Peculiarities of legal relations on restoration of agricultural land
DOI:
https://doi.org/10.37772/2518-1718-2024-2(46)-12Keywords:
land, land plots, legal relations, restoration, objects, subjectsAbstract
Problem setting. Agricultural land is the most important component of the country’s land fund and the basis of agricultural production. However, today, the quality of agricultural land is deteriorating further, with degradation processes gaining significant scale and nutrient reserves decreasing. In addition, there is contamination of land with radionuclides, heavy metals and other toxicants. Armed aggression causes a significant deterioration in the condition of land in this category and the spread of degradation processes. The above emphasises the need to study the legal relations regarding the restoration of agricultural land. Analysis of recent researches and publications. The issue raised was considered in the works of representatives of land law science: M. V. Shulga, T. V. Lisova, N. S. Havrysh and others. However, these studies were devoted to general issues of land restoration. Peculiarities of legal relations regarding the restoration of agricultural land require a separate study. Purpose of the research is to analyse the subject and object composition and peculiarities of legal relations regarding the restoration of agricultural land. Article’s main body. The author focuses on the fact that agricultural land is the main national wealth due to its special properties. However, today there is a deterioration in the quality of land of this category. The author analyses the composition and peculiarities of legal relations related to restoration of agricultural land. The author investigates the grounds for the emergence, change and termination of legal relations for restoration of agricultural land. The peculiarities of their subject and object composition are considered. The author notes the specifics of collective subjects of legal relations related to agricultural land restoration and focuses on certain objects of agricultural land restoration. It is emphasised that deterioration of agricultural land may be caused by both events and actions (both illegal and lawful). In certain cases, inaction may also cause negative changes in the qualitative state of land. It is noted that active lawful actions of a subject are the direct grounds which give rise to and terminate legal relations relating to restoration of agricultural land. Conclusions and prospects for the development. Legal relations regarding the restoration of agricultural land are social relations arising in accordance with the provisions of land law with the aim of restoring the land to its original quality condition existing at the time of acquisition of ownership or granting it for use, which was deteriorated due to certain factors (both natural and anthropogenic), and its ability to perform the function of the main means of production in agriculture. These legal relations are inherent in their public, voluntary nature, specific subject composition, and domination of the imperative method of legal regulation. The rights of owners and users of land plots, as well as their obligations in the field of agricultural land restoration, need to be systematised, and the legal norms that enshrine them need to be significantly improved
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