Some current issues of legal provision of restoration of land

However, the current land legislation does not specify the obligation of landowners and users to restore lost soil fertility and other useful properties of land in the course of economic activity. After all, even with careful improvement of soil fertility and preservation of other useful properties of land, neither land owners nor land users are insured either by natural forces or by the actions of outsiders, resulting in deteriorating initial quality of land, arise and acquire spread processes of their degradation, disturbance of a relief. In this regard, the problem of restoring the condition of disturbed lands, their quality and ensuring that they perform their functions is acute. We consider it necessary to enshrine the obligation of owners and users in the article 91 and 96 the Land Code of Ukraine [25] to restore soil fertility and other useful properties of land, as well as to restore the land in the event of a change in its terrain. Unfortunately, today there is a certain lack of interest of landowners and users in the implementation of measures for the protection and restoration of land, which in some cases is mostly due to financial problems. We emphasize that the owners and users of land, which carry out their rational use, protection, increase soil fertility, in case of deterioration of land quality, loss of their relevant functions take timely measures to restore them, it is advisable to provide certain preferences and benefits (tax, credit and others). In this case, it is obviously a matter of ensuring the public interest. In contrast, for owners and land users, failure to take measures to restore degraded, contaminated and disturbed land should have negative consequences in the form of, for example, the imposition of fines. It is at the expense of such funds that it is expedient to provide appropriate benefits to land owners and land users who carry out proper land cultivation, increase soil fertility, preserve other useful properties of land, initiate and implement land restoration measures. The above will provide incentives for both the rational use of land, their protection, and the timely restoration of land. At the same time, given the dispersion of powers in the field of land restoration between the State Geocadastre and the State Ecoinspection, it is advisable to create a separate body (state agency or civil service) to promote more effective activities in this area.

The need for restoration of land is closely linked to the application of legal liability measures in this area. Given the weak economic and legal mechanism, there is an urgent need to strengthen both administrative and criminal liability. In particular, it is expedient to supplement the Code of Ukraine on Administrative Offenses with a special article on liability for non-fulfillment by both the land owner and the land user of the obligation to timely start the procedure of conservation of degraded, unproductive and man -made contaminated lands. In addition, it is necessary to establish criminal liability for ignoring the restoration of the quality of degraded and unproductive lands (primarily by conserving them), the relief of disturbed lands by recultivating them in cases prescribed by law, if it has serious consequences for the environment and human health.

CONCLUSIONS

To restoration of lands and relevant legal requirements need to be systemic. It is necessary to ensure the effective implementation of the legislation on this procedure by amending existing legislation, adopting new regulations in this area in order to properly implement appropriate measures for land restoration through the responsibilities of owners, land users, other entities, through actions which there was a loss of the original quality of such areas, violation of their relief, while strengthening their responsibility in the field of land restoration, as well as the creation and functioning of an appropriate level of incentives for landowners and land users to timely land restoration in parallel with the actual receipt of funds from the state to land owners and users.

In conditions of significant deterioration of land, as the main national wealth, the rapid spread of degradation processes in the country there is an urgent need to develop and adopt the Concept of restoration of degraded, unproductive and man-made contaminated land. The purpose of this Concept is to outline priority areas for ensuring the restoration of man-made contaminated, degraded and unproductive land. Its main tasks include: a) improving the legal framework for land restoration; b) elaboration of approaches to land restoration, promotion of processes of reduction of their degradation and desertification; c) definition of mechanisms and conditions of realization of this Concept; d) development of a plan of priority actions for the implementation of the provisions of this document; e) improvement of international cooperation in this field. On its basis should be adopt a separate special Law “On restoration of land”, which should establish a definition of “restoration of land”, its measures, and provide for the restoration of land of different categories.

Thus, the time has come for a significant renewal of the legal provision for land restoration, which is essential for the preservation of land as the main national wealth for present and future generations, to ensure environmental and food security, sustainable development of the country as a whole.

RECOMMENDATIONS

The study may be interest to researchers of problems of land and agricultural law, practicing lawyers, politicians. The materials of this study can be used to prepare methodological recommendations, text-books on land law. Results of the conducted research can be used to improve the land legislation of Ukraine.

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