Agricultural data as a category of Ukrainian law

Abstract

Problem setting. The digitalisation of agriculture has led to the growing use of data generated by agricultural machinery, sensors, satellite systems, drones, digital platforms, registers and farm management systems. Such data are increasingly important for both private economic activity and public interests, including food security, sustainable development and public administration in the agricultural sector. However, Ukrainian legislation does not contain an official definition of “agricultural data”, while Ukrainian legal doctrine uses several related terms, including “agricultural data”, “farming data”, “agricultural information” and “farming information”, often without clear conceptual differentiation. Purpose of research. The purpose of the article is to determine the most appropriate term for designating the relevant category of data in the domestic legal discourse, to clarify the content of the concept of “agricultural data” and to assess the expediency of its consolidation as a legislative definition or as a doctrinal concept. Analysis of recent research and publications. The issues relevant to the topic of the article were addressed in the works of P. O. Shorskyi, V. P. Stanislavskyi, L. P. Vasylenko, K. O. Kalachenkova, O. Pishchenko, O. Holovnia, Yu. Chemerys, I. Tsymbaliuk, L. Rykovska, V. Bryzhko and K. H. Nekit. Article’s main body. The article analyses the correlation between the concepts of “agrarian” and “agricultural”, as well as “data” and “information”, and substantiates the use of the term “agricultural data” in the domestic legal discourse. Special attention is paid to the question of whether a general legislative definition of “agricultural data” should be introduced into Ukrainian law. The article identifies the possible advantages of such a definition, including greater legal certainty and a common terminological basis for digital agricultural services, contracts, registers and B2B and B2G interaction. The article also examines the approach of EU law and the legislation of selected EU Member States. The analysis shows the prevalence of a functional approach, which combines cross-sectoral regulation of broad categories of data, specialised regulation of narrow categories of data and soft-law instruments for contractual data sharing. At the same time, no established practice of adopting a general legal definition of “agricultural data” was identified in the analysed sources. On this basis, the article considers the doctrinal development of the concept of “agricultural data” and proposes general criteria for its formation, including its functional connection with agricultural activity, resources, objects, processes, products, agricultural markets, mandatory requirements and public functions in the agricultural sector. Conclusions and prospects for development. The article concludes that the term “agricultural data” is the most appropriate for the domestic legal discourse. At the current stage, the adoption of a universal legislative definition of this concept appears insufficiently justified. A more balanced approach is to develop the concept primarily at the level of legal doctrine, while legislative regulation should focus on specific functional categories of data defined for particular purposes of collection, processing, access, exchange or reuse. The article also proposes the classification of agricultural data by content, source of origin, functional purpose and specific features of legal regulation. Further research may focus on the development of more precise doctrinal definitions and on the possible targeted legal consolidation of certain types of agricultural data.