Some theoretical issues of land restoration

Abstract

The state of land resources in Ukraine is close to the critical one. Constant deterioration of the quality of land in Ukraine can have catastrophic consequences both for the environment and for human health, as well as for the development of the national economy. Legal problems of land restoration are extremely topical in modern conditions. The choice of the topic of the article is determined by the relevance of individual theoretical issues in the field of land restoration. It should be emphasized that the public relations in the field of land restoration remain insufficiently regulated. In legal literature were proposed different approaches to determination of essence of concept “ restoration ” natural resources and lands in particular. So, if it is a question of restoring the qualitative properties of the land (in particular, the fertility of the soils), it is expedient to use the term “ restoration ”. At the same time, the state of the land is being reduced from the existing negative to the original quality state (it is a question of certain positive changes in the account and the soil fertility). It should be noted that the quality of land is characterized by a certain aggregate of both positive and negative properties of lands. Public interest in the use of land is primarily in the preservation and restoration of land as a condition and place of human life, the main national wealth, sources of agricultural production and guarantees of economic and food security in the state as a whole. Land restoration is the direction of their protection. Public relations arising from the restoration of land is an independent component of land relations, and, therefore, included in the subject of land law. Certain specific characteristics are inherent in these relations, such as: a volitional character; in the regulation of social relations arising in connection with the restoration of lands, we are talking about the dominance of the imperative method of legal regulation; inequality of the parties of such legal relations; close relationship of social and legal nature.