Lisova T. Theoretical problems of legal provision of land restoration.

In the dissertation actual theoretical problems of legal regulation of restoration of lands are investigated. It is substantiated that the concepts of «restoration» and «reproduction» are not identical. The land, as the main natural object, is a non-reproducible but renewable natural object. In the process of studying the theoretical and legal foundations of land restoration, the author’s definition of legal relations of land restoration was formulated, and the concept of «land quality» was improved. The specificity of land restoration is that the state of lands is subject to this process. It is emphasized that the idea of biosphere-centrism should be the basis of the methodology of research of legal support of land restoration. The author’s classification of land restoration and its measures is offered. Its previous and main measures are singled out. In the dissertation it is concluded that the legal norms regulating public relations in the field of land restoration can be considered as an independent legal institution. It is proposed to consider the protection and restoration of land as independent, but interconnected forms of ensuring the preservation of land (it is about the preservation of both quantitative and qualitative indicators of this natural object). It is proved that the concepts of «land restoration» and «soil restoration» are related as a whole and a part. It is substantiated that public relations that arise in connection with the restoration of land are an independent component of land relations and are part of the subject of land law. Their specific features are investigated. It is emphasized that the leading factor in these legal relations is legal obligation. The connection between the legal and social nature of land restoration is analyzed. It is stated that it is necessary to ensure the restoration of lands of a systemic nature. Proposals have been made to improve the current land legislation. In particular, it is recommended to develop and adopt a Concept for the restoration of degraded, unproductive and man-made contaminated lands, as well as a special Law «On Land Restoration». Appropriate changes must be made to the Land Code of Ukraine.