Dissertation for obtaining the degree of Candidate in Law in specialty 12.00.06 – land law; agrarian law; ecological law; natural resource law. ‒ Lesya Ukrainka Volyn National University; National University «Odessa Law Academy»,
Odessa, 2023.
In the dissertation, a comprehensive scientific analysis of the legal regulation of the application of phytosanitary measures in the agriculture of Ukraine was carried out, theoretical generalizations and practical proposals were formulated, which in general solve an important scientific task and are aimed at improving the regulatory support of relevant social relations. It is proposed to expand the legal definition of phytosanitary measures, under which it is proposed to understand: a) measures to prevent the appearance and spread of quarantine organisms, b) measures aimed at limiting the economically unfavorable impact of regulated non-quarantine organisms, c) measures that indirectly (indirectly) contribute to the protection of plants, form the conditions necessary for this (use of fertilizers, growth stimulants, etc.). The stages of the evolutionary formation of the phytosanitary legislation of Ukraine were determined and characterized: 1) the framework stage (1993-2004), the characteristic features of which were: a) the establishment of a three-pillar system of legislation; b) framework; c) reversible movement of rule-making; d) significant specific weight of norms of administrative and legal content; e) penetration of phytosanitary rules into non-special legislation); 2) the stage of stable improvement (2004-2013), which was marked by: a) the adoption of new editions of key laws; b) growing influence of international legislation; c) dissemination of phytosanitary rules in non-special legislation; d) increased pressure on agribusiness); 3) deregulation stage (2014-2017), during which the following was observed: a) abolition of burdensome and duplicative legal mechanisms; b) preservation of basic conceptual principles; 4) the stage of European integration reform (2018 to today), the main features of which are: a) rapid expansion and specialization of legal
regulation; b) implementation of phytosanitary legislation of the EU; c) replacing the concept of approximation with a mechanical implementation plan; d) the prospect of transforming the three-support system of phytosanitary legislation into a mono-support system. The most optimal methodological principles of legal regulation of the implementation of phytosanitary measures in agriculture are substantiated: 1) balance of economic, ecological and social interests; 2) cooperation between the state and society in the field of ensuring phytosanitary safety; 3) preservation of national legal sovereignty in the conditions of international legal processes; 4) technical and scientific validity of the application of phytosanitary measures; 5) ecological imperative as a measure of fairness of phytosanitary legislation.
The stages of the development of domestic legislation, which provides state support for the implementation of phytosanitary measures, have been determined: 1) the stage of organizational support (1991-2003), the main features of which were: a) active participation of the state in production and trade relations; b) procurement purpose of protective measures; c) ranking of agricultural producers as potential recipients of state support; d) state regulation of prices, limiting and rationing of plant protection products and fertilizers; 2) the stage of compensatory support (2003- 2014), during which the following signs appeared: a) a variable combination of three support mechanisms: partial compensation of the cost of fertilizers, financing of phytosanitary measures to combat pests, organizational measures; b) steady downward trend of budgetary financing of protection programs; c) declarative nature of program documents; 3) the stage of the absence of special state support (2015- 2022), which is characterized by: a) the absence of special support programs; b) the opposition of the agricultural and chemical branches of the economy, provoked by the violation of the traditional two-vector state support.
