General characteristics of the legal regime of landsunder waste deposits
DOI:
https://doi.org/10.31548/law2019.02.014Abstract
The article deals with the analysis of the legislative consolidation of the legal regime of lands occupied by waste deposits.Analyzing art. 19 of the Land Code of Ukraine, the author comes to the conclusion, that the legislator does not allocate a separate category of lands for the arrangement of waste deposits. At the same time, the attention in the article is drawn to the fact, that the last, the ninth of the land categories suggested in the Code according to the main intended use, contains an indication that it includes the lands of «other intended use». On the basis of the system analysis of the legislation in this area, the author assumes that theoretically, this very category includes lands intended for the allocation of waste deposits. The author generalizes that the Land Code of Ukraine does not regulate in detail the legal regime of lands occupied by waste deposits, giving them a place among the lands of other intended use, the legal regime of which does not have a real regulatory content either. Such state of affairs, in the author’s opinion, is not satisfactory, especially in the light of declaring by the Code the obligation of the landowners and land users to ensure the use of land according to its intended use.
Key words: legal regime of lands, land of industry, transport, communication, energy, defense and other purposes,legal regime of landsunder waste deposits.
References
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