The Constitutional And Legal Requirements Of The Protection Of Lands Are Provided By The Constitution Of Ukraine

  • O.A. Vivcharenko
Keywords: constitution, objects, guarantee, requirements, land private property, protection of state resources, functions, ecological safety, standardization, classification, subjects.

Abstract

Today, as before, the world community faces the problem of constitutional requirements for the protection of land. Therefore, this article covers this issue, both in the theoretical and practical sense, both for the legal protection of land relations, and for the improvement of land legislation.

The constitutional foundations of the land system should contain the purpose and tasks of the state in the field of land policy. The state pledges to future generations. The consolidation of the constitutional provision that the land is under special protection of the state gives it a high appreciation from the constitutional and legal point of view. At the same time, land protection should be considered not as a goal, but as one of the directions and duty of the state, since the goal is not the result the state seeks to solve its tasks and functions. In this case, the purpose of the state - to achieve and maintain the quality of land resources. We believe that Art. 13 and Article 14 of the Constitution of Ukraine do not fully reflect the land requirements of the society and can not form the basis of land, since only consolidating the property rights of the Ukrainian people on the ground within the territory of Ukraine outline the range of social relations that belong to the subject of legal regulation of land law, which promotes further formation of legal institutions of land law of Ukraine. Land transformations taking place in Ukraine have been reflected in the Constitution of Ukraine. At the constitutional level, the right of ownership of the Ukrainian people to the land within the territory of Ukraine, the right of citizens to use natural objects of the right of property of the people, the status of the land as the main national wealth, which is under special protection of the state, was secured. Constitutional norms consolidated the fundamental changes in the ownership of land by abandoning the exceptional change in the ownership of land, abandoning the exclusive state ownership of land and consolidating the diversity and equality of ownership of land.

Despite the fact that the Constitution of Ukraine is the basis for the development of land law and legislation and the fundamental regulator of land relations, it acts only as a legal instrument that is exposed to the objective processes of development of land relations.

The Constitution considers the land within the territory of Ukraine not only as an ecological component of the development of society, but primarily focuses on the significance of land as a component of the natural environment. Therefore, in our opinion, it is precisely land, not ecological relations that are coming to the fore. The Constitution of Ukraine enshrines the priority of public interests in the rational use and integrated protection of land resources, which are provided by a public-law nature. Land norms of the Constitution of Ukraine in aggregate form the basis of public-law regulation in land law, giving it the nature of the field of public law.

Published
2020-01-20