scholarly journals Legal issues of protection of agricultural land in Ukraine at the present stage

2020 ◽  
Vol 9 (27) ◽  
pp. 209-216
Author(s):  
Tetiana Lisova ◽  
Svitlana Sharapova

Excessive anthropogenic pressure on land resources in Ukraine leads to a deterioration of their quality, and consequently they lose their potential. Human impact on the change of land quality can be direct (by involving land lots in use, carrying out economic activities) and indirect (as a result of such activity, enhancing the natural degradation of soils). The tendency of deterioration of the state of land resources requires the subordination of land relations to the main goal – to ensure comprehensive protection of this major national wealth of Ukraine. Legal support for the protection of agricultural land is considered as a single complex of interdependent elements: legal standards for the protection of land, soil, agricultural landscapes, and the mechanism for their implementation – legally significant measures: economic, organizational, scientific and technical. At the same time, it was concluded that the system of legal regulation of the use of agricultural land is not sufficiently saturated with mechanisms for regulating agricultural activity.

2020 ◽  
Vol 9 (27) ◽  
pp. 560-569
Author(s):  
Natalya Vladimirovna Terekhova ◽  
Elena Aleksandrovna Zubova

Excessive anthropogenic pressure on land resources in Ukraine leads to a deterioration of their quality, and consequently they lose their potential. Human impact on the change of land quality can be direct (by involving land lots in use, carrying out economic activities) and indirect (as a result of such activity, enhancing the natural degradation of soils). The tendency of deterioration of the state of land resources requires the subordination of land relations to the main goal – to ensure comprehensive protection of this major national wealth of Ukraine. Legal support for the protection of agricultural land is considered as a single complex of interdependent elements: legal standards for the protection of land, soil, agricultural landscapes, and the mechanism for their implementation – legally significant measures: economic, organizational, scientific and technical. At the same time, it was concluded that the system of legal regulation of the use of agricultural land is not sufficiently saturated with mechanisms for regulating agricultural activity.


Over the past 30 years, our country has undergone many changes in the field of land legislation. Many of them were aimed at regulating land relations in the field of rural land use and were expressed in the adoption of various types of amendments and changes to laws and tightening fiscal measures for the resuscitation of unused land. However, such regulation has not led to an improvement in the use of agricultural land, and their quantitative and qualitative potential has deteriorated, which has led to inefficiency of budget funds allocated for the implementation of targeted programs in the field of agriculture. Rational use of land resources in agriculture is one of the most important tasks of land management. This article analyzes the use of land resources in the agro-industrial complex on the example of Central Federal district regions. The main indicators of production and economic activities of the regions of Central Federal district in agriculture, such as investments in agriculture, value of gross output of agriculture, yields of major agricultural crops, productivity of the main types of livestock, profitability of production agriculture, as well as indicators of the intensity of agricultural land using: the proportion of acreage in the total area of land, use of fertilizers, volume of agrochemical operations, availability of improved lands, involvement in economic turnover of previously unused land.. Weight coefficients were calculated for all indicators, groups of regions were formed for production and economic activity in the agro-industrial complex and the intensity of agricultural land use, cartograms were drawn up and proposals were made for planning land use.


2020 ◽  
Vol 176 ◽  
pp. 06005
Author(s):  
Irina P. Chupina ◽  
Natalia N. Simachkova ◽  
Oksana S. Trotsenko

The authors comprehensively investigated theoretical and practical problems of legal regulation of agricultural land turnover in the Russian Federation. They analyzed the jurisprudence in the field of agricultural land turnover, examined the legal regime of agricultural land in the Russian Federation, investigated the peculiarities of land plots turnover from agricultural lands, identified a number of significant problems in the legislation in the field of legal regulation of agricultural purposes land turnover. It is difficult to overestimate the importance of land, which is a nonrecoverable natural resource. From this point of view, agricultural land has a unique unrepeatable natural fertility capacity that determines the possibility of producing life support products, being an essential component of the environmental system. In the annual Address to the Federal Assembly of the President of Russia in 2019, V.V. Putin, specifying the main directions of strategic development of the country, noted the high importance of the land legislation development. The peculiarities of the agricultural land plots turnover are due to the public nature of land relations regulation. For this category of land, a special legal regime is established for food security purposes of Russia, which leads to the prevention of removing these lands from agricultural circulation, as well as building development. According to articles 9, 36 of the Constitution of the Russian Federation, “land and other natural resources are used and protected in the Russian Federation as the basis for the lives and activities of peoples living on the the relevant territory” and the exercise of authority by land owners is limited to conditions for potentially damaging the environment and violation of rights and legitimate interests of other persons.


Author(s):  
Halyna Berezhnytska

The paper outlines the research of main features of functioning of agricultural enterprises in Lviv region based on statistics and selected data of State Land Agency of Ukraine. The research shows the decline in the number of agricultural enterprises related mostly to insufficient land relations formed in the country. The author argues that substantial changes occurred in the structure of land use and land ownership of Lviv region in the process of land reform. In particular, the lands granted by residents to forestry or agricultural enterprises prevail in the structure of land resources of the oblast. Non-public agricultural associations prevail among agricultural enterprises – users of land resources. In terms of functional use, the land resources of agricultural enterprises mostly consist of arable lands. The structure of crop areas represents the real state of affairs and determines the specialization of agriculture in Lviv region taking into account the zonal soils and climate conditions, market conditions (internal and external), social and economic situation and environmental requirements to forming of agricultural landscapes. Land resources of agricultural enterprises in Lviv region show orientation of agricultural production on crop farming with prevailing industrial crops based on the chemical composition and quality of soils. The paper examines the qualitative composition of lands in the region and the peculiarities of maintaining their fertility. The author argues that soils mineralization substantially influences the quality of the grown agricultural products. On this basis the paper reveals the problems and obstacles of the management of land resources use by agricultural enterprises. Their overcoming should become the primary task towards strategic maintenance of efficient functioning of agricultural enterprises.


2021 ◽  
Vol 11 (3) ◽  
pp. 37-45
Author(s):  
O.V. Kireitseva ◽  
◽  
O.V. Zhylin ◽  

The article examines theoretical formation foundations of functioning system of the agricultural land market in foreign countries. It is analyzed basic and special parameters of the legislative framework on land, protection of rights and opportunities of land owners, purchase and sale procedures in the context of land relations. It has been determined that the success of land reforms and the effectiveness of implementation and functioning of the land market depend on the level of their scientific substantiation, state regulation and measures to coordinate interests of its participants. Land relations are governed by norms of civil, administrative law, or by special laws dedicated to certain types of land relations, as well as laws on agrarian and land reforms in foreign countries. Such key aspects of public regulation are considered in: the taxation system, the credit and financial mechanism, antimonopoly policy, special targeted programs. There is various level of centralization and decentralization of land management, representative bodies of territorial communities that have different powers to regulate land use, organizational and legal forms of land use and forms of ownership of land resources that are not the same in countries with different socio-political systems. It has been determined that the legal regulation of land potential should contain effective aspects of the practical application of norms in real context. That is not only the normative existence of functioning rules, but also the practical aspect of ensuring the implementation of the state's land potential through local authorities within the land areas. This issue can be analyzed by the experience of foreign countries, such as the USA, Germany, France, Italy, Poland, Cyprus, Israel.


Author(s):  
Vaida Šapolaitė

The rational use of land, capital and labor determine the growth of economic efficiency of agricultural production and income of farmers together. The aim is to estimate the use of production resources in the EU-27 agricultural sector, using macro-economic indicators. The analysis and assessment of the use of land resources in agriculture have been conducted on the basis of data on economic accounts for agriculture and agricultural census to describe agricultural production intensity by type of farming and its impact on farm income. This paper examines the use of land resources in agriculture, measured by using relative indicators of agricultural output, intermediate consumption per hectare of agricultural land, the revenue per average employee and the comparative analysis these indicators in the farms of the European Union (EU) is presented.


2021 ◽  
Vol 26 (1) ◽  
pp. 103-109
Author(s):  
Anastasiia Movchaniuk ◽  

Abstract. Introduction. The structural land relations restructuring in the countryside, which in the process of land reform and collective agricultural enterprises reform during the 90s of the 20th century, was the spur for the formation and development of lease land relations in agricultural production. Despite the world’s highest level of land resources involvement in economic circulation, high soil fertility, diversity of land and resource potential, it was not possible during the Ukraine’s independence period to realize the main task of land reform, that is the transfer of land in possession of effective landowners and transforming these lands into a key determinant of economic growth. Purpose. The purpose of the article is to analyze the formation and development of organizational and legal forms of management in agricultural production in the context of land reform in Ukraine. Results. Land resources play a leading role in Ukraine’s economy as they are a working tool for the production programs implementation for the formation of food and raw materials for the processing industry. At the same time, the incompleteness of agrarian reform, limited market operations with agricultural land, lack of a consistent state policy on land use, disposal and ownership impedes investment into the agricultural sector, causing negative socio-economic consequences of the rural economy. Ukraine’s desire to restructure land relations in agriculture and to develop them in accordance with world standards, objectively led to the formation of an adequate system of land relations, primarily focused on the formation of a full-time land owner like of small and medium-sized agricultural business. Conclusions. The study of land relations development in Ukraine substantiates that the economy agricultural sector reform involves the transformation of land relations to a market type, the final stage of which should be the formation of the agricultural land market and the provision of the right to dispose of these lands to land owners. The results of the conducted studies showed that the objective need to significantly improve the state mechanism of support for small and medium enterprises in agribusiness, given, first of all, its actual absence and less competitiveness of this group of enterprises compared to large agricultural holdings.


2020 ◽  
pp. 38-43
Author(s):  
A. V. Vorobyov ◽  
L. O. Oganesyan ◽  
A. A. Nikulichev ◽  
E. N. Fedjunina

The article deals with the features of land resources reproduction in agriculture, reveals the specifics of the stages of the reproduction process: production, distribution, exchange and consumption. The author's position is based on a dual approach to the analysis of the study of the process of reproduction of land resources, which are considered as agricultural land. On the one hand, the reproduction process is studied as the renewal of productive qualities of agricultural land, and on the other hand, as the development and reproduction of land relations in conditions of spatial and institutional limitations that determine the consumer properties of land resources. Unlike other factors of production in the process of reproduction of land resources, the consumption stage is combined with the production stage, which contributes to the beginning of the formation of consumer properties at the production stage and the completion of this process at the consumption stage. According to the monitoring of the functioning of the agricultural land market in the Volgograd region in 2012-2019, according to experts, there are constant jumps in the price of agricultural products with a stable amount of rent, which determines the significance of the influence of the price mechanism on the process of reproduction of land resources. Existing institutional restrictions on the exchange of full and limited ownership rights to agricultural land constrain the process of reproduction of consumer properties of land resources at the stage of exchange and consumption, which leads to an increase in reproduction costs and a decrease in the motivation for effective use of agricultural land.


Author(s):  
Alexander V. Prishchepov

Agricultural land abandonment is increasingly a global land-cover change phenomenon that has strong implications for the environment (e.g., biodiversity, carbon sequestration, novel ecosystems, wildfires) and societal well-being (livelihood, agricultural landscapes). Agricultural land abandonment is often referred to as the cessation of farming and giving away land for natural succession, such as grasses, shrubs, and trees on former agricultural lands, but may also result in land degradation. Agricultural land abandonment can be a more complex land-change transition, including the cessation of agricultural activity in favor of land uses other than agricultural ones, such as forestry, construction of dwellings, game reserves, and tourism. Studies have shown that agricultural land abandonment often is driven by rational decision-making and profit maximization, including weighing up opportunity costs and alternative livelihood strategies. However, the conditions of institutions, which are supposed to govern land use, and the personal characteristics of those involved in agricultural activities, are playing a vital role in the decision of abandonment. It should also be noted that the decision on abandonment or maintenance of farming can be quite complex and driven by non-economic factors, such as personal predisposition to farming, education, ethnicity, religion, age, and availability of successors. The progress of studying land abandonment and existing research gaps are highlighted in the text.


2019 ◽  
Vol 11 (2) ◽  
pp. 299 ◽  
Author(s):  
Samir Mili ◽  
Javier Martínez-Vega

Agriculture is increasingly facing major challenges such as climate change, scarcity of natural resources and changing societal demands. To tackle these challenges there is a pressing need to evolve towards more sustainable agricultural practices. As a result, sustainability stands among the most relevant topics in agricultural research worldwide, and Spain is no exception. Agricultural sustainability has been analysed in Spain mainly at a national and farm scale. This contribution aims at assessing agricultural sustainability in Spain at a provincial scale, allowing the scrutiny of regional variability induced by the existing differences in extension, relevance and policies of the agricultural activity at this level. The sustainability assessment performed is based on a selection of twenty-two indicators covering the three classical dimensions of sustainability—environmental, economic and social. The methodology implemented is based on normalising and aggregating selected indicators according to three composite indicators for the fifty Spanish provinces. Numerous statistical and cartographic sources are used. Cluster analysis establishes four different groups of provinces according to their performance in terms of agricultural sustainability. Higher economic sustainability in provincial agriculture seems to be mostly associated with more intensive use of agricultural labour and agricultural machinery and faster wealth growth. Social sustainability seems to be linked to greater diversification of economic activities and to quality productions under Protected Designations of Origin (PDO) and Protected Geographical Indications (PGI). Best environmental sustainability is achieved where extension of agricultural land is larger, less agricultural area is burned, and carbon stock and sequestration by agricultural ecosystems is better. It is expected that the results could improve the policy coherence and decision-making for more sustainable agricultural systems in Spanish regions.


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