Law of Ukraine “On Land Protection”
Law of Ukraine
On Land Protection
(Verdicts of the Verkhovna Rada of Ukraine (VVR), 2003, N 39, Art. 349)
{As amended by Laws
N 1443-VI ( 1443-17 ) of 04.06.2009, VVR, 2009, N 47- 48, Art.719
N 3530-VI ( 3530-17 ) dated 16.06.2011, OVR , 2012, N 2-3, Art.3
N 4444-VI ( 4444-17 ) dated 23.02.2012}
This Law defines the legal, economic and social bases
of land protection in order to ensure their rational use,
reproduction and increase of soil fertility, other beneficial
properties of land, preservation of ecological functions of soil
cover and environmental protection.
CHAPTER I
GENERAL PROVISIONS
Article 1 . Land protection and other basic concepts and terms
Land protection is a system of legal, organizational,
economic, technological and other measures aimed at
rational use of land, prevention of unjustified
seizure of agricultural land for
non-agricultural needs, protection from harmful
anthropogenic impact, reproduction ,
increasing the productivity of forest land, providing
special treatment of land use environmental,
health, r kreatsiynoho historical and cultural significance.
Other terms and terms used in this Law are used
in the following meaning:
agro-landscape – a landscape based on
agricultural land and forest plantations, including
forest strips and other protective plantations;
agrochemical examination of soils – mandatory continuous
examination of agricultural land for the purpose of state control
over changes in fertility and soil contamination;
maximum permissible concentration of pollutants – the
maximum permissible amount of pollutants in soils,
which does not cause negative environmental consequences for their fertility,
general environment, quality of agricultural products
and human health;
humus is an organic component of soil formed in
the process of biochemical decomposition of plant and animal residues and
forms its fertility;
Soil is a natural-historical 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 mass – removed fertile soil layer; Soil
survey – determination of the genetic structure and
properties of soils, the structure of soil cover;
Soil fatness – disturbance of soil bioenergy regime and
sharp decrease of crop yields due to
their constant cultivation or frequent return to the previous one
field rotation, which leads to the deterioration of the
soil quality , the accumulation in the soil of specific pathogens
and weed seeds; {Part 1 of Article 1 is
supplemented by a paragraph in accordance with Law N 1443-VI ( 1443-17 ) of
04.06.2009}
Soil degradation – deterioration of beneficial properties and
soil fertility due to natural or anthropogenic
factors;
land degradation – the natural or anthropogenic simplification of the
landscape, the deterioration of the condition, composition, useful properties and
functions of land and other organically related natural
components;
soil contamination – the accumulation in soil of substances that
adversely affect their fertility and other beneficial properties;
land resources – the aggregate natural resource of land surface as a
spatial basis of settlement and economic activity, the
main means of production in agriculture and forestry;
land – the surface of a land with soils, minerals and
other natural elements that are organically combined and
function with it;
land conservation – termination of economic use
for a fixed term and the subsidence or afforestation of degraded and
unproductive land whose economic use is
environmentally and economically inefficient, as well as man-made
contaminated land where it is impossible to obtain
clean produce, and the occupancy of these lands
is dangerous to their health;
soil protection – 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 in
compliance with soil protection technologies and ensuring environmental
safety of the environment;
disturbed lands – lands that have lost their economic and
ecological value due to disturbance of soil cover due to
human production activity or natural phenomena;
natural-agricultural, ecological-economic,
anti-erosion and other types of land zoning – this is the
division of the territory, taking into account the natural and agrobiological requirements
for cultivation of crops, as well as territories
that have an appropriate similarity in certain features;
soil fertility – the ability of the soil to meet the needs of
plants for nutrients, water, air and heat in sufficient
quantities for their normal development, which together is the
main indicator of soil quality.
Article 2 . Land as a subject of protection
The object of special state protection is all land within the
territory of Ukraine.
Article 3 . Principles of state policy in the field of
land protection
The basic principles of state policy in the field of
land protection are:
ensuring the protection of land as the main national
wealth of the Ukrainian people;
priority of environmental safety requirements in the use of land as a
spatial basis, natural resource and primary means of
production;
compensation for damages caused by violation of the legislation of
Ukraine on land protection;
regulation and systematic limitation of the impact of economic
activity on land resources;
combination of economic incentives and legal
responsibility in the field of land protection;
publicity in land protection issues, use
funds from the State Budget of Ukraine and local budgets for
land protection .
Article 4 . Legal regulation in the field of land protection
Legal regulation in the field of land protection is carried out in
accordance with the Constitution of Ukraine ( 254k / 96-BP ), the Land
Code of Ukraine ( 2768-14 ), this Law, other
normative legal acts adopted in accordance with them.
Section II
AUTHORITIES OF STATE AUTHORITIES
AND LOCAL GOVERNMENT AUTHORITIES
IN THE LAND OF THE PROTECTION OF LANDS
Article 5 . Regulatory bodies in the field
of land protection
Regulations in the field of land protection are exercised by the Verkhovna Rada
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, as well
as specially authorized central executive authorities
within the powers established by law.
The specially authorized central executive
bodies in the field of land protection are: the
central executive authority on land
resources;
the central executive body on ecology and
natural resources;
the central executive body for agricultural
policy.
Article 6 . Powers of the Verkhovna Rada of Ukraine in the field
land protection
The powers of the Verkhovna Rada of Ukraine in the field of land protection
include:
defining the principles of state policy in the field
of land use and protection;
approval of national programs on
land use and protection;
resolution of other issues in the field of land protection in accordance with the
Constitution of Ukraine ( 254k / 96-BP ).
Article 7 . Powers of the Verkhovna Rada of the Autonomous Republic of
Crimea in the field of land protection
The powers of the Verkhovna Rada of the Autonomous Republic of Crimea in the
territory of the Republic in the field of land protection include:
ensuring the implementation of state policy in the field
of land use and protection;
participation in the implementation of national programs on
land use and protection;
approval and participation in implementation of regional
(republican) programs of land use and protection,
increase of soil fertility;
coordination of activities of district and city (cities of
republican importance) councils in the field of land protection;
coordination of control over
land use and protection ;
resolving other issues in the field of land protection in accordance with the
law.
Article 8 . Powers of regional councils in the field of land protection
The powers of regional councils in the field of land protection include:
ensuring the implementation of state policy on the use
and land protection;
participation in the implementation of national programs on
land use and protection in the respective territory;
approval and participation in the implementation of regional programs on
land use and protection, increase of soil fertility;
resolving other issues in the field of land protection in accordance with the
law.
Article 9 . Powers of the Kyiv and Sevastopol city
councils in the field of land protection
The powers of the Kyiv and Sevastopol city councils in the
field of land protection in their territory include:
approval and participation in the implementation of targeted programs, schemes and
documentation on land management concerning land protection;
participation in the implementation of national programs on
land use and protection in their territories;
organization and implementation of control over the use and
protection of communal property lands;
imposition of restrictions (burdens) on use, temporary
prohibition (suspension) or termination of the use of the land plot by
citizens and legal entities in case of violation of the requirements of the
legislation in the field of land protection;
control over the use of funds received in
order to compensate for losses of agricultural and
forestry production related to the seizure (redemption)
of land;
economic promotion of rational use and protection
lands in accordance with the law;
resolving other issues in the field of land protection in accordance with the
law.
Article 10 . Powers of district councils in the field of
land protection
The powers of district councils in the field of land protection in the
territory of the district include:
ensuring the implementation of state policy on
land use and protection;
participation in the implementation of regional programs on
land use and protection, increase of soil fertility;
coordination of activities of local authorities of land resources in the
field of land protection;
organization of land management and approval of
land management documentation on land protection in accordance with the law;
resolving other issues in the field of land protection in accordance with the
law.
Article 11 . Powers of district councils in the city councils in the field
of land protection The
powers of district councils in the cities of land protection
are determined by the city councils.
Article 12 . Powers of village, settlement, city councils
in the field of land protection
The powers of village, settlement, city councils in the field
of land protection in the territory of villages, settlements, cities include:
development, approval and implementation of targeted programs and
documentation of land management in accordance with the
law;
setting restrictions (burdens) on use, temporarily
prohibition (suspension) or termination of use of the land plot by
citizens and legal entities in case of violation of the requirements of the
legislation in the field of land protection;
exercising control over the use and protection of
communal property lands ;
economic promotion of the rational use and protection of
land in accordance with the law;
resolving other issues in the field of land protection in accordance with the
law.
Article 13 . Powers of the Cabinet of Ministers of Ukraine in the field
of land protection
The powers of the Cabinet of Ministers of Ukraine in the field of
land protection include:
implementation of the state policy in the field
of land use and protection;
development and implementation of national
programs of land use and protection;
developing and approving, within the limits of their powers,
regulatory acts in the field of land protection;
establishing the procedure for conducting land monitoring;
coordination of the activities of executive authorities in the field
of land protection;
resolving other issues in the field of land protection in accordance with the
law.
Article 14 . Powers of the Council of Ministers of the Autonomous
Republic of Crimea in the field of land protection
The powers of the Council of Ministers of the Autonomous Republic of Crimea in the
territory of the Republic in the field of land protection include:
ensuring the implementation of state policy in the field
land use and protection;
participation in the development and implementation of
national and national programs in the field of
land protection ;
control over the use of funds received in
order to compensate for losses of agricultural and
forestry production related to the seizure (redemption)
of land;
coordination of land management and state control over
land use and protection;
resolving other issues in the field of land protection in accordance with the
law.
The Council of Ministers of the Autonomous Republic of Crimea exercises the
powers vested in it independently and through the executive authorities of the
Autonomous Republic of Crimea.
{Article 14 is supplemented by part two in accordance with Law N 3530-VI
( 3530-17 ) of 16.06.2011}
Article 15 . Powers of local state administrations
in the field of land protection
The powers of local state administrations in the field
of land protection include:
ensuring implementation of the state policy on
land use and protection;
participation in the development and implementation of
national and regional (national) programs in the
field of land use and protection;
control over the use of funds received in the
order of compensation for losses of agricultural and
forestry production related to
land acquisition (redemption) ;
coordination of state control over
land use and protection;
economic promotion of the rational use and protection of
land in accordance with the law;
imposition of restrictions (burdens) on use, temporary
prohibition (suspension) or termination of the use of the land plot by
citizens and legal entities in case of violation of the requirements of the
legislation in the field of land protection;
resolving other issues in the field of land protection in accordance with the
law.
Article 16 . Powers of the Central Executive Body
on Land Resources
in the field of land protection
The powers of the central executive body on
land resources in the field of land protection include:
submitting proposals on the formulation of state policy in the
field of land protection and ensuring its implementation;
participation in the development and implementation of national and
regional land protection programs;
{Paragraph 4 of Article 16 is deleted on the basis of Law
N 4444-VI ( 4444-17 ) of 23.02.2012}
ensuring the monitoring of land;
development and approval in accordance with the law of
legal acts, state standards, norms and rules in the
field of land protection;
{Paragraph seven of Article 16 is excluded on the basis of Law
N 4444-VI ( 4444-17 ) of 23.02.2012}
ensuring the implementation of natural-agricultural,
ecological-economic, anti-erosion and other types of zoning
(zoning) of land;
resolving other issues in the field of land protection in accordance with the
law.
Article 17 . The authority of the central executive body
to ensure the implementation of state policy on
state supervision (control) in the field
of environmental protection,
rational use, reproduction and
protection of natural resources, in the field of
land protection
{Title of Article 17 in the wording of Law N 4444-VI ( 4444-17 ) dated
23.02.2012}
To the authority of the central executive body, which
ensures the implementation of the state policy on the implementation of state
supervision (control) in the field of environmental
protection, rational use, restoration and protection of
natural resources in the field of land protection are: {Paragraph
first article 17 in the version of Law N 4444-VI ( 4444-17 ) of
23.02.2012}
participation in the development and implementation of national and
regional programs of land use and protection;
exercising state control over compliance
legislation of Ukraine on land protection; {Paragraph of the third article 17
in the wording of Law N 4444-VI ( 4444-17 ) of 23.02.2012}
restriction or suspension (temporary) or termination of the activity of
enterprises and objects irrespective of their subordination and forms of
ownership in accordance with the law, if their operation carried out
in violation of the legislation on land protection;
participation in the implementation of natural-agricultural,
ecological-economic, anti-erosion and other types of zoning
(zoning) of land;
participation in the development of regulatory acts in the field of
land protection ;
participation in the development and implementation of economic measures
promotion of land use and protection;
organization of land monitoring;
filing of claims for damages and losses caused
as a result of violation of the legislation of Ukraine on land protection;
implementation of international cooperation on
land protection ;
resolving other issues in the field of land protection in accordance with the
law.
Article 18 . Powers of the Central Executive Body
on Agrarian Policy
in the Field of Land Protection
The powers of the Central Executive Body
in the field of agricultural policy in the field of land protection include:
organization of development and implementation of national and
regional soil fertility reproduction programs;
participation in the formulation and implementation of the state policy on the
use and protection of agricultural land;
organization of development in accordance with the procedure established by the law of
standards, norms and rules on protection and increase of soil fertility
;
soil monitoring and agrochemical certification
of agricultural lands;
participation in the implementation of natural-agricultural,
ecological-economic, anti-erosion and other types of zoning
(zoning) of land;
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 land use and protection and increase of soil fertility
;
organization and implementation of state control over compliance with
legislation on pesticides and agrochemicals in
agricultural production in accordance with the law;
other issues related to soil fertility protection in
accordance with the law.
Article 18-1 . Powers of the central body of executive
power, which ensures the implementation of the state
policy in the sphere of supervision (control) in the
agro-industrial complex, in the field of
land protection
Central body of the executive power, which provides
implementation of the state policy in the sphere of supervision (control) in the
agro-industrial complex, in the field of land protection is exercised by the
state control over the use and protection of land in accordance
with the law.
{Section II is supplemented by Article 18-1 in accordance with Law N 4444-VI
( 4444-17 ) of 23.02.2012}
Section III
CONTROL IN THE FIELD OF THE LAND PROTECTION
Article 19 . State control over
land use and protection
State control over land use and protection
is exercised by the central executive body, which ensures the
implementation of state policy in the sphere of supervision (control) in the
agro-industrial complex.
The state control over the observance of the requirements of the legislation on the
protection of land is exercised by the central body of executive power, which
ensures the implementation of the state policy on the implementation of state
supervision (control) in the field of environmental
protection, rational use, reproduction and protection of
natural resources.
The procedure for exercising state control over
land use and protection shall be established by law.
The Central Executive Body for Agrarian Policy
monitors soil fertility and agrochemical
certification of agricultural lands.
{Article 19 as amended by Law N 4444-VI ( 4444-17 ) of
23.02.2012}
Article 20 . Self-governing control over
land use and protection
Self-governing control over land use and protection is
exercised by village, settlement, city, district and oblast councils.
Article 21 . Public control of
land use and protection
Public control of land use and protection is
exercised by public inspectors, who are appointed by the relevant
local self-government bodies and act on the basis of a provision
approved by the central executive body for
land resources.
Section IV
SYSTEM OF MEASURES IN THE FIELD OF THE LAND
Article 22. System of measures in the field of land protection
The system of measures in the field of land protection includes:
state comprehensive system of observations;
development of national and regional (republican)
programs of land use and protection, documentation of
land management in the field of land protection;
creation of ecological network;
implementation of natural-agricultural,
ecological-economic, anti-erosion and other types of
land zoning (zoning);
economic stimulation of the implementation of measures on the protection and
use of land and increase of soil fertility;
standardization and norming.
Article 23 . State complex system of observations
The state complex system of observations includes
topographic and geodetic, cartographic, soil, agrochemical,
radiological and other surveys and exploration of the condition of lands and
soils, their monitoring. National, regional and local databases on the state of land and soils are formed
on the basis of the state comprehensive monitoring system . Article 24 . National and regional programs of land use and protection The national program of land use and protection is developed in accordance with the programs of economic, scientific, technical and social development of Ukraine and the environment. National program of land use and protection
determine the composition and volumes of priority and prospective measures for the
protection of land, as well as the amount and source of resources for the
implementation of works on their implementation.
Regional land use and protection programs are
developed in accordance with a national program,
taking into account local characteristics.
The implementation of national and regional programs
of land use and protection shall be ensured by the executive
authorities and local self-government bodies in accordance with the
powers specified by law.
Article 25 . Land management documentation in the field of
land protection Land
management documentation in the field of land protection are schemes
land management and feasibility studies for the use and
protection of land of administrative-territorial entities,
land tenures and land uses, including measures of
ecological and economic optimization of land use and protection,
improvement of the ratio and allocation of land and
agricultural land, crop rotation systems, hay-and-
pasture systems .
If necessary, the design of land
protection measures for a specific
land plot may be developed as part of the land management schemes .
The project of land conservation measures defines the types, volumes,
procedure for implementation and financing of these measures. According to the
types and volumes of land conservation works, ecological ones are established
land use restrictions.
Land management documentation should include restrictions
on the economic use of land that performs important
ecosystem functions (slopes, water protection areas, etc.).
Landowners and land users ensure the implementation
of land conservation measures and compliance with environmental restrictions on
land use provided for in the land management project.
Article 26 . Natural-agricultural,
ecological-economic, anti-erosion and other types of
land zoning
Natural-agricultural, ecological-economic,
anti-erosion and other types of land zoning
include:
division of land by purpose, taking into account natural
conditions, agrobiological requirements of crops,
development of economic activity and priority of environmental
safety requirements ;
establishing requirements for the rational use of land in
accordance with the area (zone);
identification of areas requiring special protection against
anthropogenic influence;
establishment within the required zones of the necessary types of environmental
restrictions in the use of land or soils, taking into account their
geomorphological, natural-climatic, soil, anti-erosion
and other features in accordance with the ecological area (zones).
The procedure for the implementation of natural agriculture,
the Cabinet of Ministers of Ukraine defines ecological-economic, anti-erosion and other types of
land zoning ( 681-2004-p )
.
Article 27 . Economic incentives for implementing measures
on the use and protection of land and improve
soil fertility
state has an economic incentive measures for the protection
and use of land and improve soil fertility
landowners and land users through:
tax and credit incentives to individuals and legal
entities that carry out at its own expense measures to protect lands
from erosion, soil fertility and other measures,
provided by national and regional programs
of land use and protection;
exemption of landowners and land users from payment for
land, for land plots where
land reclamation, reclamation, land conservation and other works are performed for the
protection of land for the period of temporary conservation, construction and
agricultural development of land in accordance with the approved
documentation of the land;
compensation to agricultural producers of
underexposed share of income due to the conservation of degraded,
low-productive and technogenically contaminated lands;
the use of accelerated depreciation of fixed assets
land and nature conservation purpose.
Compensation of costs incurred by landowners and
land users for improving the ecological status of land and
increasing soil fertility is paid at the expense of the
State Budget of Ukraine and local budgets in accordance with
national and regional land protection programs.
The basis for considering the economic stimulation
of land use and protection measures and increasing soil fertility
is the application or petition of landowners and land users
to the executive or local self-government bodies
regulating land protection at the
location of the land plot.
The statement or petition shall be accompanied by the conclusion of the executive
authorities on agrarian policy on the improvement of the ecological status of the
lands and the increase of soil fertility according to the data of the
agrochemical passport of the land.
The Cabinet of Ministers of Ukraine
sets the procedure for economic stimulation of measures on land use and protection and increase of soil fertility
.
Section V
STATE STANDARDS AND REGULATIONS IN THE FIELD
OF THE LAND PROTECTION
Article 28 . Standardization and regulation in the field of
land protection
Standardization and regulation in the field of land protection are
to ensure environmental and sanitary and hygienic safety
citizens by defining the requirements for land quality, soil fertility
and acceptable anthropogenic loading and
economic development of land.
Article 29 . Standardization in the field of land protection
The standard documents for standardization in the field of
land protection include:
terms, classification concepts;
methods, techniques and means of determining the composition and properties of
land;
requirements for the collection, accounting, processing, storage, analysis of
information on the quality of land, forecasting changes in soil fertility
;
requirements for the rational use and protection of land;
specifications on processes and services in the field of
land protection ;
metrological norms, rules, requirements for the organization of works;
other standards for standardization in the field of
land protection .
Regulatory documents in the field of land protection are developed,
approved, checked and revised in accordance with the procedure
established by the Law of Ukraine “On Standardization” ( 2408-14 ).
Article 30 . Standards in the field of land protection and reproduction of
soil fertility
In the field of land protection and reproduction of soil fertility,
the following standards are set:
maximum permissible contamination of soil;
the quality of the soil;
optimal ratio of land;
the optimum ratio of crops in crop rotation in different
natural and agricultural regions; {Part 30 of Article 30 is
supplemented by a paragraph in accordance with Law N 1443-VI ( 1443-17 ) of
04.06.2009}
indicators of land and soil degradation.
The
Cabinet of Ministers of Ukraine sets the standards in the field of land protection and reproduction of soil fertility .
Article 31 . Maximum
Soil Pollution Standards The maximum permissible soil contamination
standards
are determined in order to establish criteria for the suitability of land for
their intended use.
Standards of maximum permissible contamination of soil
include:
maximum permissible concentrations in soils of chemicals,
residues of pesticides and agrochemicals, heavy metals
, etc .;
maximum levels of contamination of soil with
radioactive substances.
Article 32 . Soil
quality standards Soil quality standards are established to
prevent their depletion and are used to
monitor the quality of the soil.
Soil quality standards determine the level of
contamination, optimal nutrient content, physico-chemical
properties, etc.
Article 33 . Standards of optimal ratio of
land
The optimum ratio of land is
set to prevent undue anthropogenic impact on
them, including excessive plowing of
farmland.
The norms of the optimum ratio of land
include: the
optimum ratio of agricultural,
nature reserve and other nature conservation, wellness,
historical, cultural, recreational purposes, as well as lands of
forest and water funds;
the optimum ratio of arable land and perennial plantings,
hayfields, pastures, as well as lands under sheltered forest strips in
agricultural landscapes.
Article 33-1. Optimal crop ratio in
crop rotation in different
natural and agricultural regions
The optimal crop ratio in crop rotation in
different natural agricultural regions is set to
achieve high and stable yields and prevent
soil depletion and loss of soil fertility.
The optimum crop ratio in crop rotation
determines the structure of the acreage for different
natural and agricultural regions and the list of established
crops for cultivation in these regions.
{The law is supplemented by Article 33-1 in accordance with Law N 1443-VI
( 1443-17 ) of 06/04/2009}
Article 34 . Land
and Soil
Degradation Standards Land degradation rates are set for
each category of land to prevent deterioration of their condition and are
used to control
land use and protection.
The standards of land degradation indicators include indicators of the
maximum permissible deterioration of the state and properties of land
resources due to anthropogenic impact and negative natural
phenomena, as well as standards for the intensity of
agricultural land use.
Use of
agricultural machinery in agricultural production , specific pressure of undercarriages on
Soil that exceeds the regulations is prohibited.
Indicators of
agricultural land use intensity are set taking into account the
data of agrochemical certification of land.
When establishing indicators of
agricultural land use intensity
, crops with restricted or
prohibited cultivation shall be determined , as well as technologies and individual agricultural operations
for their cultivation.
Indicators of
agricultural land use intensity are used in the process of
drafting technological documents for growing
crops.
Section VI
LAND PROTECTION IN THE PERFORMANCE OF ECONOMIC ACTIVITIES
Article 35 . Requirements to owners and land users,
including tenants, land plots in the course of
business activity
Owners and land users, including tenants, land
plots in the course of business activities are obliged to:
comply with the requirements of land and environmental
legislation of Ukraine;
carry out economic activities on land in
ways that do not adversely affect the condition of the land and
soil fertility;
increase soil fertility and retain other beneficial
soil properties through the use of environmentally friendly
cultivation technologies and techniques, implementation of other measures that
reduce the negative impact on soil, prevent the permanent
loss of humus, nutrients, etc .;
adhere to standards, standards in the implementation of
anti-erosion, agro-technical, agrochemical, reclamation and
other measures related to the protection of land, preservation and
increase of soil fertility;
Provide
information on the use of pesticides and
agrochemicals to the relevant executive and local government bodies ;
to facilitate the systematic conduct of exploratory,
survey, exploration works on the state of the land, dynamics of
soil fertility;
inform the relevant executive and
local self-government bodies in a timely manner on the condition, degradation and
contamination of land;
to ensure compliance with the
regime of land use subject to special protection established by the legislation of Ukraine ;
ensure the use of land for the intended
purpose and comply with the established restrictions (encumbrances) on the
land;
to protect lands from erosion, depletion,
pollution, clogging, salinization, sedimentation, acidification,
waterlogging, flooding, overgrown with weeds, shrubs and
small forests;
take measures to prevent negative and
environmental impact on land and elimination of the
effects of this impact.
Article 36 . Land protection in carrying out economic
activity on lands of agricultural
designation
protection of agricultural land
provided through the implementation of measures to
preserve farmland productivity, increase
their environmental sustainability and soil fertility, and limiting
their withdrawal (redemption) for non-agricultural purposes.
Changing the purpose of agricultural land
is allowed only if it is justified
that such change is in accordance with the procedure established by law.
In the case of withdrawal (redemption) of agricultural
land for non-agricultural needs,
priority is given to the maximum conservation of productive land.
Cross-sections and the configuration of land plots, which create
obstacles to their effective use and implementation of
nature conservation measures, as well as violate the landscape integrity of the
territory, are subject to regularization in accordance with the approved
project documentation for land management.
Protection of agricultural lands from erosion,
villages, flooding and other types of degradation is carried out on the
basis of the implementation of measures provided by national and regional
programs, in accordance with working projects of reclamation, protection of
lands from erosion and other documentation on land management.
Article 37 . Basic requirements for soil fertility protection
Owners and land users, including tenants, of
land plots are obliged to carry out
soil fertility protection measures provided for by this Law and other
normative legal acts of Ukraine.
The use of land in ways that lead to a
deterioration of their quality is prohibited.
Agricultural land may be
restricted to: the
cultivation of certain crops, the
use of certain technologies for their cultivation or holding
separate agricultural operations;
plowing of hayfields, pastures;
use of degraded, low-productive and
technogenically contaminated land;
unreasonable heavy use of land.
In order to control the dynamics of soil fertility,
their agrochemical examination is systematically conducted, and
agrochemical passports are issued , which record the initial and current levels of
soil nutrient supply and their contamination levels.
The data of the agrochemical certification of lands are used in the
process of regulation of land relations in the case of:
transfer to the property or
lease, including land, land;
change of land owner or land user;
monetary valuation of land;
determining the amount of payment for land;
control of soil fertility.
The form of the agrochemical passport and the procedure for keeping it shall be
established by the central executive authority on agricultural
policy issues.
Article 38 . Land protection during land reclamation
Land reclamation is carried out in accordance with the projects
approved in accordance with the procedure established by law.
Enterprises, institutions and organizations in
land reclamation are obliged to take measures aimed at
preventing flooding, waterlogging, salinization, pollution
Soils, wind and water erosion of reclaimed lands, their
degradation, deterioration of water bodies.
The procedure for construction, operation and maintenance of
environmental safety during land reclamation is
established by the Law of Ukraine “On Land Reclamation”
( 1389-14 ).
Article 39 . Protection of soil fertility using sludge
wastewater
Use of soil fertilization with the aim of sewage sludge that
accumulate on water treatment plants, carried out with the permission of
executive authority on ecology and natural resources with the
consent of the executive authority on agricultural policy
and health .
The use of sewage sludge is not allowed on the lands of
nature reserve and other nature conservation, health and
recreational purposes, the lands of the water fund and other
territories subject to special protection, and on the land
used for grazing, growing of
vegetables and fruits, as well as on land where the content of
any of the toxic substances exceeds the maximum permissible
concentration.
Importation of sewage sludge into the customs territory of Ukraine is
prohibited.
Article 40 . Land protection in the application of pesticides
and agrochemicals
The use of pesticides and agrochemicals is carried out
according to the Law of Ukraine “On Pesticides and Agrochemicals”
( 86/95-BP ).
Article 41 . Protection of lands during forest
management Forest management, regardless
of ownership and management, ensure the conservation and
increase of soil fertility, their proper ecological status in
accordance with the requirements of the legislation of Ukraine.
Timber harvesting on the slopes should be done on the basis of
environmentally friendly and soil protection technologies that
minimize the destruction of the soil cover of the land.
Article 42 . Land protection in water management
In water management, the protection of the land of the water fund
is carried out by limiting anthropogenic influence on them and
observing a special regime of their use in accordance with the law.
During the placement, design, construction, reconstruction and
operation of water management facilities, measures are
envisaged to prevent flooding, swamping, salinisation and
contamination of productive lands, deterioration of soil quality.
Discharge of sewage and water abstracted from
contaminated sources is prohibited , as a result of which degradation
and contamination of soil with hazardous substances may occur .
The peculiarities of the use of land of water fund and
water protection zones shall be established by law.
Article 43 . Peculiarities of the protection of the waters of the water fund
provided for fishery purposes The
protection of the land of the water fund provided for fishery
purposes is carried out by taking measures to prevent the
deterioration of aquatic living resources, as well as flooding, submerging
and swamping of productive land adjacent to water
.
Implementation of measures (land reclamation works, introduction of
organic, mineral fertilizers, etc.) aimed at preserving and
restoring the natural fishery of the lands occupied by
ponds, lakes and other water bodies, is carried out with
obligatory observance of the requirements of the environmental legislation of
Ukraine.
Article 44 . Land protection during the construction and operation of
linear engineering structures
During the construction and operation of linear engineering structures
(roads, pipelines, transmission lines and communications, as well as
other linear engineering structures), specially authorized
executive bodies in the field of land protection carry out permanent
control of the land. cover on these and adjacent
plots of land.
Undertakings, establishments and organizations of pipeline
transport are responsible for the contamination of land by
dangerous substances transported by pipelines and
compensate for the damage caused to the owners of land and
land users, including tenants, in accordance with the procedure established
by the Cabinet of Ministers of Ukraine.
Article 45 . Protection of Lands and Soils from Contamination of
Hazardous Substances
Economic and other activities that cause contamination of
lands and soils above established maximum permissible concentrations of
dangerous substances are prohibited.
In case of detection of soil contamination by hazardous
substances, specially authorized executive bodies in the
field of land protection shall take measures to restrict, temporarily
prohibit (suspend) or terminate the activity of enterprises,
institutions, organizations, regardless of ownership, attraction.
the perpetrators of liability under the law and carrying out in
accordance with the established procedure works on decontamination, restoration of
contaminated lands, conservation of lands and determination of the regimes for their
further use.
The peculiarities of the regime and the order of use of the contaminated lands are
agreed with the executive authorities on
health, ecology and natural resources and on agrarian
policy.
The
Cabinet of
Ministers of Ukraine sets the standards for maximum permissible concentrations of dangerous substances in soils, as well as a list of these substances .
Article 46 . Protection of land and soil from
waste pollution
In carrying out economic activities related to
storage, treatment, disposal and disposal, disposal
and disposal of waste shall be ensured by:
implementation of measures to prevent or reduce the volume
of waste generation and ecologically safe management of waste;
maximum conservation of the soil cover based on the selected
optimal variant of territorial location of the
waste management facilities;
removal of fertile soil, its storage, conservation and
use in land reclamation, improvement of low-productive
lands and improvement of settlements;
prevent the negative effects of waste
management facilities used for collection, storage,
treatment, disposal, disposal, disposal and disposal of
waste on the soil cover of adjacent territories;
reclamation of land after liquidation of objects
of waste management.
Enterprises, institutions and organizations, as well as citizens whose
activities are related to the accumulation of waste, are obliged to
ensure timely removal of such waste to special
objects used for their collection, storage,
treatment, disposal, disposal, disposal and disposal. .
Unauthorized dumping and disposal of waste
in underground horizons, on the territory of cities and other settlements
, on the lands of nature reserve and other is prohibited
nature conservation, wellness, recreational and
historical-cultural purposes, within the water protection zones and zones of
sanitary protection of water bodies, in other places, which can
create danger for the environment and
human health.
In areas of possible contamination of land with hazardous
waste, including emergency, emissions from stationary and
mobile sources by the decision of the local state administration or
local self-government body, continuous or
periodic surveys of the chemical composition of soils are carried out in order to identify
and determine their negative impact on human health, as well as
certain types of natural resources and the environment as a whole.
Disposal, collection, storage, treatment, disposal and
disposal, disposal and disposal of waste are carried out in
accordance with the requirements of the Law of Ukraine “On Waste” ( 187/98-BP ).
Article 47 . Protection of lands from erosion and landslides The
use of erosion and landslide hazardous land plots is
allowed provided the measures for their anti-erosion and
landslide protection are provided by the legislation of Ukraine.
In order to protect the lands from erosion and landslides, land management,
urban planning and other documentation envisages measures for
ensuring the erosion and landslide stability of the territory.
It is forbidden to plow slopes with a slope of more than 7 degrees
(except for areas for afforestation, afforestation and
soil protection measures). On slopes with a slope of 3 to 7 degrees, the
placement of cultivated crops, black steam, etc. is restricted.
Landowners and land users, including
tenants, are required to implement soil conservation measures to
prevent the deterioration of their quality and the quality of
adjacent land and the environment as a whole.
Article 48 . Land protection in the process of urban
development
The territorial development of residential and public buildings
within settlements, as well as the construction of
engineering and transport infrastructure facilities are carried out taking into account
land use requirements.
Placement and construction of housing, communal,
industrial, transport and other purposes are carried out in
accordance with the approved in accordance with the established urban planning
documentation and projects of these objects.
The construction of the land plots provided for urban development
needs is carried out after the right of ownership or
use, including on the lease terms, by the land plot, in
accordance with the procedure provided by law.
The determination of territories and the selection of land for urban development needs
and the construction of specific objects are carried out on the basis of
approved town planning documentation, documentation on
land management, territorial planning schemes mainly on
non-agricultural lands .
In carrying out town-planning activities, measures are envisaged
to:
maximize the conservation of the area of land with soil
and vegetation;
removal and storage in certain places of the fertile layer of
soil with subsequent use of it for improvement of
low-productive lands, land reclamation and improvement of
settlements and industrial zones;
prevention of violation of the hydrological regime of land
plots;
compliance with environmental requirements established by the legislation of
Ukraine in the design, location and construction of facilities.
Removal (redemption) and provision of land for
urban development needs are carried out taking into account the need for
maximum conservation of agricultural and forest lands and
soil cover in accordance with the procedure established by law.
Article 49 . Land protection in the application of new technical
means and technologies
When installing, designing, constructing and putting into operation
new and reconstructed objects, the application of new technical
means and technologies that have a negative impact on the
environmental condition, measures are taken to prevent
dangerous environmental and sanitary, hygienic consequences,
rational use and protection of land.
Placement of objects that have a negative impact on the
environmental status and quality of land resources is made
taking into account the results of an integrated assessment of this impact and the
development of appropriate measures to prevent dangerous
environmental and sanitary and hygienic consequences and rational
use and protection of land only after conducting state
environmental experts in the manner prescribed by law.
Article 50 . Protection of lands of wellness, recreational,
historical, cultural, nature conservation
and other nature conservation purpose
Protection of lands of health, recreational,
historical, cultural, nature reserve and other
nature conservation purpose is carried out by including these
lands in the ecological network, limiting their removal
(redemption) for other needs and limiting anthropogenic impact on
such lands.
The order of use of the lands of health, recreational,
historical, cultural, nature conservation and other
nature conservation purpose and creation of ecological network shall be
established by law.
Article 51 . Conservation of land
Conservation is subject to degraded and unproductive land, the
economic use of which is environmentally dangerous and
economically inefficient, as well as technogenically contaminated land
where it is impossible to obtain environmentally friendly products, and
staying on these lands is dangerous to their
health.
Land conservation is carried out by decision of
executive or local self-government bodies on the basis of
agreements with land owners.
Grounds for deciding on land conservation are the
submission of executive or local
self – government bodies that control
land use and protection.
The procedure for land conservation is established by the legislation of
Ukraine.
Article 52 . Land reclamation Land
reclamation is subject to land that has undergone changes in the structure of the
relief, the ecological condition of soils and mother rocks, and in
hydrological regime due to mining,
geological exploration, construction and other works.
In carrying out mining, geological prospecting,
construction and other works related to the violation of the soil
cover, the separated soil mass is subject to removal, storage,
storage and transfer to the damaged or low-productive land
plots in accordance with the working projects on cultivation and cultivation
.
When removing the soil cover, layer-by-layer removal and
separate storage of the top, most fertile soil layer and
other layers of soil are carried out in accordance with the structure of the soil profile,
as well as the parent rock.
The volume of soil to be removed and separately
stored is determined in the remediation projects for disturbed
lands.
Land reclamation is carried out by
layer- by -layer application on low-productive land plots or
plots without soil cover of the removed soil mass, and if
necessary – of the mother rock in the order that provides the
highest productivity of the reclaimed lands.
Works on removal, storage, storage and application of
soil to the disturbed land are carried out at the
expense of individuals and legal entities, on the initiative or fault of which the
soil cover is broken, and works on the application of the removed soil
masses on low-productive land are made at the request of the owners
or land users, including tenants, of these land
at their expense.
Article 53 . Prohibition of the removal of soil mass beyond the
territory of Ukraine The
export of soil mass outside the territory of Ukraine, except for
samples for scientific research, is prohibited.
Article 54 . Land and Soil Monitoring Land and Soil
Monitoring is conducted in order to
detect changes in land status and soil properties in a timely manner , evaluate the
implementation of land protection measures, preserve and restore
soil fertility, prevent the impact of negative processes and
eliminate the effects of this impact.
Depending on the purpose of the observations and the coverage of the territories
, land monitoring can be national, regional and
local.
For the monitoring of lands at the national level, a
decision of the central executive body on land
resources and the central executive body on ecology
and natural resources in the whole territory of Ukraine creates a network of
experimental land and plots with reference soils for the
purpose of making the necessary observations, measurements and
surveys of the ecological status of land, changes in indicators of useful
properties of soils under the influence of economic and other
activities.
Land monitoring is carried out by the authorized bodies of the
executive power on land resources with the participation of the
authorized bodies of the executive power on ecology and
natural resources, on the issues of agricultural policy.
The information received is sent to the executive authorities and
local self-government bodies for the development of scientifically
sound recommendations and timely decisions on
improving the protection of land, preventing negative changes in their status
and meeting the requirements of environmental safety.
For the purpose of timely detection of changes in the state of land, their assessment,
deterrence and elimination of the consequences of negative processes,
soils on agricultural lands are monitored.
Soil monitoring on agricultural lands
includes:
agrochemical soil examination;
control of changes in soil quality;
agrochemical certification of land plots.
Agrochemical certification of arable land is carried out
every 5 years, hayfields, pastures and perennial plantations –
every 5-10 years.
A continuous soil survey is conducted every
20 years.
Soil monitoring on agricultural lands
is carried out by the authorized body of the executive power
on agrarian policy.
The procedure of land monitoring is established by the Cabinet of
Ministers of Ukraine.
Section VII
FINANCING OF THE LAND AND SOIL PROTECTION INDUSTRY
Article 55 . Financing of measures for protection of lands
and soils
Financing of measures for protection of lands and soils
is 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, from payment for land, as well as funds of landowners and
land users and other sources not prohibited by law.
Expenditures of the State Budget of Ukraine on financing of measures for
protection of lands and soils are determined by a separate line.
At the expense of the State Budget of Ukraine:
implementation of measures envisaged by national
programs of land use and protection and increase of soil fertility
;
implementation of measures aimed at eliminating the causes and
consequences of negative impact on land resources and soils
as a result of natural disasters or in case of imposing the establishment of
perpetrators of natural and legal persons responsible for this, and reclamation of lands that were
damaged up to 1990;
construction and reconstruction of anti-erosion, hydrotechnical and
landslide structures, reclamation systems in accordance with the law;
creation of new and reconstruction of existing protective
forest stands;
conducting systematic surveys of lands and soils;
implementation of measures for the disposal or destruction (neutralization) of
unrecognized and unusable chemicals;
economic stimulation of implementation of measures on
land use and protection and increase of soil fertility in
accordance with national programs;
other land conservation measures.
At the expense of local budgets are implemented:
implementation of measures of regional programs
of land use and protection;
land development for agricultural and forestry
needs;
improving farmland and forestry;
land restoration work, if not
the fault of the owners and users of the land;
construction and reconstruction of anti-erosion, hydrotechnical and
landslide structures, reclamation systems in accordance with the law;
implementation of measures for protection of land around
waste management facilities used for their collection,
storage, treatment, disposal, disposal, disposal and
disposal of waste owned by territorial
communities;
economic incentives to implement
land use and protection measures and increase soil fertility in
accordance with regional programs;
other land conservation measures.
At the expense of landowners and land users
implemented,
organizational and economic, organizational and technological
erosion measures on their land;
measures for protection of land, preservation and increase of soil fertility
;
conducting preparatory works and drafting
land conservation projects ;
measures to restore the condition of the eroded, degraded and
disturbed by their fault lands and organically combined with them other
natural resources and objects of the environment, prevent the overgrown with
weeds, shrubs and small forests.
CHAPTER VIII
RESPONSIBILITY FOR VIOLATION OF LEGISLATION OF UKRAINE
ON LAND
PROTECTION Article 56 . Liability for violation of the law
Ukraine on land protection
Legal and natural persons guilty of violation of the legislation of
Ukraine on land protection are responsible under the
law.
Applying disciplinary, civil,
administrative or criminal penalties shall not absolve
those responsible from compensation for damage to land resources.
Damage caused as a result of violation of the legislation of Ukraine
on land protection shall be fully compensated.
CHAPTER IX
FINAL PROVISIONS
1. This Law shall enter into force on the day of its publication.
2. Within three months after the
entry into force of this Law, the Cabinet of Ministers of Ukraine shall:
to submit to the Verkhovna Rada of Ukraine proposals for
bringing the laws of Ukraine into compliance with this Law;
to bring its normative legal acts in compliance with this
Law;
ensure revision and repeal by ministries and other
central bodies of executive power of their normative legal
acts, which contradict this Law;
ensure the adoption of normative legal acts provided for by
this Law.
3. Within one year from the day this Law enters into force,
develop and submit to the Verkhovna Rada of Ukraine draft
laws of Ukraine on approval of the National Program
of Land Use and Protection and on approval of the National
soil fertility protection programs.
President of Ukraine L.KUCHMA
Kyiv, June 19, 2003
N 962-IV