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To the issue of the subjects of the legal relations for restoration of land as a constituent of the subject of land law

Source :
Проблеми Законності, Vol 0, Iss 144, Pp 93-99 (2019)
Publication Year :
2019
Publisher :
Yaroslav Mudryi National Law University, 2019.

Abstract

In the conditions of a significant deterioration of the quality of land in Ukraine, the intensification of pollution of land, the development of erosive processes, special attention needs theoretical issues in the field of relations of the restoration of land. Particular attention deserves the subjects of legal relations of the restoration of land. Legal problems of land restoration are extremely relevant in modern conditions. In the context of the above, it is expedient to distinguish the works of domestic scholars, however, some theoretical questions regarding the legal status of subjects of legal relations in the field of restoration of land need further research. Consequently, the legal status of the subject of land relations depends to a certain extent on the features of the object of legal relations. Thus, in the case of conservation of degraded and unproductive land plots, there is a cessation of their economic use for a certain period of time and their entraining or afforestation. Consequently, owners and land users lose the right to use the land for a certain period of time. Thus, legal entities in the sphere of land restoration should be considered as citizens and legal entities, which have certain rights and responsibilities for the restoration of land. Both the owners and the land users are obliged not only to increase the soil fertility and to preserve other useful properties of the land, but also to bring the land plot in its previous state in case of illegal alteration of the relief. In this case, it is a question of the disturbed lands that have undergone certain changes in the structure of the relief as a result of mining, geological exploration, construction and other work, lost their original quality status and productivity.

Details

Language :
English
ISSN :
22249281
Issue :
144
Database :
OpenAIRE
Journal :
Проблеми Законності
Accession number :
edsair.doi.dedup.....3a74f90651266a85ed8ed4b94e08ac57