Use of a land plot in a manner that violates environmental requirements as a ground for termination of land use rights

Abstract

Problem setting. The use of a land plot in ways that violate environmental requirements is recognized as one of the grounds for termination of land use rights. A distinctive feature of this ground is its evaluative nature, since the very concept of “environmental requirements” lacks an exhaustive definition in a single regulatory act. Thus, the use of a land plot in violation of environmental requirements requires clear justification and proper law enforcement practice due to its complex interdisciplinary nature. Analysis of recent research and publications. In the scholarly works of Ukrainian scholars, including I.I. Karakash, P.F. Kulynich, T.V. Lisova, I.V. Ignatenko, and others, issues regarding the termination of rights to land plots have been raised; however, their analysis did not cover all aspects of this issue. Purpose of research. The purpose of this article is to examine the concept and substance of environmental requirements in the field of land use and to analyze the use of land in ways that violate environmental requirements as grounds for terminating the right to use land. Article’s main body. This paper analyzes the content of environmental requirements in the field of land use, as well as the specific features of their regulatory framework. It has been established that current legislation does not contain a single legal definition of the term “environmental requirements,” and their content is derived from a combination of provisions in land, environmental, and other laws. In this regard, it is demonstrated that this ground for termination of land use rights is cross-sectoral and evaluative in nature, since establishing the fact of a violation requires reference to the system of regulatory acts governing land protection, environmental protection, the rational use of natural resources, and so on. Particular attention is paid to analyzing the obligations of land users regarding compliance with environmental safety requirements, land conservation, improving soil fertility, and preventing soil degradation and pollution. It is argued that failure to comply with these obligations of land users may be considered as using a land plot in ways that violate environmental requirements. The provisions of the Law of Ukraine “On Land Protection” are also examined, which establish special requirements for the protection of soil fertility, the conduct of economic activities, and the assurance of environmentally safe use of land resources. This paper analyzes the scholarly approaches of Ukrainian scholars to understanding this issue and emphasizes the need for systematic harmonization of the relevant legal provisions. It draws attention to the existence, within legal doctrine, of views regarding the inconsistency of legislative regulation concerning the termination of ownership rights and rights of use to land plots. Conclusions and prospects for the development. The authors concluded that the use of land in ways that violate environmental requirements constitutes a complex, cross-sectoral legal category that serves the important function of ensuring the rational use and conservation of land. At the same time, the discretionary nature of this ground for termination of land use rights and the lack of a clear legal definition of the content of environmental requirements create difficulties in legal practice and may lead to ambiguous interpretations of the relevant provisions.