Legal ensurance of compliance with environmental requirements in land use

Abstract

Problem setting. The state of Ukraine’s land resources is determined by large-scale degradation, pollution and destruction of soils, largely caused by the Russian military aggression. The military consequences are complemented by traditional problems soil erosion, irrational agricultural use, violations of the regimes of nature reserves and weak state control. The deterioration of the state of lands creates threats to food, environmental and economic security. Therefore, it is necessary to further improve the legal regulation of sustainable land use and the restoration of damaged lands. Analysis of recent research and publications. The problems of anthropogenic impact on land, its degradation, and measures for soil restoration are covered in detail in the works of many scientists, including N. Gavrysh, A. Getman, O. Donets, V. Yermolenko, I. Karakash, P. Kulynich, V. Nosik, and others. Scientific works outline ways to increase soil fertility, protect different categories of land, and improve legal regulation. Purpose of research. The purpose of the article is to analyze existing legal mechanisms for ensuring compliance with environmental requirements in the field of land use, identify and study problems of its legal support, assess the effectiveness of current legislation and its practical application in ensuring environmental protection during land use. Article’s main body. The article substantiates that the legal support of environmental requirements for land use is formed by a complex of regulatory legal acts of various legal force, among which the Land Code of Ukraine, the Law of Ukraine “On Land Protection”, the Law of Ukraine “On Environmental Protection”, as well as strategic documents of environmental and agrarian policy are of key importance. Analysis of the provisions of the Strategy of State Environmental Policy until 2030, the Concept of the National Program for Land Use and Protection and the Strategy for the Development of Agriculture and Rural Territories until 2030 indicates a significant deterioration in the condition of soils, an increase in the area of degraded lands and an increased need for improving legal regulation. The article considers the issues of environmental control as a key tool for ensuring compliance with land protection requirements. In addition, existing liability mechanisms do not always provide compensation for environmental damage and do not create sufficient incentives for compliance with established standards. Conclusions and prospects for development. Legal support for compliance with environmental requirements in land use is an important component of the state’s environmental policy aimed at preserving natural resources and guaranteeing the right of citizens to a safe environment. It includes the establishment of environmental restrictions, requirements for types of activities, as well as a system of state control and monitoring of the condition of lands. The implementation of an ecosystem approach and effective mechanisms of legal liability, including the termination of the right of use in the event of environmentally harmful or inappropriate use, is significant. The effectiveness of greening land use requires coordinated legislation, proper control and harmonization of national practice with international, in particular European, standards. Economic incentives for rational land use require additional development. In general, legal support in this area forms a balanced system that combines economic development, social needs and environmental protection.