RETROSPECTIVE ANALYSIS OF CHANGES IN THE REGULATORY FRAMEWORK FOR SOIL PROTECTION IN UKRAINE

Abstract

Despite the obvious differences between the concepts of “soil” and “land”, as well as the fundamental differences between soil protection activities and land protection, the issue of soil protection not only remains in land legislation, but also the functions of soil protection are transferred to the land service. This leads to confusion among legislators, authorities, even those from whom relevant legislative initiatives came. The current situation requires an immediate determination of the state of the problem with legislative support for soil protection, the reasons for its emergence, and the development of proposals for the creation of an adequate regulatory framework. The purpose of this work is to analyze the regulatory framework for soil protection, assess trends in changes to the regulatory framework, as well as assess possible negative consequences and risks. It is also necessary to determine the directions of work on creating a legislative framework that corresponds to the nature of the protected object, namely soils. For this purpose, changes in regulatory acts regarding soil protection in Ukrainian legislation were analyzed, and the consequences of these changes are assessed. It has been established that soil protection legislation in Ukraine is part of land legislation that does not correspond to the nature of the concepts of “soil” and “land”. Over time, the requirements for soil protection in Ukrainian legislation become increasingly blurred and less mandatory. At present, the only logical way out of the situation that has arisen is to adopt a separate law on soil protection developed by specialists – agronomists and soil scientists. First of all, it is necessary to fundamentally determine that the subjects of legislative initiative should be specialized institutions (Ministry of Agrarian Policy – State Enterprise “State Soil Protection”, Ukrainian Academy of Agrarian Sciences – Institute of Soil Science and Agrochemistry, as well as specialized scientistseducators). In addition to adopting an appropriate professionally qualitative law on soil protection, it is also necessary to: – exclude from land legislation norms related to soil protection; – exclude land survey projects from the category of land management, without depriving land management organizations of the right to develop them; – admittance of soils as a natural resource and subject of property rights; – declare the state as the owner of soils; – introduce responsibility for soil depletion and failure to undergo agrochemical certification; – fully restore the competence and functions of the State Enterprise “State Soil Protection” in soil protection activities. Such a law should be developed, as a priority, to protect soils of agricultural lands, with the determination of the competencies of authorities and expert environment, with complete separation of the State Geocadastre from agricultural technological issues.