Sustainable use and restoration of land in the legal framework for environmental and resource security

Abstract

The article examines the place of sustainable land use and restoration in the legal framework for environmental and resource security in Ukraine in the context of wartime and post-war challenges. It is argued that land, as a basic element of the country’s natural resource potential, performs economic, social, and environmental functions simultaneously and therefore requires a special legal regime for its use, protection, and restoration. It is argued that land degradation, pollution, and damage, exacerbated by the armed aggression of the Russian Federation, pose a significant threat not only to the ecological, but also to the food, economic, and overall national security of Ukraine. These circumstances require the search for effective organizational and legal methods and tools to preserve the national resource base and ensure guarantees for the realization of both land and environmental rights of citizens. The authors analyze doctrinal approaches to understanding ecological and resource security, its relationship with environmental, economic, and food security, and define the substantive characteristics of the categories of sustainable, ecologically balanced land use and land restoration. The content of the principle of priority of environmental safety requirements in land legislation is revealed, in particular through the provisions of the Land Code of Ukraine, the Law of Ukraine “On Land Protection” and other normative acts that establish the obligations of landowners and land users to preserve soil fertility and prevent negative anthropogenic impact on the state of land resources. Particular attention is paid to legal responses to violations of environmental standards in land use, in particular the termination of land rights. It is concluded that the formation of an effective organizational and legal model for the sustainable use and restoration of land is a necessary prerequisite for ensuring environmental and resource security, fulfilling Ukraine’s European integration commitments, and successfully implementing the post-war restoration of the state.