To the issue of the rights and obligations of land users in the field of land restoration

Abstract

The article is devoted to the problem of legal protection of the rights and obligations of land users in the field of land restoration. The article emphasizes that a significant part of lands, regardless of their purpose, requires urgent restoration measures, however, scientific works highlight only certain aspects of legal protection and restoration of lands, as well as a comprehensive analysis of issues related to ensuring the realization of the rights and fulfillment of the obligations of owners and users of land plots for their protection and restoration actually do not exist.
 The article emphasizes that the content of legal relations consists of subjective rights and legal obligations. The viewpoints of scientists regarding the specified concepts were studied. Attention is drawn to the fact that legal relations in the field of land restoration belong to the active type of legal relations, because the provision of land restoration requires active actions on the part of the obliged entities.
 The main legal relationship for land restoration is a legal obligation that manifests itself in the active behavior of the obligated person in order to ensure the subjective rights of other subjects.
 The general rights and responsibilities of land plot users under current land legislation have been analyzed. Legal conflicts and gaps in the specified area have been studied. It was emphasized that land plots should be restored by both their owners and users in the process of their exploitation. It is proposed to make appropriate changes to the land legislation regarding the expansion and systematization of the rights and obligations of land plot users.
 The author examines the grounds for compulsory termination of rights to land plots. The author emphasizes the peculiarities of the grounds for compulsory termination of the right to use a land plot, which is the failure to eliminate the committed violations of the law by the land user.
 Some attention is paid to the problem of land restoration in the conditions of hostilities. The issue of compensation for damages caused as a result of emergency situations and armed aggression was investigated. Legislative norms aimed at determining damage and compensation for damage to owners and users of land plots have been analyzed.