Agricultural insurance under martial law: problems of legal regulation and challenges of the future

Abstract

The article is devoted to the study of the legal framework for insurance of agricultural products, taking into account the specifics of the introduction of martial law in Ukraine, establishing the role of the state in the process of financial support of agricultural insurance entities, as well as identifying potential crisis phenomena that may adversely affect the development of agribusiness in the future. The object composition of legal relations in the field of agricultural insurance has been specified. Has been identified problems of the development of the agricultural sector, directly enshrined in the current legislation, hindering the development of agricultural insurance with the state support. The key role of the restoration of lands that have been polluted, clogged, and damage to the fertile layer as a result of hostilities has been proved, and the thesis on the need to improve the current legislation in the field of agricultural insurance has been proved. The article concludes that the draft law number 8025, which provides for amendments to the Law of Ukraine «On the Features of Insurance of Agricultural Products with State Support», is aimed at introducing insurance of agricultural products and objects of their storage (location) or processing against risks due to military and military operations, therefore, should guarantee compensation for possible losses to agricultural producers in the event of destruction or damage to property due to hostilities. It is argued that land plots, which are the main means of production in agriculture and, in fact, the basic asset in agribusiness, should also be objects of agricultural insurance at the level of agricultural products or crops. It is noted that relations in the field of creating an insurance system and guaranteeing commercial and non-commercial risks when conducting export operations with agricultural products are an independent object of legal regulation, given the role of Ukraine as a world exporter of grain and other types of agricultural products. It has been determined that the prospect of further scientific research is the settlement of the procedure for simplifying the mechanism of state support in the field of agricultural insurance and expanding the range of insured events and the object structure of these legal relations. The methodology for studying the legal problems of agricultural insurance under martial law is based on the provisions of the general scientific dialectical method of cognition. To achieve the goal of the study, formal-legal, formal-logical, scientific methods and the method of scientific forecasting were also applied.