu are considered as Island states.
Where every county keeps different priorities for development, but to some extent they do share same priorities somehow. Here comes the complication that a large of countries can not fit them-
selves in any of the above categories irrespective of having aspects to be the part of. But commonly the development of a country is influenced by the adopted strategies of administering the land system.
The mixture of these aspects decide or at least powerfully effect, the definite plan or plans implemented in revolutionizing or creating the system of land administration. These plans lure on the administration of land and cadastral "tool box" for their formal, lawful, practical and managerial solutions [9].
Such as there is a complete variety of measuring and plotting expertise and tactics conditional upon what is the phase of growth of the state and what is the main connection of humankind to land which is being measured or plotted? These choices contain periodic and methodical tactics, graphical and scientific studies, and different arranging expertise such as positioning of satellite or ascending off photomaps. Furthermore, there is a complete set of choices in order to record and determine the tenure of land relationship [10] There are titles of the land guaranteed by the government, registration systems of deeds, insurance systems of tittles, titles that are qualified, ownership to individuals and to communities.
For all these kind of measures there are a variety of expertise and certain technologies to which the development of a country and its wealth strongly influences. Such as, be it titles or deeds their records will be held on computer systems or on paper, internet can be used in order to get access to the records of land.
Arrangements of institutions are also impacted by similar aspects. Systems can either be centralized or decentralized. The stage of learning, teaching and training in a state. For example, underdeveloped country wishes to have a system of land management to which land tittle supports in a similar way as of developed country, this would possibly need more professional surveyors, conduct more programs in universities to educate those professional the required set of skills and this seems a time consuming and lengthy project [10]. Therefore, it can be argued that strength of a land management system depends on the practices that constitute that system.
Practices in the Administration of Land
Below are some practices that distinguish the land management systems in developing countries for that of developed countries [10].
Principles of Land Policy
When it comes to development countries, between the pressures of human activity and the environment, lays the essential balance of sustainable development. It is the system of mediating rights, controlling, recognizing and restrictions and responsibilities over land and assets that structure the
support. Land management, therefore, can and ought to assume a vital part in the framework for practical improvement in developing countries. Sustainable development in this specific situation refers to advancement that adequately consolidates financial, political, social, protection and asset management considers basic leadership for improvement [11]. The hurdle of adjusting these contending strains in complex basic leadership obliges access to precise and important data in a promptly intelligent frame. In conveying this goal, data innovation, spatial information foundations, multi-reason cadastral frameworks and land data business frameworks will assume a fundamentally critical part. Shockingly current social orders still have some approach before they will have the mix of legitimate, institutional, data innovation and business framework foundations required to bolster arrive organization for feasible improvement [11].
Emerging economies and under developing countries face a daunting challenge. Probably, the concentration ought not to be such a great amount on "discovering up" as on gaining from the missteps of the individuals who have gone some time recently. There is additionally the probability of discovering more inventive techniques. In a way that is completely overviewed cadastral layer is excessively costly at a specific stage in a nation's advancement or in the improvement of part of a nation, ought not to imply that documentation or enrollment of various qualities of rights over land can't proceed. The advantages and dangers should be weighed [12].
Land reform is not land administration. Land management change ought to if conceivable be nonpolitical and ought to be worried about setting up a proficient land organization framework to deal with the mankind to the land relationship. Land tenure reform and land reform, have by their exceptionally nature political targets, for example, the re-circulating area between various gatherings, and accordingly ought to be kept separate from the improvement of a land organization foundation. All in all, the presentation of land administration systems should not change the land residency connections among individuals and land. Then again systems of land management will empower arrive residency changes to be presented. In one sense a land organization framework gives a stock of rights, limitations and duties in a nation.
The mankind to a land relationship in all nations is alert. This implies the land organization reaction to deal with that relationship Land Administration Guidelines - Ian Williamson - 5 August 2000 - will dependably require change. The ebb and flow worldwide drivers for change incorporate feasible advancement destinations, urbanization, globalization, financial change and ecologi-
cal administration, with innovation affecting over all zones [13].
Infrastructure of land management of the future should deal with a developing multifaceted nature of rights, limitations and duties over land because of a more prominent attention to social and environmental objectives, as it is different from usual emphasis on economic imperatives [11].
The system of land management ought to give the foundation to oversee arrive. Arrive arrangement choices and land change choices ought to be kept separate from the administration of the land organization framework. An illustration is ranger service and state lands which ought to all be incorporated or recorded in the land organization framework, yet administration and arrangement choices with respect to such terrains are normally the duty of different offices. Then again the land organization foundation in a nation will be basic to the usage of any supportable improvement or ecological administration arrangements [12]. The land organization framework is the establishment on which such approaches are executed. All things considered, all national ecological and feasible improvement arrangements ought to unmistakably verbalize the part of the land organization in executing the approaches.
A land organization foundation requires a legitimate structure which implements the laws of government. Such a structure requires great laws as well as lawful establishments, experts, and government authorities who are versed in the law, and an equity framework which upholds the law. Such a lawful structure is fundamental to guarantee in developing countries that landholders are secure in their occupation, they are not seized without due process and pay, and the land market can work with certainty and security [13].
Over the decade, significant change has been observed in the debate related to cost recovery in land information systems, especially in developed countries. In general terms in developed countries, there is ever expanding acceptance in that administration, is in charge of most of the underlying expenses in building up the spatial information framework in a state or country, and especially as to the cadaster [12]. Exchange or trade of information is at an ostensible cost with progressive associations being made to trade distinctive information inside the state or national spatial information foundation (SDI) at no cost. Governments perceive that the advantages being come back to the government from this approach, particularly in the land organization setting incorporate:
1. Spatial information marketplace development.
2. Successive dealings within the land management area.
3. Economic advancement.
4. Social adherence.
5. Increase in land disputes.
6. Advancement of environmental management [14].
Cadastral systems and Land administration national exercises often considered simply rural activities. They are similarly as important to urban ranges as country regions. Referring to urban need-iness in under developing countries is a noteworthy issue, as is country destitution. Reforms of land management in nations like Indonesia are similarly as critical in casual settlements in urban zones (and is regularly more pressing) than in country regions. The significance of this is highlighted now there is an acknowledgment that urban communities are progressively the motors of financial improvement in creating nations. This is particularly an issue from the point of view of social soundness, ecological administration and economic improvement. In the meantime issues of tending to indigenous rights inside a land organization framework are similarly as basic as provincial and social issues however require diverse methodologies [14]. All the more imperatively it is for all intents and purposes difficult to attempt generous land organization change without considering all land, and that incorporates urban and additionally rustic, state, woods and indigenous land. A national approach is basic for land management change [15].
Principles of Tenure of Land
Range of alternatives should be adopted by emerging nations to affirming security of residency and advancing the development of the land showcase. A decent illustration is the Qualified Title (QT) technique embraced by Malaysia, potentially the NS3 Certificate methodology received by Thailand preceding the TLTP and the Qualified Title approach embraced in some Australian states to bring general law arrive under title enrollment. This paper is not recommending that the Malaysian approach is essentially the best procedure for each nation. Be that as it may it appears to offer another procedure, other than the utilization of deliberate titling. It is an especially valuable approach for the advancement of line or connection lodging in urban ranges in spite of the fact that it has been sensibly effective in country zones too [16]. In the meantime, Malaysia perceives the shortcomings of the QT approach, particularly if economic improvement targets are to be met. On the off chance that the QT framework as honed in Malaysia was to be considered for application in another nation it is vital to invest extensive energy completely understanding the qualities and shortcomings of the framework. Actually the statutory structure gives little understanding into how the framework truly functions. An examination of the necessities of any nation over each of the residency connections be-
fore an official choice is made on the long haul cadastral or arrive titling procedure ought to be embraced. In any event it shows up Indonesia requires a noteworthy continuous responsibility to land organization arrangement change in the meantime as it seeks after an efficient land titling approach. However inside the current statutory and authoritative structure, this might be effective [17].
In land management and cadastral systems traditional structures or manual procedures cannot be relied upon by developing countries that supported individual taxation and economic imperatives or independent methodologies that upheld singular purposes where information and procedures were looked after independently (in information storehouses, for example, arrive valuation, arrive titling and administration of state grounds and woodlands, are not economical. They are being supplanted by multipurpose cadastral frameworks where data about regular assets, arranging, arrive utilize, arrive esteem and land titles, including private or individual rights and indigenous interests, can be incorporated for a scope of business purposes. Inside a creating nation viewpoint, the institutional game plans to bolster such a dream are considerably more troublesome [16]. Then again there are some fantastic cases in creating nations where the institutional game plans are to such an extent that studying, mapping, arrive enrollment and valuation are inside the one government office (Thailand) [18]. Such courses of action surely encourage more coordinated advancements and the inescapable need to better use arrive organization information for purposes other than "stove pipe" or remain solitary frameworks.
The administration of customary, traditional or tribal lands adjudication and indigenous, more often than not requires the foundation of an expert government association, for example, a Department or Board of Indigenous Lands, together with a legal tribunal to regulate the arbitration of such terrains and to determine disputes [19].
Principles of cadastral and management of Land
It must be considered that every nation has diverse necessities for land management and cadastral basics because of their particular social, lawful, social, financial, institutional and regulatory conditions, there are regular standards in the plan and usage of land organization frameworks.
Infrastructure of land management ought to incorporate all rights, limitations and duties concerning all grounds in a nation. This implies all state, private, conventional or standard, and woodland grounds, ought to be recognized in the one land organization framework. Without an entire cadaster, land can be "stolen", arrive impose procedures are interested in defilement, straightforwardness in land organization is lost and great administration is
undermined. While actually such a dream may not be conceivable in the short to medium term in creating nations, it ought to be the acknowledged arrangement which gives a guide to future improvement [20].
The value if land registration process in developed countries has greatly extended from being principally a procedure to quiet titles, diminish debate and bolster effective land markets, to being a vital wellspring of land data fundamental for the support of good administration and feasible improvement. While this acknowledgment and reality will most presumably not be seen for quite a while in most creating nations, again there is a certainty in the process and therefore emerging countries ought to know about the need and the pattern.
Land management, land titling and cadastral assignments are long term by their very nature. Therefore, it is fundamental to have two strategies in place simultaneously; the first to embrace the settling of individual, standard and regular property rights in a methodical way (land titling) and set up a framework to enlist on-going exchanges and second is to proceed with approach advancement, enhance the land law and controls and guarantee that mediation and titling can in any case continue in a sporadic way [21]. Essentially a nation can't stagnate while arrangement advancement and statutory change are in progress.
In a developed country one of the arguments in favor of title registration context is not merely based on how efficiently and effectively it assists the process of the land protects and market the privileges of occupiers or land owners, however how it benefits a national land data system. In this setting title enrollment is an effective method for recording essential interests in all land divides a state, purview or nation. In the meantime, title protection, because of private segment responsibility for, does not more often than not bolster the foundation of national LIS and is therefore not energized. While such a dream is frequently observed as long haul in creating nations, it will turn out to be progressively essential in support of sustainable good governance and development objectives [21].
Principles of Institutions
An overall experience demonstrates that fortunate land management systems have all the land organization works inside single government entity. There ought to be one government division in charge of the land organization foundation in a nation. This does not imply that such an office controls the utilization of the land the nation over however it controls the land organization framework or the recording of "what is the place" and "who claims what". This implies in any event the organization of cadastral reviewing and mapping, arrive enrollment and valuation, are all in the one
association [22]. However worldwide pattern shows that the best frameworks likewise incorporate all topographic mapping in a similar association. As expressed by the UN-FIG Bathurst Declaration: "Each one of those included in land organization should be energized to perceive the reliance and connections between multiple parts of land and property. Specifically, there is requirement for useful participation and coordination among studying and mapping, the cadaster, the valuation, the physical arranging and the land enrollment organizations."
State, government, ranger service or save grounds ought to be controlled or if nothing else recorded in an indistinguishable framework from private or freehold lands. Essentially 100% of all grounds ought to be incorporated into the land organization framework. In a straightforward sense a land registry ought to end up distinctly a national stock of landed interests [23].
Principles of Spatial Data Infrastructure
Infrastructures of spatial data are a basic part of land organization frameworks. Vitally the cadastral, property or land residency layer must be coordinated with every single other layer, for example, the topographic layer. These can be printed version maps in creating nations while they are getting to be automated systems in developed countries [24].
A spatial information foundation is considered as essential of systems, similar to streets, railroads and power conveyance, which bolsters maintainable advancement, and specifically financial improvement, ecological administration and social stability [24]. Vitally it must be clients or business frameworks which drive the improvement of SDIs. Therefore, the business systems which depend on the foundation ultimately get to be framework for progressive business systems. Subsequently a perplexing course of action of organizations creates as the development of SDI [23]. Governments are more and more embracing that supportable advancement is impractical without this fundamental land data foundation.
Principle related to use of technology in land management
In developing countries, one of the most complicated aspects of land administration reform is computerization. In one way it is fundamental and inescapable, however mind should be taken in the presentation of IT. The presentation of IT into vast government offices in creating nations requires a noteworthy IT key arrangement and a long haul responsibility. A basic IT execution program, requires long haul political support, administration at the most abnormal amounts in government, and requires a long haul responsibility to human and monetary assets. Encounter from created nations proposes that the most ideal approach to present IT is using the private segment [24].
Principles of development of Human Resource
Human resource development and in specific training and education are the essentials for a developed country to sustainability of land administration infrastructures either overseas or in country.
Outline of land organization activities is regularly the dedication to human asset improvement (and especially formal instruction and preparing, both in-nation and abroad, short courses and study visits). Without uncertainty, this is a standout amongst the most critical components, if not the most imperative calculate the manageability of undertakings. As a "general guideline" no less than 10% of the spending plan for a venture ought to be focused on human asset improvement [25].
It is inferred that the cadastral and land organization frameworks doesn't end themselves. They increased agricultural productivity, environmental management, effective land markets, political stability and social justice and sustainable economic enhancement in developed and under developed countries both. Land management improvement by its exceptionally nature is long haul and all things considered there is a requirement for a reasonable guide to guarantee that all advancements and changes add to the general vision for the land organization framework for the nation for creating nations extraordinarily [24].
Analysis of Land Management in Belarus and Lebanon
Urbanization in both countries i. e., Belarus and Lebanon takes after normal provincial examples and world patterns: the urban populace is expanding (as of now more than 73 for each penny of the aggregate populace, instead of 57 for every penny in recent yeras), and the principle development is enrolled in the capital city of Minsk, home to about one-fifth of the aggregate populace of the nation. Movement is connected to the open doors offered in urban territories by the development of industry and administrations and better living environment.
At the hub of the land, administration is followed in urban living. While urban management directions are continuously covering a greater amount of Lebanon's surface region, around 9,000 km are still not zoned [25].
Urban groundbreaking strategies can shape urban advancement in and around urban areas and in addition touristic locales and normal legacy destinations. This section surveys current advance in creating zoning directions. It then exhibits an audit of different lawful instruments for the security and preservation of characteristic legacy destinations and closes with an understanding of the condition of reforestation in Lebanon. It profoundly affects the control of real land advertises in the nation. Sadly, coordinating the preservation of normal locales into urban all-inclusive strategies is still remarkable [25].
Urban planning involves several stakeholders. While the Directorate General for Urban Planning (DGUP) is responsible for developing urban planning regulations, the Higher Council for Urban Planning, the CDR and local municipalities also play an important role in formulating and enforcing master-plans.
There are a few indications of an inspirational mentality appeared by the Government of Belarus towards the lodging and land administration area, including various changes and by-laws. In accordance with comparable experience s in the district, the nation's lodging and land administration framework need to react and adjust to post-Soviet period needs and in addition political and institutional rebuilding. For example, privatization of lodging was one of the primary approaches to progressively enhance the prosperity and living states of the general population of Belarus. Gone in 1992, after a few corrections, the Law "On the Privatization of Housing Stock in the Republic of Belarus" permitted the Government not to distribute lodging space to subjects. Starting 1 January 2008, exclusive lodging stock represented 84.4 for every penny, when contrasted with 53.5 for each penny in the mid-1990s [25].
Regardless of a general propensity to adjust themselves to local advancement examples and changes, current patterns and arrangement introductions in the lodging and land administration divisions should be more grounded to accomplish the full and viable investment of all partners in or influenced by the lodging area, including a more proactive inclusion of the private segment. The decentralization of basic leadership is additionally important to include neighborhood powers and organizations, which is a significant perspective in such manner. By and large, the Government and its services ought to release their administrative capacities and increment help and checking of relations and trades between the general population and private parts. Henceforth, the know-how and experience gained in administrative systems ought to be connected more in the observing periods of tasks to check the diverse performing artists' consistence with laws and principles. The administer setting elements of the Government ought to be casual and decentralized to take into account basic leadership at the neighborhood level while encouraging and observing the connections between the diverse performers (counting non-legislative associations (NGOs) and the private segment) required in lodging and development organizations. The two lead services on issues relating to lodging and land administration are the Ministry of Architecture and Construction and the Ministry of Housing and Communal Services, however moreover various different services and boards are in-
cluded in this arrangement territory, leaving just a constrained part and decreased number of undertakings for neighborhood level powers. Covers of duties at the most abnormal amounts and the constrained basic leadership forces of the nearby structures keep the framework from being more compelling and adaptable [26].
The work of nearby and local governments ought to hence be given more noteworthy extension and more freedom for figuring and actualizing lodging strategies. The State is the primary onscreen character in the lodging and development segment. Development exercises are actualized by the State through State-claimed development organizations. As an outcome of an administration drove showcase and brought together basic leadership and also confinements on the parts of NGOs and the private division, those two performing artists assume a restricted part in policymaking and the execution of choices. Their absence of cooperation does not upgrade the straightforwardness of procedures furthermore, debilitates remote financial specialists.
Likewise, with lodging, the impact of national arrangement o overrules neighborhood needs. Engaging nearby organizations to choose neighborhood arranges and their execution would enhance neighborhood quality and acknowledgment of arranging measures [26]. To broaden its approach, the Government ought to likewise make utilization of those urban organizers who work in private practice and ought to consider diverse advancement choices and arrangements. Notwithstanding the private part, different partners need to assume more grounded parts. Interest ought to be empowered, not debilitated. For example, there are a couple of motivating forces for mortgage holders to set up property holders' affiliations. Existing enactment is not mandatory; indeed, the affiliations are set up only in new condos, and just a not very many exist in structures with privatized residences. The formation of property holders' affiliations ought to wind up distinctly compulsory [25].
Mechanism and Models of Land Management in Belarus and Lebanon
Land is an asset and in the meantime, it is non-renewable. So it ought to use precisely. Arrive organization is about procedures of deciding, recording, and spreading data about the possession, esteem, and utilization of land, when actualizing land administration strategies [27].
LA envelop taking after for capacities which are ordinarily attempted by a blend of experts, counting surveyors, engineers, legal advisors, arrive financial experts, organizers, and designers [1]. Urban land administration is finished with utilizing of taking after fundamental three land administration procedures:
1. Arrive Acquisition: Compulsory securing of land through Land Acquisition Act is the traditional way to deal with land obtaining, yet it has not withstanding for open reason, turn into a tedious procedure.
2. Readjustment: The idea of land rearrangement is to collect little land packages into a substantial land allocation, with framework in an arranged way and give back the reconstituted land to the proprietors, subsequent to deducting the cost of the arrangement of foundation and open spaces by the offer of some of adjusted land.
3. Guided land advancement: Guided land improvement utilizes the arrangements of foundation as an instrument to control urban advancement. It is done in organization with landowners who pay for the cost of serving their territory through gift of land for open framework and installment of an improvement collect.
The most well-known method for open control on urban land is through zoning, thickness and building directions. These arrangements are spelt out in all-inclusive strategies arranged for every city. Rather than the obtaining of little bundles of land, in a couple of urban communities, the neighborhood powers have depended on vast scale securing of land [1].
There are various models in land management that defines the strength of a land management system. Two of the most relevant ones are analyzed below in the given context.
The Town Planning Scheme
It is being taken after as an option technique to collect the land for urban advancement exercises in a fast and monetarily reasonable way without taking response to obligatory obtaining of land. received the Town Planning Scheme (TPS) to speed up the procedure of land improvement, which was compelled by the then existing technique for land obtaining and advancement as it was both tedious and costly in light of lawful issues and the substantial pay the neighborhood powers needs to pay to land proprietors [28].
To conquer such troubles, the state embraced the strategy of land pooling (followed in Eastern Asia by Japan, South Korea and Taiwan), whereby sporadic plots of land are pooled together, adjusted and reconstituted into precise plots before giving back an extent of enhanced land to the proprietors [27].
It was trusted that with less of monetary exchanges, this strategy of land improvement would work out to be quicker and less expensive. For the fulfillment of the land proprietors, the technique included a sort of group support in which the judgment of the proprietors was looked for at all phases of improvement [29].
TDR Model
Under the TDR idea, the advancement capability of a plot of land somewhat or completely held
for open reason can be isolated from the land itself and be made accessible to the proprietor of the land by method for TDR as Floor Space Index. For super urban communities and for those urban areas, which is in under, create conditions, which have an adequate land than T.P. Conspire component is additionally great in current condition. TDR model is for the most part utilized when accessibility arrives is less and city improvement done in vertical bearing [30].
Special Aspects of Land Management Land administration in Belarus is based on the following main legal instruments: the Civil Code, the Land Code, the Law "On state registration of immovable property and transactions therewith", the Presidential Decree "On Valuation Activities in the Republic of Belarus", the Presidential Edict "On Expropriation and Allocation of Land Plots" [31]
According to the Land Code land users may have land plots with the following rights: of state and private ownership, as well as of ownership of foreign states, international organizations; of lease (sublease), of lifetime inheritable possession; of permanent use; of temporary use.
According to the "On Expropriation and Allocation of Land Plots" by Presidential Edict land plots are allotted: to citizens on the right of temporary use, lifetime hereditable possession, private ownership or lease; to individual entrepreneurs, on the right of lease; to legal persons of the Republic of Belarus, on the right of permanent or temporary use, private ownership or lease, to legal persons -not being residents of the Republic of Belarus - on the right of lease [32].
Ownership to Land and Land Plots Ownership to land, land plots may be a state one and a private one. Lands, land plots which are not privately owned by the citizens of the Republic of Belarus, privately owned by foreign citizens and stateless persons who are relatives of the legator in the case of acquisition by them through inheritance of the land plots which are allocated to the legato into the private ownership, privately owned by the non-state legal persons of the Republic of Belarus and are owned by foreign states, international organizations are owned by the state. A land plot may belong on the right of common (shared or join) ownership to several owners [33].
Lease of Land Plots Land plots may be allocated into the lease to the citizens, individual entrepreneurs, legal persons of the Republic of Belarus, foreign legal persons and their representations, foreign states, diplomatic representations and consular offices of the foreign states, international organizations and their representations in accordance with the Land Code and other acts of legislation on land use and protection. Lessors of the state owned land plots are the state
bodies carrying out state regulation and administration in the sphere of land use and protection in accordance with their competence stipulated by the Land Code and other acts of legislation. The citizens, non-state legal persons of the Republic of Belarus having land plots in the private ownership maybe lessors of those land plots under the condition of observance of their intended purpose [34].
Lifetime Inheritable Possession of Land Plots Land plots may be allocated into the life inheritable possession to the citizens of the Republic of Belarus: For the construction and maintenance of a dwelling house - in the cases established by the president of the Republic of Belarus, while land plots are allocated without holding an auction; for the maintenance of the dwelling house, apartment in the blocked dwelling house registered by the organization on state registration which are belonged to them under the right of ownership; for keeping personal subsidiary husbandry in the agricultural settlements, urban-type settlements - being registered at the place of residence in those settlements.
In the case of inheritance of the land plot which has been allocated earlier to the legator into the life time in heritable possession [34].
Permanent Use of Land Plots Land plots are allocated into the permanent use (use without a pre-established term) to:
State bodies, other state organizations (with the exception of allocation of land plots for the construction of the refueling stations) - for the implementation of tasks and functions specified by the legislation; non-state legal persons of the Republic of Belarus - for maintaining objects of immovable property which are owned by the state; agricultural organizations, including peasant's (farmer's) households, other organizations - for keeping agriculture, including peasant's (farmer's) household, as well as for keeping subsidiary agriculture [35].
Temporary Use of Land Plots Land plots may be allocated into the temporary use to persons and for the purposes specified above for the permanent use; the citizens of the Republic of Belarus for gardening, haying and pasture of agricultural animals-for the period of up to ten years [34].
Analysis of Economic efficiency of Land management in Belarus and Lebanon
Just as of late has the institutional structure of a nation been specifically associated hypothetically to its specific monetary outcomes. The interde-pendency between financial execution and establishments is perceived as a progressive chain including, for instance, organizations, trades and their costs. To increment financial outcomes, a well-working trade available with low expenses (i. e., exchange expenses) is a necessity. This confused
interrelationship might be viewed as a "complex interrelated structure" [35].
Amid the mastery of neoclassical financial aspects, the presence of a foundation free society was broadly acknowledged. In particular, neoclassical financial aspects reject any key part of organizations in expanding the monetary execution of a general public. Neoclassical hypothesis expects a superbly focused market, finish property rights, zero requirement, unbiased government and changeless tastes. It might likewise be described through zero-exchange and change costs including zero expenses as to getting complete data and arranging contracts. All assets are completely designated to private proprietors, who regularly have benefit augmenting conduct. This hypothesis particularly accepts that most extreme salary must be come to if exchanges are costless and property rights are all around characterized. Consequently, neoclassical financial matters are immovably established in a normal decision show [36]. For the whole economy when all is said in done, zero exchange costs mean an autonomous allotment of monetary outcomes in spite of the property rights structure. On the off chance that it costs nothing to execute, the gatherings will execute until they are in the greatest conditions.
The previous is important to an impeccable market, which is not the situation in today's existence: "The universe of zero exchange costs ends up being as weird as the physical world would be without grinding". Taking after this advancement, new institutional financial aspects (NIE) has developed due to the acknowledgment of a nearby association amongst establishments and financial aspects. In particular, NIE presents the ideas of non-zero exchange expenses and establishments with property rights [36].
New institutional financial matters are separated from "old" institutional financial aspects. NIE is based upon institutional financial matters, which thus interconnects strife, reliance, and request, in view of the standards of shortage, productivity and futurity. NIE likewise recognizes foundations as aggregate activities impacting singular activities through control, freedom, and development.
The hypothesis of foundations is established in a hypothesis of human conduct and of the expenses of executing. NIE depends on three confirmations, to be specific that there are other suitable property rights alongside the possession right; these property rights distribute assets in unsurprising and specific ways; lastly, there are non-zero exchange costs [37].
As opposed to neoclassical financial matters, NIE expect a flawed market with panic assets and, subsequently, inescapable rivalry. It additionally perceives the urgent part of establishments and, in
this way, acknowledges the significance of thoughts and philosophies for an economy. It additionally accepts inadequate data and thus instructive asymmetry between executing parties. This thusly creates exchange costs. At the point when exchange costs emerge, foundations matter as they shape a system for human connections including trade. One of the particular elements of NIE is the defen-selessness of foundations to the investigation [37].
A procedure in which a purchaser is going up against others for the products being gotten from a dealer is recognized as a trade. From an individual perspective, a trade is associated with an unadulterated private advantage, i. e., when this advantage surpasses the cost brought about.
It would be an error also that the economy of a nation depends on foundations as well as on generation with new innovation. In this manner, both are of most extreme significance for expanding financial execution, as they influence production and transaction costs. Among a wide range of institutions, well-established formal rules and appropriate property rights play significant roles since they directly affect a magnitude of transaction costs. Specifically, the economic performance of a country depends on production and institutions, including formal and informal rules along with enforcement. A significant market economy is only possible with appropriate institutions. Institutions are generally considered as the constraints consciously developed for shaping human behavior. This is based on the assertion that efficient institutions are one of the prerequisites for the functioning of a country's economy in general, and the property market in particular, as they affect transaction costs. Thus, institutions define a way things must be done, while efficient institutions define productive pathways for doing things. When such institutions are absent, doing things becomes impossible or very costly. Moreover, institutions have to be mobile and open-ended in order to function smoothly and at a low cost that is adjustable to new circumstances [38].
In addition, a Presidential Decree of 7 June 2007 adopted the State Comprehensive Programme of Development of Regions, Small and Medium Towns for 2007-2010. A concept for regional development in Belarus up to 2015 is also being developed. The State Programme on Village Recovery and Development for 2005-2010 is a national initiative to reinvigorate rural economies and to solve social problems in rural areas. By proposing viable income generation possibilities in rural settings such as farms or small towns, an attempt is being made to reduce urban migration to Minsk and other large cities. Having observed the recent developments of the property market in Belarus, its increasing intensification from year to year was
easily predicted. For the property market, in order to meet the growing number of property transactions in Belarus, a smoothly designed process of property purchase is of significant importance [39].
The proposed model for a new purchase process in Belarus is based on the previous comparison of the three similar national processes. As emphasized, the existing Belarusian purchase process is estimated as generating higher transaction costs in comparison with the Slovenian and Swedish ones. Since the latter appears to generate the least transaction costs, it is taken as a basis for a new purchase model in Belarus.
This new process model implies the participation of a real estate agent facilitating the process for both transacting parties along with a bank financing a property purchase. The involvement of a bank in the purchase financing is widely acknowledged as a more attractive way of financing within a formal legal framework. Ownership registration is retained as obligatory. Updating the tax register occurs automatically as soon as ownership registration is performed through e-transfer of information [39].
Analysis of government regulation of land relations in Belarus and Lebanon
After the independence in 1991, Belarus attempted a monetary change, economic reform in which a free market of exclusive land and lofts was a vital segment. From that point forward, Belarus has been changing the "old" Soviet residency framework with its restrictive state proprietorship ashore and a sharp state control into an arrangement of the conjunction of state and private land possession.
The change procedure began with an exhaustive land change. In any case, the land change differed in its power amid the freedom time frame. At the outset, the land change was set apart by the presentation of private land proprietorship and a dynamic land privatization. Be that as it may, throughout the years, the land change has lost its oddity and started to decelerate. This may be clarified by an absence of clarity in land approach and disagreements of land enactment with other administrative acts. The Civil Code of 1998 gave an effective impetus to begin the land change once more. Around then, it was basically gone for presenting a current property enrollment framework [40].
Since 2002-2003, a critical institutional reassociation of the land organization area started in Belarus. This was particularly gone for joining separate administrative capacities on recording land and different sorts of property (i. e., structures) performed by two diverse legislative bodies. In particular, one was in charge of the enlistment of land plots with separate rights, while the other kept records on structures and different structures with ap-
pended lawful rights. At present, the whole range of property-related exercises, including property enlistment, is solely under the obligation of a solitary legislative body - the State advisory group on the property.
The on-line access to the property enrollment framework desperately requested by a developing property advertises has been in operation since 2006. Mostly, due to the attempted modernization, the number of enrolled land plots has expanded from 100,000 up to 1.1 million plots in between 2003 to 2008 (UN-ECE 2010).
A noteworthy accomplishment for Belarus and Lebanon has been its ability to put and encourage advancement in particular divisions that are starting new financial development. The principle case for this is the IT segment. With profoundly taught youngsters and an ideal enactment, Minsk has turned into the focal point of the local IT unrest. Somewhere around 2015 and 2014, IT-related fare developed by 18% and the segment is presently utilizing more than 45,000 individuals. The Minsk High-Tech Park has been shortlisted in September 2016 as Europe's outsourcing goal of the year [41].
Markers propose that the development in the IT area will undoubtedly proceed in the coming years. This will bring about the further advancement of Belarusian worldwide organizations and the development of another working class framed by nearby high talented representatives.
Alongside cultivating the development of areas, for example, IT, the general population and private
performers have likewise been putting resources into option vitality. In August 2016, the Belarusian portable bearer Velcom initiated the country's greatest sun-powered power plant. The plant is situated in the southern Gomel locale along the Ukrainian outskirt. The venture was particularly applicable as it uses arrive contrarily influenced by the Chernobyl fiasco. It additionally gives a noteworthy power yield that can give enough vitality to light Minsk amid evening time [41].
For a nation profiting from extensive and mea-gerly populated normal spaces, such tasks are a fundamental stride toward a more beneficial and reasonable improvement.
Conclusion. The study reviewed the literature on the land management system (LMS) in the context of developing countries like Belarus and Lebanon. Further it explored different dimensions of LMS with view to comparatively analyze the difference between these two countries in term of land management. Building upon the classical as well as latest studies on the theme, the present study identified four comprehensive parameters that influence land management and thus the systems governing it. The study suggests town planners and land administrators to enhance the utility of land by proper selection and implementation of LMS while considering the regulatory and economic conditions of the region where land is supposed to be managed because one system that is effectively managing a land in one region may be less effective in another region because of differing conditions.
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Information about the author
Muhamed Jebaee - instructor. University of Arts, Science and Technology (4, Main Street, Beirut, Dikwani, Lebanon); PhD student. Belarusian State Technological University (13a, Sverdlova str., 220006, Minsk, Republic of Belarus). E-mail: [email protected]
Received 22.02.2017
