The thesis is one of the first in Ukraine to carry out a comprehensive study of the legal framework for the restoration of agricultural land, and to formulate scientific conclusions and practical recommendations for improving legislation in this area that are new to Ukrainian land law.
Based on the provisions of land, agrarian, and environmental law, the author examines the essence and formulates the author's definition of the legal concept of «agricultural land restoration»: a system of organisational, legal, technical, land management, biotechnological, geobotanical, economic, and other measures aimed at restoring the land to its quality condition existing at the time of acquisition of ownership or granting it for use, which was deteriorated due to certain factors (both natural and anthropogenic), and the ability to perform its.
The author examines the legal nature of agricultural land restoration. It is concluded that the rules governing social relations in the area of agricultural land restoration in the system of land law in their entirety form a legal institution, the subject of which is social relations regarding bringing agricultural land to its original quality state, in particular, soil fertility and the ability to perform the function of the basic means of production in agriculture.
The article notes that the planning and implementation of agricultural land restoration measures should be based on the information in the agrochemical passport which reflects the quality of land, in particular, soil fertility.
It is emphasized that the main purpose of agricultural land restoration is to ensure that it is able to perform the function of the basic means of agricultural production. At the same time, the restoration of the vast majority of non-agricultural lands will be carried out in order to restore their ability to perform the function of a spatial-territorial basis, which will be of an auxiliary, service nature.
It is proved that land management is the basis for organisational and legal measures for restoration of agricultural land.
The author examines the peculiarities of legal relations relating to the restoration of agricultural land and proposes their definition: social relations arising in accordance with land law provisions with a view to restoring the land to its original quality condition existing at the time of acquisition of ownership or granting it for use, which was deteriorated due to certain factors (both natural and anthropogenic), and the ability to perform the function of the basic means of production in agriculture.
The author analyses the subjective and objective composition of legal relations relating to restoration of agricultural land.
The author emphasizes that the object of legal relations with regard to restoration of agricultural land should be considered to be agricultural land (both agricultural land and non-agricultural land), the quality of which has deteriorated due to anthropogenic factors or natural disasters, as well as soils and individual land plots owned or leased for use.
It is noted that both individuals – individuals and collective entities – legal entities (owners, users, including lessees of land plots) may act as subjects of legal relations for the restoration of agricultural land, who become parties to these legal relations both because of their actions that led to deterioration of the quality of land, its natural properties, loss of functions, structure of the relief of disturbed land, and because of the actions of other persons or the occurrence of natural disasters that caused negative consequences. In addition, the subjects of the above legal relations may be persons who are not directly involved in agricultural production, but as a result of their actions or inaction, the quality of the agricultural land plot deteriorated, its relief structure was disturbed, etc.
The author emphasizes the powers of state authorities, local self-government bodies and developers of land management documentation in the field of agricultural land restoration.
The author substantiates the position that agricultural land restoration measures and the purpose of their implementation differ depending on the degree of soil degradation and the type of land in the structure of agricultural land (agricultural and non-agricultural).
A classification of agricultural land restoration measures is proposed. The dissertation analyses the previous (primary) measures of agricultural land restoration, the main organizational and legal measures of agricultural land restoration, which are provided for by law, as well as the main biotechnological, geobotanical and technical measures of agricultural land restoration, the implementation of which has not received proper legal support to date.
