UDC 349.414:631.4:502.17; JEL Q15, Q18, Q24, Q28
Kiptach, F. Ya. (2024). Normatyvno-pravove rehulyuvannya u sferi zapobihannya zabrudnennyu ta dehradatsiyi zemel' Ukrayiny: shlyakhy vdoskonalennya [Legal and regulatory framework for the prevention of land pollution and degradation in Ukraine: ways of improvement]. In Sotsial'no-ekonomichni problemy suchasnoho periodu Ukrayiny [Socio-Economic Problems of the Modern Period of Ukraine]: Vol. 168 (4) (pp. 51-57). DOI: https://doi.org/10.36818/2071-4653-2024-4-8 [in Ukrainian].
Sources: 22

Authors



Kiptach Fedir Yasonovych

Ph.D. of Geography, Associate Professor

Senior Researcher of the Department of regional ecological policy and environmental management of the Dolishniy Institute of Regional Research of NAS of Ukraine

Contacts: kiptach@ukr.net

Webpages:

Resume

The article examines the essence of the issues of regulatory and legal regulation in the field of prevention of land pollution and degradation in Ukraine and the ways of its improvement. A more balanced meaning of the concept of “land” is proposed. The author outlines the main factors of deterioration of the ecological state of land in the regions of Ukraine (soil contamination with residual pesticides, heavy metals, and radioactive nuclides, accelerated erosion degradation of soils of the surveyed agricultural lands, etc.), as well as the norms of maximum permissible concentrations of hazardous substances in soils and their list and indicators that characterize soil properties and determine the need for land conservation. The article suggests amendments to Article 171 of the Land Code of Ukraine by adding to this article the clause “beligerative lands whose natural state has been changed as a result of military operations”. It is worth mentioning that today they are found within all categories of land in the regions of Ukraine and reserve lands in various forms: a) spot-type (destruction of individual objects: buildings, bridges, etc.); b) ribbon-type (destruction of streets with buildings, forest belts, digging trenches, etc.); c) area-type (active hostilities on large areas, destruction of villages, towns, and cities, mining of territories, etc.). The author suggests preparing a draft Law of Ukraine “On the Management of Beligerated Lands”, which will define the legal, organizational, and economic framework and measures to restore their ecological condition in order to prevent negative impacts on human health and the environment. The article emphasizes the urgent problem of today – filling the database on the ecological condition of land with reliable information in order to timely detect changes, assess and develop measures to prevent and gradually stabilize, and subsequently improve their condition. Amendments to the “Procedure for Monitoring Land and Soils of Ukraine” after the war and harmonization of the proposed Ukrainian classification of soil ecological status levels with the EU one are proposed. For each category of land, it is necessary to establish standards of land degradation indicators that will become an efficient tool in the process of controlling the use and protection of land. The author recommends organizing and using the enormous amount of archival information on previous agrochemical re-surveys (after 5 years) and re-surveys of the soil cover of collective and state farms (village councils) (after 10-15 years) at the regional level for the years 1970-1996 in Ukraine, and taking into account the provincial characteristics of Polissya, Forest-Steppe and Steppe zones, as well as mountain belts of the Carpathians and Crimea, when approving standards for hazardous substances in soils and establishing levels of man-made soil pollution and degradation, as well as determining the need for land conservation.

Keywords:

legal and regulatory framework, land pollution and degradation, beligerative land, land monitoring, ecological state of land, land conservation