Special protection of the Ukrainian lands as the main national wealth: theoretical and legal aspects
DOI:
https://doi.org/10.31548/zemleustriy2022.02.09Abstract
Abstract. With a unique soil cover, Ukraine has been leading in the production and world export of grain crops and sunflower, providing grain needs for 400 million people in recent years. However, an unbalanced scarce farming system has caused increased soil degradation and a decrease in its fertility level.
In connection with this, the relevance of the protection and rational use of land has increased significantly, as the tendency to worsen the quality of land has intensified, and sometimes it became a crisis. Russian aggression has led to the seizure and destruction of part of the land resource, soil cover pollution, mining of significant territories, direct physical damage to Ukrainian black soil.
The article is aimed at studying the implementation in the country of the constitutional provision for the special protection of land as the main national wealth, as well as the main directions of ensuring the reproduction and increase of soil fertility. The relationship between land and civil law is analyzed, the peculiarities of the presentation of the provisions of Article 14 of the provisions of the Constitution of Ukraine, Civil Code, Law of Ukraine "On Land Protection" are disclosed.
The necessity of improving a number of provisions of the Law of Ukraine "On Land Protection", the legal regime of especially valuable lands is substantiated, preservation of independence of land law as a separate legal system.
Keywords: special protection of land, constitutional status, land legislation, categories of land, national wealth, especially valuable land, land resource potential
References
About the Sustainable Development Goals of Ukraine for the period until 2030:
Decree of the President of Ukraine (2019). Available at: https://zakon.rada.gov.ua/laws/show/722/2019#Text
Zvernennya do kerivnytstva derzhavy shchodo podolannya kryzovoyi sytuatsiyi u sferi okhorony zemelʹ (2017) [Appeal to the state leadership to overcome the crisis in the field of land protection]. Bulletin of Agricultural Science. 11. 5-8.
The Verkhovna Rada of Ukraine (2022), The Order of the Cabinet of Ministers of Ukraine "On the approval of the Concept of the National target program of land use and protection". Available at: https://zakon.rada.gov.ua/laws/show/70-2022%D1%80#Text4.
Constitution of Ukraine (1996). Information of the Verkhovna Rada of Ukraine. № 30 . Art. 141.
Land Code of Ukraine 2001, Available at: https://zakon.rada. gov.ua/laws/show/2768-14#Text7.
On land protection: Law of Ukraine 2003, Available at: https://zakon.rada.gov.ua/ laws/show/962-15#Text
Civil Code of Ukraine 2003, Available at: https://zakon.rada.gov.ua/ laws/show/435-15
Smokovich M. (2020) Derzhava yak nezalezhnyy arbitr u sferi zemelʹnykh pravovidnosyn [The state as an independent arbiter in the field of land legal relations]. Law of Ukraine. № 10. 165.
Ripenko A. I. (2020) Kontseptualʹno-pravovi zasady vykorystannya zemelʹ dlya mistobudivnykh potreb [Conceptual and legal principles of land use for urban planning needs]. Odesa, 143
Novakovsky L. Ya., Oleshchenko M. A. (2009) Sotsialʹno-ekonomichni problemy suchasnoho zemlekorystuvannya [Socio-economic problems of modern land use]. Kyiv, Ukraine: Harvest, 276
The Verkhovna Rada of Ukraine (2009), The Law of Ukraine "About the structure, powers and peculiarities of the legal and economic regime of the property complex of the National Production and Agrarian Association "Masandra". № 42. Art. 633.
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