Havrysh N. Legal regime of soils in Ukraine

The dissertation is devoted to the complex and comprehensive study of the legal regime of soils in Ukraine. The work contains a theoretical synthesis and a new solution of the scientific problem in the field of legal regulation of relations concerning the use, reproduction and protection of soils. The scientific and methodological foundations of the legal regime of soils are justified in dissertation. The questions of the legal regime of soils in the scientific literature are considered. Natural and scientific approaches to the concept of “soil”, “soil state” and “soil cover” of Ukraine, which are set out in the special literature and which are generally considered by legal sciences, are studied, but they should be considered as a methodological basis for the development of state policy in this field and formation of legal principles of protection, their rational use and reproduction. It is proposed to establish a legal regime for the use of land areas, which would provide the storage of soil for its use for the main natural purpose. It is concluded that for the basis of the “soil” legal concept it is necessary to take its scientific definition, and in order to improve the mechanism of legal regulation of use, reproduction and protection of soils, it is expedient to predict at the legislative level all the necessary elements of their legal regime. Soils are defined as the object of legal regulation of use, reproduction and protection. It is proposed to single out the soil as an independent object of ecological, land, agrarian and natural resource legal relations with its qualitative property of fertility and as the main and indispensable means of agricultural production. It has been established that the significance of the notion “soil” as the object of legal relations is influenced by the fact that it is a legal category defined by the legislation as having a relation to the land as the main national value, wealth, property rights of the Ukrainian people, the natural component and natural resource. It is proved that the importance of the category “soils” is influenced by the meaning of the term “fertility”, which is used to indicate the characteristics of the soil, and the term “productivity» which is used to indicate the characteristics of the land.