Environmental and legal priorities in the implementation of land rights in Ukraine

Abstract

The paper raises the issues of ensuring environmental safety in the process of land use. Particular attention is paid to the necessity of implementing the constitutional principles of recognizing land as the main national wealth under special protection of the State, the binding nature of ownership and ensuring environmental safety. The binding nature of land ownership, which is primarily due to the natural origin of land, is revealed. The understanding of land as a territorial basis for the natural and anthropogenic environment determines a special procedure for its use, which is subordinated, first of all, to the protective content of such legal relations, due to its exceptional value as the main national wealth. Therefore, the environmental component becomes crucial for ensuring sustainable use of land resources. The author raises the issue of concluding protection agreements in the area of agricultural land use. It is proposed to preserve and expand protected areas as the basis for sustainable land use. Particular attention is paid to the negative impact of military operations on the state of land resources, the need to identify and record cases of negative environmental impact, and to take into account the experience of implementing a new environmental policy by the states which restored their economies in the post-war period. According to the results of the study, the peculiarities of exercising property rights in the use of land as a condition of life for the landowner and society as a whole, including preservation and increase of the area of land as natural objects that have undergone the least anthropogenic interference are outlined; introduction of protective contractual relations in the use of commercial agricultural land in order to ensure its quality condition, through certain mechanisms of compliance with crop rotation, land zoning, land protection is also covered; conducting an assessment of the adverse impacts on the land fund resulting from the armed aggression of the Russian Federation, and implementing measures to compensate for the damages and restore the condition of the affected lands.