Legitimation of "Special Value" as a Tool of Legal Protection of Land: the Case of Ukraine

Abstract

The main factors that influence the rational land use, conservation and protection of land resources are global ecological and food security, world's population growth, climate change, land acquisition by large world agricultural corporations etc. In this process a priority of attention is protection of the important agricultural lands (in Ukraine, these lands are called especially valuable lands - EVL). Besides, lands with highly productive soils, areas with undisturbed ecosystems, territories with objects of cultural heritage, natural therapeutic resources are a part of EVL. This paper focuses on new approaches to the legal protection of EVL in Ukraine. The special value of these lands in Ukraine is legalized and is means of their legal protection (Art. 150 of the Land Code of Ukraine). The main idea of this paper – studying of problems of legal protection of EVL and development of new approaches to their protection. These approaches will be based on introduction of economic regulators at withdrawal of EVL or change their intended use for needs that don't correspond to nature protection value. The research is based on case study method and statistical method. Approaches for cartographic modeling for assessment and mapping of EVL are offered. Results of this research are an obtaining of practical experience in the field of protection of EVL in Ukraine, development of suggestions for improving of an organizational and legal mechanism the use of EVL through their registration, monitoring, evaluation, development of their State Register. These measures can increase competitiveness of EVL, prevent Land-Grabbing and provide sustainable development of the rural territory.