Legal bases of the state agrarian policy of Ukraine regarding sanitary and phytosanitary measures under martial law

Abstract

The article is devoted to the study of the legal foundations of the state of the agrarian policy of Ukraine regarding sanitaryand phytosanitary measures in the conditions martial law in Ukraine. On the one hand, Ukraine’s membership in the WTO makes it possible agrarian business to gradually integrate into the world market economy, and with the other - puts forwardthe obligation to the state to implement it in the national one legislation, tools for protecting the interests of the national agrarian producer both in domestic and foreign agricultural markets. To such tools include sanitary and phytosanitary measures.Agreement on sanitary and phytosanitary measures WTO determines that their main purpose application is improvement of human health, animal health and phytosanitary situation in the territory of all members. State agricultural policy in the field of sanitary and phytosanitary measures is based on the principles of WTO law, which include the principle of sovereignty (principle of independence) and a system of anti-protectionist principles. At the same time, in modern conditions, the peculiarities ofthe use of sanitary and of phytosanitary measures regarding objects of regulation during martial law is based on the principles of extraterritoriality, deregulation and priority security of business entities and specialists of the State Production and Consumer Service.
 The main changes regarding sanitary and phytosanitary measures, which introduced in connection with martial law, tentatively cover three groups measures These are 1) measures aimed at creating favorable conditions for agribusiness for the purpose of uninterrupted production and supply agricultural goods under martial law; 2) targeted measures to create the most safe conditions during the implementation of phytosanitary measures measures and procedures under martial law; 3)measures aimed at implementation of separate phytosanitary procedures in relation to regulated objects, exported under the Safe Transportation Initiative grain and foodstuffs from Ukrainian ports.At the same time, there is a special legal regime in the field of phytosanitary measures calculated for the period of martial law and within 90 days (in separate cases - 6 months, one year) from the date of its termination or cancellation, and c the post-warperiod should be harmonized with the requirements of the WTO and legislation EU.