Estimation of the suitability of land for organic agricultural production: Certain aspects of legal support

Abstract

The idea of organic production (agriculture) is to completely abandon the use of genetically modified organisms (GMOs), antibiotics, pesticides, and mineral fertilizers. This increases the natural biological activity in the soil, restoring the balance of nutrients, enhancing the regenerative properties, normalizing the work of living organisms, humus growth, and results in an increase in crop yields. The result of organic production is environmentally friendly products that are free of GMOs and chemical elements that are not inherent in food products. The idea of organic farming is popular in many countries around the world, including Europe. In this regard, this article is aimed at investigating the suitability of land for organic agricultural production. This paper also has to justify the already constructed scientific provisions and provide recommendations for modernizing legislation in this area. The leading method for researching this problem addresses the gaps in the laws “On the Production and Circulation of Organic Agricultural Products and Raw Materials”, “On the Protection of Lands”, in the draft “Procedure for estimating the suitability of land (soils) and establishing zones for the production of organic products and raw materials”, and issues related to legal editing and supplementing requirements regarding land for organic production. This paper analyses the current state of legal support for estimating the suitability of land for organic agricultural production. It was found that in contrast to the previous legislation in the field of organic production, circulation, and labelling of organic products, the current Law of Ukraine No. 2496-VIII “On Fundamental Principles and Requirements for Organic Production, Circulation, and Labelling of Organic Products” dated 10.07.2018 does not prescribe an estimation of the suitability of agricultural land plots to produce organic goods. There are no requirements for such an estimation in the sub-legislation governing this sphere of public relations. As a result, the first step to regulating the estimation of agricultural land for organic production is to conduct agrochemical certification of land to be used for organic production. This element is a fundamental way to figure out the soil quality indicators. It is proposed to amend Part 5 of Art. 37 of the Law of Ukraine “On Land Protection”; Clause 3 of the Procedure for Certification of Organic Production and/or Circulation of Organic Products, approved by Resolution No. 1032 of the Cabinet of Ministers of Ukraine dated October 21, 2020; clauses 1.5 and 1.6 of the Procedure for maintaining the agrochemical passport of the field, land plot, approved by the Order of the Ministry of Agrarian Policy and Food of Ukraine No. 536 dated 11.10.2011. The introduced innovations will allow objectively estimating the qualitative state of such lands and will serve as a guarantee for organic crop production.