Draft Law on Soils and Their Fertility

LAW OF UKRAINE

“ON SOILS AND THEIR FERTILITY”

This Law defines the legal, economic, environmental and social bases of soil protection and preservation of their fertility; establishes basic principles of state policy, legal principles of activity of public authorities, legal entities and individuals with the purpose of rational use of soils, preservation of their condition, quality and fertility, protection of soils from negative natural and anthropogenic influences.

Section I .

TERMS

Article 1 . Basic concepts and terms, and their definitions

The following terms and terms are used in this Law as follows:

Agrochemical measures – a set of scientifically grounded methods of application of agrochemicals and pesticides for reproduction of soil fertility, providing conditions for their rational and safe use, increase of yield and its quality.

Agrochemical certification – compulsory agrochemical examination of soils on agricultural lands with the issuance of an agrochemical passport of a field, land plot, which fixes the initial and current levels of nutrient supply of soil, their levels of contamination with toxic substances and radioactive substances.

Soil boning is a comparative assessment of the quality of soils by their basic natural and acquired properties, which have a sustainable nature and significantly affect the yield of crops grown in specific climatic conditions

Soil reproduction – measures aimed at reproducing the quality of disturbed soils and soil cover in the process of reclamation, conservation, renaturalization (rehabilitation) of land.

Soil depletion is their depletion by mineral nutrition, organic matter, microbiota and other fertility factors.

Soil is an organo-mineral body formed on the surface of the earth’s crust and is the focus of the highest concentration of nutrients, the basis of human life and development due to its most valuable property – fertility.

Soil cover – the spatial aggregate of habitats of soil varieties with defined contours and structure, which are reflected on soil maps.

Soils that are endangered – soils , which irreversibly lost their morphology, composition and properties or fade like natural objects.

Soil degradation is a deterioration of beneficial properties and soil fertility due to natural or anthropogenic factors.

Soil contamination is the accumulation in the soil of substances that adversely affect their fertility and other beneficial properties.

Soil Contamination – Accumulation in the fertile soil layer or on its surface of debris, various types of sediment, household, industrial and other wastes, which leads to environmental pollution.

Land plot is a part of the land surface with a defined location (address), clearly defined boundaries and a fixed area and rights thereto, and an integral part of the State Land Cadastre.

Land is an indispensable land-restricted land area with soil, terrain, climate, vegetation, subsoil, water, the main means of production in agriculture and forestry, as well as a spatial basis for the location of settlements, infrastructure, enterprises and organizations of all sectors of the economy .

Effective soil fertility – the ability of the soil to provide a certain (actual) level of productivity under changing climatic conditions and the level of crop culture.

Soil Cards – Cards showing the soil distribution, their condition and properties.

Field history book – the main agricultural production document of the agricultural enterprise, reflecting the history of each crop rotation field and the achieved level of agriculture to which data on the purpose, size and basic characteristics of the land (fields), qualitative soil indicators, as well as information on their use efficiency, yield of crops, methods of cultivation of soil, frequency and quantity of introduced agrochemicals, plant protection products, carried out ameliorative and nature conservation ahody.

Land conservation – termination of economic use for a fixed term and the depopulation or afforestation of degraded and low-productive lands whose economic use is environmentally and economically inefficient, as well as man-made contaminated land, where it is impossible to obtain environmentally friendly products, and the presence of people in these areas is unsafe for their health.

Soil reclamation is a set of measures aimed at accelerated cultivation of soils and a radical change in the modes of their functioning.

Soil monitoring is a spatiotemporal system of monitoring soil properties to detect changes in their quality.

Soil quality standards are indicators and parameters of the structure, composition and properties of soils under which soils retain the ability to perform their productive, environmental and social functions.

Standards of permissible loads – indicators and parameters of external natural and anthropogenic loads on soils and soil cover, under which the standards of their quality are kept and no harm is done to the environment.

Soil fertility regulation – setting standards, norms, norms, rules, regulations in the field of soil fertility.

Cultivated Soils – Soils improved by purposeful human activity with the acquisition of high intra-structural organization and the level of potential fertility.

Especially valuable soils are soils that have a particularly important role in the food, environmental, energy and social security of the state and are endowed with high natural and potential fertility.

Soil protection is a system of legal, organizational, technological and other measures aimed at preserving and restoring the fertility and integrity of soils, protecting them from degradation, conducting agricultural production with observance of soil protection technologies and ensuring environmental safety of the environment.

Soil disturbance – partial or complete destruction of the soil cover, its physical (mechanical) destruction.

Potential soil fertility is the ability of the soil to provide the highest possible yield under favorable climatic conditions, high crop culture.

Simple reproduction of soil fertility – restoration of productive functions and lost qualities of temporarily depleted soils to their original genetically inherent state to ensure a sustainable crop and its quality.

Anti-erosion measures – a set of scientifically sound methods of soil protection from water, wind and other types of erosion.

Soil Fertility – the ability of the soil to meet the needs of plants in the nutrients, water, warm in sufficient quantities for their normal development, which in the aggregate is the main indicator of soil quality

Fertile soil layer – the upper (humus) soil layer with favorable for growth and development of plants properties, regimes and course of soil-forming processes.

Rare soils – soils that are formed in unique natural and climatic conditions and economic activity of a person and have special environmental, scientific and experiential importance.

Extended reproduction of soil fertility – providing the soil with higher productive functions and quality properties than is inherent in their initial state, which provides for increased productivity and quality.

Phytosanitary measures – a set of scientifically sound methods of detection and elimination of soil weediness, contamination of their diseases and pests of agricultural plants.

The Soil Red Book of Ukraine is an official state document that contains a list of rare, rare and endangered soils.

Soil quality is the sum of all the positive and negative characteristics and properties related to the use of soils and their functions.

Article 2 . The subject of regulation of this Law

The subject of regulation of this Law are legal relations arising from the implementation of the state policy on protection and reproduction of soil fertility, during the exercise of state control over the condition of the soil, compliance with the subjects of economic and other activities requirements for pollution prevention, soil degradation, conservation and reproduction. their fertility.

Relations that arise in connection with the implementation of activities related to the protection and fertility of soils, in the part not regulated by this Law, are regulated by the relevant norms of land, environmental and environmental legislation.

Article 3 . Basic principles of state policy in the field of soil protection and their fertility

The basic principles of the state policy in the field of soil protection and their fertility are:

ensuring the rational use and conservation of soils as an essential component of the natural environment;
ensuring the application of soil protection technologies and other measures to overcome pollution, degradation of soils in the course of economic and other activities;
the obligation to undertake measures to increase soil fertility and reproduce degraded soils;
scientific substantiation of soil protection measures;
publicity, completeness and accuracy of information on soil condition and soil protection measures;
participation of the public and society in decision-making in the field of soil protection;
the inevitability of the onset of liability for damage to the soil;
legal protection of soils as a component of the natural environment in all categories of land.

Effective organizational and legal protection and reproduction of soil fertility is ensured by carrying out soil surveys and periodically conducting large-scale mapping of soils of Ukraine, displaying them on the relevant soil maps, identifying and evaluating changes that have occurred with the soil cover of the property of Ukraine, individual regions.

Priority in conservation is given to rare, especially valuable, and endangered soils.

The state guarantees the preservation of productive, environmental, and social functions of soils

Article 4. Soils and their legal regime

Particularly valuable soils that are under the special protection of the state are the black earths which are not eroded, they are not salted on forest species; non-saline loamy soil-loamy loamy loamy soils; dark gray podzolized soils and black earths podzolized on forests and silt; brown mountain forest and turf-brown deep and medium-deep; sod-podzolic loamy soils; peatland with a depth of peat more than one meter and dried regardless of depth; brown soils of the Southern coast of Crimea.

Unproductive and degraded soils are subject to conservation or removal from agricultural land and transfer to other categories.

The legal regime of the use of soils involves the observance of the scientifically grounded technological regulations by landowners and land users, timely prevention and elimination of soil degradation phenomena.

Removal of particularly valuable soils with high fertility from agricultural use is based on the decision of the Verkhovna Rada of Ukraine.

Article 5. Fertility and basic functions of soils

Soil fertility is subject to special protection on agricultural lands. Rational land use should focus solely on simple or extended reproduction of soil fertility

Optimization of productive and environmental functions involves the neutralization of phytotoxic substances present in the soil, pathogens, increased acidity and alkalinity, sequestration of organic carbon, humus and humus accumulation, deepening of the fertile (humus) layer and structure.

Article 6. Legal protection of soils and their fertility

Legal protection of soils and their fertility is a complex of legal organizational and technological measures aimed at the rational use and preservation of soils and soil cover, prevention of their degradation, reproduction of their fertility, protection against natural and man-made influences.

Legal protection of soils and their fertility is carried out in accordance with state and regional programs of protection and reproduction of soil fertility, current legislation and legal norms.

Legal protection of soils and their fertility is carried out according to the principles of the integrity of the soil cover, its inseparability from land, preservation and reproduction of fertility and ecological functions of soils.

Section II .

AUTHORITIES OF GOVERNMENT AUTHORITIES AND LOCAL SELF-GOVERNMENT AUTHORITIES IN THE FIELD OF SOIL PROTECTION AND THEIR FERTILITY

Article 7. Bodies implementing regulation in the field of soil protection and their fertility

Regulations in the field of soil protection and their fertility are carried out by: The Verkhovna Rada of Ukraine, The Verkhovna Rada of the Autonomous Republic of Crimea, the Cabinet of Ministers of Ukraine, the Council of Ministers of the Autonomous Republic of Crimea, local self-government bodies, local state administrations and specially authorized central executive bodies within the limits of executive power, .

Specially authorized central executive bodies in the field of soil protection and their fertility are:

the central executive body on agricultural policy and food;
the central executive authority on supervision (control) in the agro-industrial complex;
the central body of executive power over the supervision (control) in the field of environmental protection, rational use, reproduction and protection of natural resources.

Article 8. Powers of the Verkhovna Rada of Ukraine in the Field of Soil Protection and Their Fertility

The powers of the Verkhovna Rada of Ukraine in the field of soil protection and their fertility include:

defining the principles of state policy in the field of soil protection and their fertility;
approval of national programs on land use and protection, protection of soil and conservation of their fertility;
making decisions on the removal of lands with particularly valuable and rare soils from the agricultural category and transferring them to other categories of land;
addressing other issues in the field of soil protection and fertility in accordance with the law.

Article 9. Powers of the Verkhovna Rada of the Autonomous Republic of Crimea in the Field of Soil Protection and Their Fertility

The powers of the Verkhovna Rada of the Autonomous Republic of Crimea in the field of soil protection and their fertility include:

ensuring the implementation of the state policy in the field of soil protection and their fertility;
participation in the implementation of national programs for preservation, reproduction and increase of soil fertility;
approving and participating in the implementation of regional (republican) programs for the conservation, reproduction and increase of soil fertility;
coordination of activity of district and city (cities of republican importance) councils in the field of soil protection and preservation of their fertility;
coordination of the control over soil protection and preservation of their fertility;
making decisions on the expediency or impracticality of the removal of land with particularly valuable and rare soils from the agricultural fund and transfer them to other categories of land;
addressing other issues in the field of soil protection and fertility in accordance with the law.

Article 10. Powers of regional councils in the field of soil protection and preservation of their fertility

The powers of oblast councils in the field of soil protection and preservation of their fertility include:

implementation of the state policy in the field of soil protection and preservation of their fertility;
implementation of national and regional programs for conservation, reproduction and protection of soil fertility;
approval of regional programs for preservation, reproduction and protection of soil fertility;
addressing other issues in the field of soil protection and fertility in accordance with the law.

Article 11. Powers of district councils in the field of soil protection and their fertility

The powers of district councils in the field of soil protection and their fertility include:

implementation of the state policy in the field of soil protection and their fertility;
implementation of regional programs on land use and protection, protection, reproduction and increase of soil fertility;
coordinating the activities of local governments in the field of soil protection and fertility;
approval of the documentation on soil protection and their fertility in accordance with the law;
addressing other issues in the field of soil protection and fertility in accordance with the law.

Article 12. Powers of village, village councils in the field of soil protection and their fertility

The powers of village and village councils in the field of soil protection and their fertility include:

development, approval and implementation of projects and documentation on soil protection and preservation of their fertility in accordance with their competence;
imposing restrictions (encumbrances) on the use, temporary prohibition (suspension) or cessation of land use by citizens
and legal entities in case of violation of the requirements of the legislation in the field of soil protection and their fertility;
control of soil protection and preservation of their fertility;
economic stimulation of soil fertility;
addressing other issues in the field of soil protection and fertility in accordance with the law.

Article 13. Powers of the Cabinet of Ministers of Ukraine in the Field of Soil Protection and Their Fertility

The powers of the Cabinet of Ministers of Ukraine in the field of soil protection and preservation of their fertility include:

implementation of state policy in the field of soil protection and preservation of their fertility;
ensuring the implementation of national programs for the conservation, reproduction and protection of soil fertility;
approval within the limits of its powers of the normative-legal acts in the field of soil protection, their monitoring, surveys of soil cover and preservation of fertility;
control over the use of funds received in order to compensate for losses of agricultural and forestry production related to land seizure;
coordination of the activities of executive authorities in the field of soil protection, monitoring and preservation of fertility;
addressing other issues in the field of soil protection and fertility in accordance with the law.

Article 14. Powers of the Council of Ministers of the Autonomous Republic of Crimea in the Field of Soil Protection and Their Fertility

The powers of the Council of Ministers of the Autonomous Republic of Crimea in the field of soil protection and their fertility include:

ensuring the implementation of the state policy in the field of soil protection and their fertility;
participation in the development and implementation of national and national programs for the conservation, reproduction and protection of soil fertility;
control over the use of funds received in order to compensate for losses of agricultural and forestry production related to land seizure;
coordination of the activities of executive authorities in the field of soil protection, monitoring and preservation of fertility;
addressing other issues in the field of soil protection and fertility in accordance with the law.

Article 15. Powers of local state administrations in the field of soil protection and their fertility

The powers of local state administrations in the field of soil protection and fertility include:

implementation and implementation of the state policy in the field of soil protection and their fertility;
participation in the development and implementation of national and regional (national) conservation, reproduction and
protection of soil fertility;
control over the use of funds received in order to recover losses from agricultural and forestry production,
related to the seizure (redemption) of land;
coordination of state control in the field of soil protection and their fertility;
economic incentives to increase soil fertility in accordance with the law;
imposing restrictions (encumbrances) on the use, temporary prohibition (suspension) or termination of use of land by physical and
legal entities in case of violation of the requirements of the legislation in the field of soil protection and their fertility;
addressing other issues in the field of soil protection and fertility in accordance with the law.

Article 16. Powers of the Central Executive Body on Agrarian Policy and Food in the Field of Soil Protection and Their Fertility

The powers of the Central Executive Body on Agrarian Policy and Food in the Field of Soil Protection and Their Fertility include:

organization of development and implementation of national and regional programs for conservation, reproduction and protection of soil fertility;
making proposals on the state policy in the field of soil protection and their fertility;
participation in the implementation of national and regional programs for conservation, reproduction and protection of soil fertility;
exercising state control in the field of soil protection and their fertility;
ensuring soil surveys, soil monitoring and agrochemical certification of agricultural lands;
development and approval in accordance with the Law of normative legal acts, state standards, norms and rules in the field of land protection,
protection of soils and preservation of their fertility;
control over the size and order of determining the losses of agricultural and forestry production related to the withdrawal (redemption) of land;
ensuring the implementation of natural-agricultural, ecological-economic, anti-erosion and other types of land zoning;
participation in the formation and implementation of state policy in the field of soil protection and their fertility;
development and implementation of recommendations and measures to ensure soil fertility and use of agrochemicals;
development of mechanisms of economic stimulation of implementation of measures on use and protection of soil; increasing their fertility;
organization and implementation of state control over compliance with the legislation on pesticides and agrochemicals in agricultural production in accordance with the Law;
resolving other soil protection issues and maintaining their fertility in accordance with the Law.

Article 17. Powers of the Central Executive Body on Supervision (Control) in the Agro-Industrial Complex in the Field of Soil Protection and Their Fertility

The powers of the central body of executive power to supervise (control) the agro-industrial complex in the field of soil protection and their fertility shall include the exercise of state control (supervision) of:

adherence to land management projects that provide ecological and economic justification for crop rotation and land management and provide for land protection measures;
change of indicators of qualitative condition of soils as a result of carrying out economic activity on agricultural lands;
conducting activities for conservation, reproduction and increase of soil fertility by enterprises, institutions, organizations of all forms of ownership.

Article 18. Powers of the Central Executive Body on Supervision (Control) in the Field of Environmental Protection, Rational Use, Reproduction and Protection of Natural Resources in the Field of Soil Protection and Their Fertility

The powers of the central body of executive power in the field of supervision (control) in the field of environmental protection, rational use, reproduction and protection of natural resources in the field of soil protection and their fertility include:

participation in the development of national and regional soil protection programs and preservation of their fertility;
exercising state control over the use and protection of soils and preserving their fertility;
participation in the development of regulations in the field of soil protection and their fertility;
filing of claims for damages and losses caused as a result of violation of the legislation of Ukraine on soil protection;
implementation of international cooperation on soil protection;
resolving other issues in the field of soil protection and their fertility in accordance with the Law.

Section I and I .

STATE ACCOUNTING OF SOIL CONDITIONS AND THEIR FERTILITY

Article 19. State accounting of soil condition

State accounting of soil condition is an integral part of the State Land Cadastre and is carried out by soil surveys, monitoring, agrochemical certification, soil maps, books of field history, state statistical analysis of disturbed, degraded and contaminated soil, use of soil, layer of soil.

Article 20 . Soil monitoring

Soil monitoring is carried out on the lands of all categories by authorized bodies of executive power within the framework of the State environmental monitoring in accordance with the current legislation of Ukraine.

Monitoring provides the following tasks:

obtaining information on changes in soil properties;
forecasting the development of soil processes and properties;
establishing various restrictions on the economic use of soils and certain activities.

3. Monitoring results are used:

in the process of regulating the legal bases of land relations;
when conducting economic and monetary assessment of land;
determining the amount of payment for land;
planning of measures for reproduction of soil fertility and increase of crop yields;
adjustment of agricultural technologies;
conducting agro-zoning (zoning) of the territory;
designation of agricultural production zones for the manufacture of baby and diet foods;
developing recommendations for the rational and environmentally sound use of pesticides and agrochemicals;
assessment of the ecological and amelioration status of irrigated and drained lands;
creation and maintenance of information databases on soil condition and information-analytical system for development of measures on fertility reproduction and soil protection, for providing landowners, land users and subjects of land valuation activity information on the current state of soils and their fertility;
periodic preparation and publication of a national report on soil condition and fertility.

The Regulation on soil monitoring is approved by the Cabinet of Ministers of Ukraine

Article 21 . Soil survey

Soil survey is carried out on the basis of a decision of the authorized body of executive power, on the initiative of local authorities or on the initiative of land owners, land users, tenants of land, as well as on the basis of a court decision.

Surveys of soils are conducted in accordance with the procedure established by the authorized body of executive power, and provides for determining the spatial location of soil types on the land plot, their sanitary and ecological status.

Soil surveys are conducted by economic entities accredited to carry out this type of activity in accordance with the procedure established by the current legislation of Ukraine.

The information and information obtained from the results of the soil survey are formulated in the form of soil maps (soil maps), soil status reports and in other documented form, suitable for entry into the State Land Cadastre.

Article 22 . Soil status documented

Information on the status of soils and measures to protect them shall be open to the public interest, with the exception of information that is classified as restricted.

Information on the condition of soils located on lands and land plots, the information of which is classified as state secret, is documented information with restricted access.

3. The procedure for providing information on soil condition shall be determined by the current legislation of Ukraine.

Article 23. Soil maps

Maps of soils of Ukraine, Crimea, oblasts and other administrative-territorial units are compiled taking into account data of the State Land Cadastre, State Environmental Monitoring, land surveys, agrochemical certification and other documented information on soils.

Soil maps reflect the spatial structure of the soil cover, the presence of rare and valuable soils; Soils that have been degraded and contaminated; reclaimed, reclaimed and endangered soils.

The order of creation, maintenance, use, accounting and storage of soil maps is determined by the Cabinet of Ministers of Ukraine.

Article 24 . Red Book of Soils of Ukraine

In order to preserve the natural diversity of soils, rare soils and soils that are endangered or under special protection of the State and must be included in the Red Soil Book.

The procedure for conducting the Red Soil Book is determined by the Cabinet of Ministers of Ukraine.

The introduction of soils into the Red Book is the basis for their attribution to the objects of the nature reserve fund or to objects of special mode of use.

Publication of the Soil Red Book of Ukraine is carried out at least once every 5 years.

Section IV .

Appraisal ∞ can soils

Article 25. Boning of soils during land valuation

Soil Boning is a type of land valuation.

These soil boning data are an integral part of the State Land Cadastre and the basis of economic and monetary evaluation of land.

Article 26. Grounds and procedure for conducting soil boning

Grounds for soil boning, economic land valuation and regulatory monetary valuation of land plots are the decision of the executive or local self-government body.

Soil testing on agricultural lands is conducted at least once every 7 years by economic entities accredited for carrying out this type of activity in the manner established by the current legislation of Ukraine.

The procedure for soil boning is approved by the Cabinet of Ministers of Ukraine.

Article 27. Documentation on soil testing and land valuation

According to the results of soil boning, technical documentation is prepared, which is suitable for entering into the State Land Cadastre.

Technical documentation (copies of materials) for soil testing is provided free of charge to the State Land Documentation Fund.

Article 28. State examination and approval of technical documentation on soil testing and land evaluation

Technical documentation on soil boning, economic land valuation, regulatory monetary valuation of land plots, as well as reports on expert monetary valuation of land plots of state and communal property in case of their sale are subject to state expert examination.

Soil Boning Technical Documentation:

within the settlements approved by the relevant village, settlement, city council.
outside settlements, approved by district councils.

An excerpt from the technical documentation on the regulatory monetary valuation of an individual land plot is issued by the relevant territorial executive body on land resources.

Section V .

PROTECTION ∞ can soils AND FERTILITY

IN THE PERFORMANCE OF ECONOMIC AND OTHER ACTIVITIES

Article 29. Rights and obligations of landowners and land users in the field of soil protection and their fertility

Landowners and land users have the right to:

– to carry out agro-technical, agrochemical, ameliorative, phytosanitary and anti-erosion measures for reproduction of soil fertility on agricultural land;

– to receive in due course from the relevant state authorities and local self-government information on soil fertility status on their own or leased land plots.

2. Landowners and land users are obliged to:

– to carry out economic and other activities by means and means that ensure the reproduction of soil fertility of the land plots, and also exclude or limit the negative impact of such activity on the soil condition and the environment;

– to observe the standards, norms, norms, rules and regulations of carrying out agrotechnical, agrochemical, reclamation, phytosanitary and anti-erosion measures;

– to keep a book of field history and provide information on the use of agrochemicals and pesticides in accordance with the established procedure to the state executive authorities;

– to provide soil, agrochemical, phytosanitary and ecological-toxicological surveys of soils on land;

– to inform the relevant bodies of the state executive power about the facts of degradation and contamination of soils on land plots in their possession or use;

– fulfill other obligations stipulated by the current legislation of Ukraine.

Article 30 . Protection of the fertile soil layer

The fertile soil layer is preserved in the course of any economic and other activities.

Removal of the fertile soil layer is carried out only in cases where carrying out economic and other activities may lead to the violation of the fertile soil layer. Removal and use of the fertile soil layer is carried out in accordance with the established standards and project documentation.

Removal of fertile soil layers outside Ukraine is prohibited, with the exception of international research exchange and to a limited extent. The procedure for export of soil samples and soil collections outside Ukraine is determined by the Cabinet of Ministers of Ukraine.

Article 31 . Requirements for soil protection in the design and construction of objects of economic and other activities

In the design and construction of objects of economic and other activities, soil surveys are carried out, as well as the impact of this activity on soil quality and their fertility is evaluated.

Placement of objects of economic and other activity, projects of their construction, taking into account the results of soil survey must meet environmental and sanitary requirements, and provide for measures to preserve fertile soil.

When designing and constructing objects of economic and other activity that may lead to soil disturbance, measures are taken to separate the separate removal, preservation and further use of the fertile soil layer.

Article 32 . Requirements for soil protection during operation of objects of economic and other activity

Business and other activities that adversely affect or may adversely affect the soil are planned and implemented subject to mandatory soil conservation measures.

Soil protection measures include:

– restoration and improvement of soil condition during the reclamation of disturbed lands;

– improvement of the soil condition during the reclamation of low-productive land and land intended for landscaping;

– creation of soil protection shrubs and shrubs;

– carrying out other measures aimed at preventing, preventing and eliminating negative natural and anthropogenic impacts on soils.

Operation of objects of economic and other activity is carried out in accordance with the rules, requirements and standards of soil protection.

In order to prevent soil contamination, natural and legal persons, while operating objects of economic and other activities that have a negative impact on soils, are obliged to use modern technologies for polluting emissions, as well as specially equipped facilities for disposal and disposal of production waste and consumption.

In cases of soil contamination during the operation of objects of economic and other activity, the subjects of this activity are obliged to carry out a full set of works on elimination of the consequences of this pollution in the shortest possible time.

Article 33 . Requirements for soil protection during the liquidation or conservation of objects of economic and other activities

In case of liquidation or conservation of objects of economic and other activity, which may have a negative impact on soils, natural and legal persons carrying out economic and other activities at the specified objects, are obliged to carry out a survey of the soil and take measures to restore them to a condition suitable for the continued use of land for their intended purpose.

Article 34. Requirements for Soil Protection from Flooding and Waterlogging

Measures for the protection of soil from wetlands are carried out during the construction of buildings and structures, the improvement of reservoirs and other activities when changes in the hydrological regime of the territory are possible.

2. When constructing buildings and structures, drainage of surface and underground waters, arrangement of culverts and other measures aimed at preventing flooding and waterlogging of soils shall be carried out.

3. Measures to prevent waterlogging and flooding of soils are envisaged in the course of irrigation works.

Article 35 . Requirements for the protection of soil from exhaustion, drying

In order to prevent and prevent soil depletion, landowners and land users, including tenants, undertake deforestation measures and restore soil fertility.

Measures to protect the soil from over-drying are carried out within the framework of land reclamation works, in which the normalization of the amount of water during the irrigation of the soil is carried out in accordance with the natural zoning of the territory.

Article 36 . Requirements for the reproduction of degraded soils

Landowners, land users, tenants of degraded soils ensure that the soil is restored to a condition that meets the quality standards of the soil, taking into account the intended purpose of the land.

Reimbursement of the costs of land owners, land users, land tenants for the reproduction of degraded and contaminated soils is carried out at the expense of persons whose actions or omissions have led to soil degradation.

Failure to take measures to reproduce contaminated and degraded soils is grounds for seizure of the land plot in the court procedure established by the current legislation of Ukraine. Termination of rights to the land does not relieve the guilty persons from the obligation to compensate for the damage caused to the soil.

In the case of severe and particularly severe soil contamination, contaminated soil layers may be removed for detoxification or disposal in accordance with the procedure established by the current legislation of Ukraine.

On the land subject to conservation, it is forbidden to carry out economic and other activities, except for activities related to the prevention of further degradation of soils and elimination of its consequences.

For the reproduction of degraded soils of land that are not subject to conservation, a special regime of use is introduced, which provides for the introduction of restrictions or prohibitions on certain uses. Establishing a special regime for the use of land with degraded soils can be accomplished by changing the purpose and types of land use permitted.

The order of conservation and establishment of a special regime of land use with degraded soils is determined by the Cabinet of Ministers of Ukraine.

Article 37 . Requirements for the restoration or improvement of the soil during the reclamation of disturbed lands

During the rehabilitation of disturbed land plots, the condition is restored and improved. The rehabilitation project for disturbed land plots should include measures to restore and improve the condition of the soil.

Reproduction and improvement of soil during reclamation is carried out on the land from which the fertile soil layer was removed, as well as on other disturbed land plots. Remediation of disturbed land plots can be carried out either with or without the use of a removed fertile soil layer.

Remediation of disturbed land for the purpose of soil restoration is carried out by persons whose actions or inactivity led to the deterioration of the soil. In other cases, the rehabilitation of disturbed land plots for the reproduction and improvement of soil condition is organized and carried out by the relevant state executive bodies and local self-government bodies.

Section VI .

Government regulation and control activities to ∞ can soils, fertility, AND HEALTH

Article 38. State health target programs, monitoring and fertility restoration e soils

In order to protect and restore soil fertility, national or regional targeted programs are adopted.

The projects of the state targeted programs for monitoring, protection and reproduction of soil fertility are developed on the basis of the approved concept by the state customer or a developer determined by the legislation with the participation or under the scientific and methodological guidance of the National Academy of Agrarian Sciences of Ukraine and its scientific institutions.

State targeted programs for monitoring, protection and reproduction of soil fertility cover the whole territory of Ukraine or a considerable number of its regions, have a long-term implementation period, implemented by central and local executive authorities. The Cabinet of Ministers of Ukraine shall establish the procedure for development of state targeted programs for monitoring, protection and reproduction of soil fertility.

Article 39 . Norms in the field of soil protection and their fertility

Rationing in the field of soil protection and their fertility is an integral part of the regulation of the environment and human health and is carried out in accordance with the current legislation on environmental protection and ensuring the sanitary and epidemiological well-being of the population.

State standards, technical regulations and other rules in the field of soil protection set requirements for works (services), machinery, technologies, materials, substances and products that may adversely affect soils, as well as the means and methods of control in the field of soil protection.

Soil quality standards include indicators of the maximum permissible concentrations of chemicals and radioactive substances, toxins and pathogens in the soil, as well as permissible changes in the structure, composition and properties of soils that provide the soil with its productive, environmental and social functions. Soil quality standards are set taking into account the type of soil and the purpose of the land.

Standards of permissible anthropogenic soil loads are established for each species and source of impact on soils and their aggregate effects within a specific territory (region), based on the peculiarities of factors of regional soil formation. Standards of permissible anthropogenic load on soil of agricultural land must ensure the preservation and reproduction of soil fertility.

Standards in the field of soil protection and their fertility are set by the authorized state body in the manner determined by the Cabinet of Ministers of Ukraine.

Article 40 . State control in the field of soil protection and preservation of their fertility. Prevention of soil damage.

State control over soil protection and preservation of their fertility is carried out within the limits of state ecological control, state control over land use and protection and control over ensuring the sanitary and epidemiological well-being of the population.

The existing and potential danger of damaging the soil in the future is the legal basis for suing or ordering special state bodies addressed to the relevant entities for immediate prohibition of economic and other activities that create such a danger.

To secure a lawsuit, a court may apply for the seizure of property, the seizure of a plot of land where there is a danger of damaging the soil. The court may order the defendant to suspend or cease activities that continue to damage the soil or threaten the soil with other harm, in addition to the compensation for the damage to the soil.

State control over the protection of soil and preservation of its fertility includes the control of:

– condition of soils in carrying out economic and other activities;

– fulfillment of requirements and standards for soil protection;

– Carrying out of the measures provided by land management, town planning and other documentation, containing measures for prevention and termination of soil degradation and contamination, soil reproduction and reproduction of their fertility;

– the accuracy of the information provided on soil condition;

– taking measures to remedy the detected violations in the context of soil protection.

State control over the use and protection of land and soils, compliance with the requirements of the legislation of Ukraine on land protection and soil monitoring are carried out by:

– carrying out inspections;

– consideration of appeals of legal entities and individuals;

– participation in the work of commissions in the commissioning of reclamation systems and reclaimed lands, protective forest plantations, anti-erosion hydrotechnical structures and other objects that are being constructed for the purpose of restoration of soil fertility and maintenance of land protection;

– consideration of documentation on land management related to the use and protection of land and soils;

– carrying out soil monitoring and agrochemical certification of agricultural lands.

State control of the field of soil protection and reproduction of their fertility is carried out in accordance with the procedure established by the Cabinet of Ministers of Ukraine.

Article 41 . Mr romadskyy and self-control in the field of soil

Public control in the field of soil protection is carried out by public organizations (associations), citizens in the manner determined by the current legislation of Ukraine in the field of soil protection and reproduction of their fertility.

Self-governing control in the field of soil protection and preservation of their fertility is carried out by village, settlement, district and regional councils.

Article 42. Financing of measures for protection, protection, preservation and restoration of soil fertility.

Financing of measures in the field of protection of soil and restoration of their fertility are carried out at the expense of the State Budget of Ukraine, local budgets, including funds received in order of compensation for losses of agricultural and forestry production, as well as funds of landowners and land users and other sources not prohibited by law.

Within the State Budget of Ukraine, a State Fund for Economic Incentives for Increasing Soil Fertility is formed.

At the expense of the State Fund for Economic Incentives for Increasing Soil Fertility, the expenses incurred by agricultural producers for the implementation of measures provided by national and regional land use and protection programs, namely measures for protection and enhancement of potential fertility of soils, are included, which include:

formation of systems of protective and anti-erosion forest strips;

formation of systems of hydraulic engineering anti-erosion structures;

water, chemical and other reclamation;

continuous afforestation and sedimentation of eroded and unproductive soils;

cleaning of contaminated soils;

extraction and introduction of sapropels, lake and river silt;

application of organic fertilizers ;

superficial and profound improvement of hayfields and pastures.

Funds from the State Fund for Economic Incentives for Increasing Soil Fertility also go towards conducting soil surveys, soil monitoring and agrochemical certification of agricultural lands, research work in the field of protection and increasing soil fertility.

The basis for consideration of the issue of compensation is the application of agricultural producers to the executive authorities or local self-government bodies, which regulate in the field of soil protection, at the location of the land plot.

The statement shall be accompanied by the conclusion of the central executive authority on supervision (control) in the agro-industrial complex, certifying the implementation of the soil protection measures provided for by the relevant land management projects, and their volume and confirmation regarding the compliance with the requirements of the deficit-free nutrient balance, as well as conclusions on the on the basis of agrochemical passport of the field, land.

The Cabinet of Ministers of Ukraine shall establish the procedure for the creation and use of funds from the State Fund for Economic Incentive for Increasing Soil Fertility.

Section VII .

RESPONSIBILITY FOR VIOLATION OF THIS LAW

Article 43 . Responsibility for violation of this Law

1. Persons guilty of violation of soil protection legislation shall bear administrative, criminal and other liability in accordance with the applicable law of Ukraine.

2. Damage caused to soils as a result of the activity of natural or legal persons, public authorities, local self-government, including disturbance, contamination and other degradation of soil, shall be fully compensated.

3. Persons whose activities have led to a deterioration of the soil quality shall be obliged to ensure that the soil reproduction works are carried out to a level that meets the established quality standards of the soil or to a condition that has occurred prior to the occurrence of damage.

4. The prosecution of a person guilty of a soil protection offense under criminal, administrative or other lawful liability does not release that person from the obligation to compensate for the damage caused in accordance with the procedure established by civil and other legislation of Ukraine.

Section VIII .

FINAL PROVISIONS

Article 44 . Entry into force of this Law

This law shall enter into force on the day of its publication.

Of the Cabinet of Ministers of Ukraine: to bring its normative-legal acts in compliance with this Law; ensure the adoption of normative legal acts provided for by this Law.