Theoretical and legal aspects of the regulation of environmental and land legal relations in the conditions of martial law in Ukraine

Abstract

Purpose. Assessment of regulatory and legal provision of land relations in Ukraine in the context of environmental protection under conditions of martial law. Methodology. In the work a set of economic research methods is used including the monographic method; methods of synthesis and analysis; the method of detailing and concretizing the obtained results; the method of scientific and abstract systematization of the results of scientific research; graphic method for visualizing the results of scientific research. Findings. In Ukraine, a legislative framework has been created which regulates the practical principles of the use, restoration, and protection of land resources. However, as the analysis has shown regarding the extent of damage to the country’s environment caused by the use of land resources, the domestic legal basis is not perfect. In particular, this concerns the current mechanism for identifying individuals responsible for environmental violations and the procedure for compensating for the damages they cause. In order to objectively assess and determine the losses caused by the war in Ukraine, corresponding normative and methodological provisions have been adopted and are in effect. Changes also relate to the current tax land legislation, which provides for temporary exemption of landowners in occupied territories and territories of hostilities from paying environmental and land taxes. Originality. The key characteristics of the theoretical and legal principles of regulating land relations have been identified. The key tasks of the system of normative and legal regulation of ecological and land relations in Ukraine during the martial law have been outlined. The current state of the main elements of legal regulation of ecological and land relations has been analyzed. An analysis of the extent of damage caused by violations of ecological and land legislation in Ukraine during the pre-war and wartime periods has been carried out. A number of problematic aspects of the current system of legal regulation of ecological and land relations have been identified, the solution of which will allow for the improvement of this system during the war. Among the main ones are the level of adoption and approval of relevant legislative acts; the lack of necessary registers for accounting for damaged land; the procedure for determining and assessing long-term damage to land resources caused by the war. Practical value. The results of the analysis and the problem aspects of legal regulation of environmental and land relations substantiated in this work can be used by legal experts, institutional bodies responsible for land resource management, and researchers for solving the tasks of optimizing the existing procedures and methods for protecting land resources from damage caused by individuals violating environmental legislation, as well as for improving the procedures for assessing and eliminating the consequences of military actions.