Magomedova T. Legal regulation of use and protection of landplots for growing fodder for cattle

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U100120

Applicant for

Specialization

  • 081 - Право. Право

19-01-2021

Specialized Academic Board

ДФ 17.051.014

Zaporizhzhia National University

Essay

The object of the research is social relations arising in the process of using and protecting land plots for growing fodder for cattle. The subject of the research is the legal framework for the use and protection of land plots for growing fodder for cattle. The purpose of the thesis is the complex scientific analysis of the issues of legal regulation of use and protection of the land plots for growing fodder for cattle and formulates the theoretical generalizations and practical offers which in general solve an important scientific problem and are aimed at perfection of normative maintenance of the corresponding public relations. The results of the research: the scientific periodization of the genesis of the legal basis for the use and protection of land for growing fodder for cattle has been developed. The concept of "land plots for growing fodder for cattle" has been defined as land plots from agricultural land, as well as other categories of land that, by their natural properties and characteristics, are suitable for haymaking and / or grazing and the legal regime of which does not prohibit the implementation of the relevant activities. The concept of "legal regime of lands for growing fodder for cattle" is defined as the procedure for the behavior of subjects on land plots on which haymaking and / orgrazing is carried out, established by the norms of land, agrarian and environmental law, ensures their sustainable use, effective protection and improvement of ecological, economic and resource potential. The concept of "legal form of use of land plots for growing fodder for cattle" is formulated in the next way: a legal model for the operation of the corresponding site provided for by law, based on a certain property or obligation right (legal title) to this site and determines the specific features of the content of its legal regime, taking into account belonging to this or that category of land. The necessity of approval at the level of the Cabinet of Ministers of Ukraine of the Regulation on the procedure for the creation, use and protection of public pastures and hayfields is substantiated. It was stated that the creation of public hayfields and pastures should pursue not only purely economic goals, but also social and environmental ones, since in this way public administration bodies would solve not only the problem of meeting the needs of the population in feed for their livestock farms, but also the problem of optimizing land use on the appropriate territories. The concept of "public management of land plots for growing fodder for cattle" is defined. It has been proved that the specifics of the content of public administration on lands for growing fodder for cattle are determined by the characteristics of such land plots, firstly, as objects of ecosystems, secondly, as varieties of agricultural land and, thirdly, as a resource base for the formation of a fodder base for animal husbandry. The need to develop state and regional programs for the use and protection of lands used in agricultural production is scientifically substantiated, with the allocation of special sections on the development of a network of forage lands. The conclusion is made about the need for a separate institutional support for the development of a network of pastures and hayfields in Ukraine. A number of regulatory proposals on amendments to the Land Code of Ukraine, the Law of Ukraine "On Land Management", the Law of Ukraine "On Land Protection", the relevant by-laws, aimed at providing detailed special regulation of relations for the rational use and protection of land plots for growing fodder for cattle. The thesis improved a number of provisions and approaches available in land-legal science. The practical significance of the obtained results lies in the fact that they can be used in the scientific field (for further research of theoretical and applied problems of legal regulation of the use of land plots for growing fodder for cattle), lawmaking (when developing proposals for amending the current land and agrarian legislation Ukraine), law enforcement and educational process.

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