| Abstrakt: |
The restoration of agricultural land is a dynamic and complex phenomenon, built on the close interaction of chemical, physical and biological processes, which are accelerated and directed with the help of purposeful organizational and legal measures. Since the land has been used as a space for military operations for almost three years now, it suffers from a number of negative factors that have a powerful synergistic effect: the soil is polluted by various substances; lands are littered with explosive objects and other war debris; the landscape changes due to the construction of fortifications, digging trenches, as a result of strikes, shelling, etc. The post-war restoration of such agricultural lands has its own significant features related to the man-made origin of the violations, the potential danger of the detected pollution and the high cost of restoration works. At the same time, the relevant restoration measures lie in the plane of not only the private interests of specific landowners and land users - they are the sphere of well-defined public interests. The legal issue of the post-war restoration of agricultural lands is considered in three interrelated aspects: 1) in the theoretical aspect - the signs of the independence of demining as a separate type of the main measures of land restoration are determined and it is proposed to reflect this feature in the legislation, in order to emphasize and strengthen the integration of land, agrarian, and environmental legislation and legislation on mine action; 2) in a practical aspect, the potential grounds for the emergence of disputes in the field of post-war land restoration are outlined and the connection between the degree of dispositiveness of the legislative provision and the probability of a compromise solution of such disputes in the mediation procedure is established; 3) in the protective aspect - modern mechanisms of state support for the restoration of lands most affected by hostilities (provision of tax benefits, subsidies, partial compensation for demining costs) were identified and characterized. It was concluded that there is a need to develop a systemic special legislative support for relations with the post-war restoration of agricultural land, taking into account the specified aspects of this multi-level problem. [ABSTRACT FROM AUTHOR] |
