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финансовый и банковский сектор, образование и повышение профессиональной квалификации, здравоохранение и медицина[5].
Таким образом, в условиях динамичного развития цифровых прав и формирования цифровой экономики наблюдается недостаточность и неэффективность традиционных правовых механизмов регулирования использования современных цифровых технологий. Анализ действующего российского законодательства Российской Федерации свидетельствует о том, что перед государством стоят задачи решению наиболее актуальных вопросов, связанных с применением цифровых прав. Необходимо создать законодательную базу и юридически оформить цифровые права, и, что самое главное, повысить гарантии реализации и защиты прав граждан в цифровом обществе.
Список литературы
1. Гражданский кодекс Российской Федерации. Часть первая: федер. закон Рос. Федерации от 30 ноября 1994 г. № 51-ФЗ (в ред. от 31.07.2020) // Собр. законодательства Рос. Федерации. 1994. №32. Ст. 141.1.
2. Авакьян С. А. Информационное пространство знаний, цифровой мир и конституционное право // Конституционное и муниципальное право. 2019. № 7. С. 27.
3. Жаботинский М. В. Цифровые права как объекты гражданских прав: понятие и возникновение правового регулирования // Юридический сетевой электронный научный журнал. 2019. №1. С. 3644.
4. Зорькин В. Д. Право в цифровом мире // Российская газета. 2018. 30 мая.
5. Карцхия А. А. Гражданско-правовая модель регулирования цифровых технологий: дис. ...
кандидата юридических наук: 12.00.03. РГАИС. -М., 2019. 394 с.
6. Карцхия А. А. Цифровые права и правоприменение // Мониторинг правоприменения. 2019. №2 (31). С. 43-46.
7. Михеева Т. Н. К вопросу о правовых основах цифровизации в Российской Федерации // Вестник университета им. О. Е. Кутафина (МГЮА). 2019. №9. С. 114-121.
8. Прогноз социально-экономического развития Российской Федерации на 2018 год и на плановый период 2019 и 2020 годов (разработан Минэкономразвития России) от 27.10.2017 г. // Справочно-правовая система «Консультант-плюс». Версия от 05 октября 2020 г. (дата обращения: 10.12.2020 г.).
9. Талапина Э.В. Эволюция прав человека в цифровую эпоху // Труды Института государства и права РАН. 2019. Т. 14. № 3. С. 133.
10. Хабриева Т. Я., Черногор Н. Н. Право в условиях цифровой реальности // Журнал российского права. 2018. №1. С. 85-102.
11. Хасимова Л. Н., Гайфутдинова Р. З. и Ющенко Н. А. Правовое регулирование цифровых прав как объектов гражданского права по законодательству Российской Федерации // Вестник экономики, права и социологии. 2020. №1. С. 89-92.
12. Цифровое право: учебник. / под общ. ред. В. В. Блажеева, М. А. Егоровой. - М.: Проспект, 2019. С. 30-83.
13. Шестакова Е.В. Договоры в электронной форме: правовые риски и судебная практика. 2020 // Электронно-правовая система «Гарант». Версия от 05 октября 2020 г. (дата обращения: 10.12.2020 г.).
UDC 349.415
Overkovska T.
PhD, Associate Professor, Associate Professor of Law Faculty of Management and Law, Vinnitsa National Agrarian University, Vinnytsia, Ukraine DOI: 10.24412/2520-6990-2021-16103-47-53 LEGAL REGULATION OF MANAGEMENT IN THE FIELD OF USE AND LAND PROTECTION
Abstract.
The article considers some legal aspects of legal regulation of land use and protection. The principles on the basis of which the legal regulation of administrative activity is carried out are analyzed. It is determined that management in the field of land use and protection is one of the types of social management, and in the process of implementing state policy in the field of land use government and officials perform regulatory, incentive, control and punitive functions, which are analyzed in the article.
It is determined that important areas ofstate policy in the field of land management and protection are standardization and regulation in the field of land use. The system of governing bodies is defined as a set of structural elements endowed with the relevant powers defined by current regulations. Based on the results of the research, the article formulates conclusions that are based on the provisions of legal doctrine and current legislation.
Keywords: management, functions, land, land protection, public authorities, functional and legal support, system of governing bodies, competence of governing bodies, principles of management.
Introduction. The rule of law is inextricably linked with the development of the protection of human rights and freedoms, as well as the security of the individual. The right of citizens to a safe environment for
life and health and to compensation for damage caused by the violation of this right, which is guaranteed by the Constitution of Ukraine, plays a significant role in addressing issues of security and personal development.
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In modern conditions, the problems of environmental protection, rational use of natural resources and environmental safety are of particular importance. This is due to the fact that the normal conditions of human existence directly depend on how much he is able to merge with nature, to know its laws. However, in the sphere of interaction between society and nature, such negative phenomena gradually arise and exist as: depletion of natural resources; environmental pollution; disruption of ecological connections in ecosystems, etc. That is why the problem of environmental protection, in particular land, is multifaceted and multifaceted.
The causes of environmental problems in our society can be varied. In particular, these are: subordination of ecological priorities to economic expediency; low level of understanding in society of the priorities of environmental protection; imperfection of the system of ecological education; low level of compliance with environmental legislation and environmental rights and responsibilities of citizens.
In accordance with the Basic Principles (Strategy) of the State Environmental Policy of Ukraine for the period up to 2030, approved by the Law of Ukraine of 28 February 2019 № 2697-VIII, the processes of globalization and social transformation have increased the priority of environmental protection and therefore require Ukraine to take urgent measures [1]. Hence, it seems, justifies the need for analysis of management in the field of land relations as a component of functional and legal support for the rational use and reproduction of land resources, environmental protection in the management decision-making process.
Given that ensuring safe living conditions for society, preservation of the natural environment and rational use of natural resources are among the priorities of national interests, the sphere of functional and legal support of land protection does not lose its relevance.
An important role in ensuring the legal protection of land belongs to the governing bodies, in particular public authorities, which are mediated through the implementation of relevant management functions.
The issue of legal regulation of management in the field of legal principles of land use and protection is of scientific interest to many scientists. In the legal literature, issues of land management have been studied by such scholars as V.I. Andreitsev, H.I. Baliuk, N.S. Havrysh, A.P. Hetman, I.I. Karakash, V.V. Kostytskyi, M.V. Shulha and many others. At the same time, certain legal aspects of the functional and legal support of management in the field of land use and protection require further scientific substantiation and do not lose relevance in the implementation of land use, and remain the basis for further scientific discussions. That is why the purpose of this publication is to analyse the legal regulation of management in the field of land use and protection.
Research results. Management in the field of land use and protection is a component of management in the field of nature management and environmental protection.
Legal regulation in the field of land use management is carried out on the basis of a number of laws and regulations. At the same time, regulatory
and legal support of a significant range of issues in the studied sphere of public relations should be carried out in accordance with the Constitution of Ukraine, its approximation to EU requirements, comply with international acts to which Ukraine has acceded, and be socially acceptable and realistic.
According to Article 3 of the Land Code of Ukraine [2], land relations are regulated by the Constitution of Ukraine, the Land Code of Ukraine, as well as regulations adopted in accordance with them. Thus, in the legislative sense, state regulation of land relations is seen as the establishment of legal norms governing the relationship of rational use and protection of land, ie regulation. Therefore, public administration in the field of rational use and protection of land resources is carried out on the basis defined by the Constitution of Ukraine [3], the Land Code of Ukraine, the Law of Ukraine "On Environmental Protection" [4], other regulations of land legislation and legislation regulates the activities of public administration in general, ie the legal basis of public administration in the field of land relations is the current legislation of Ukraine.
It should be noted that the implementation of public administration in the field of land use and protection should be aimed at achieving the proper state of land resources and the environment as a whole by introducing an ecological and systemic approach to all areas of social and economic development of Ukraine. This is based on ensuring the constitutional right of citizens to a clean and safe environment for life and health (Article 50 of the Constitution of Ukraine), the introduction of balanced nature management and the preservation and restoration of natural ecological systems. In this regard, like any other activity, management in the field of land relations is floated and carried out on the basis of certain principles enshrined in current legislation of Ukraine.
Thus, in accordance with Article 3 of the Law of Ukraine "On Land Protection" [5], the main principles of state policy in the field of land protection are: ensuring land protection as the main national wealth of the Ukrainian people; priority of ecological safety requirements in the use of land as a spatial basis, natural resource and main means of production; compensation for damages caused by violation of the legislation of Ukraine on land protection; rationing and systematic limitation of the impact of economic activity on land resources; combination of measures of economic stimulation and legal responsibility in the field of protection of quality of lands; publicity in resolving issues related to land protection, use of funds from the State Budget of Ukraine and local budgets for land protection
In addition, in our opinion, the legal regulation of management activities in the field of land use and protection can also be based on the general principles of land relations, defined by Article 5 of the Land Code of Ukraine, namely: 1) a combination of land use as a territorial basis, natural resource and fixed assets; 2) ensuring equality of land ownership of citizens, legal entities, territorial communities and the state; 3) non-interference of the state in the exercise
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by citizens, legal entities and territorial communities of their rights to own, use and dispose of land, except as provided by law; 4) ensuring the rational use and protection of land; 5) providing guarantees of land rights; 6) priority of environmental safety requirements.
Also, the implementation of the principles of state environmental policy is carried out on the principles of: 1) openness, accountability, transparency of public authorities; 2) public participation in the formation of public policy; 3) observance of ecological rights of citizens; 4) encouragement to conduct environmentally responsible business and environmentally conscious behavior of citizens; 5) prevention of environmental damage; 6) international cooperation and European integration [1]. At the same time, state regulation in the field of environmental protection (and hence land resources) is recognized as one of the main tools for implementing state environmental policy, which will establish scientifically sound restrictions on the use of natural resources and environmental pollution and implement an integrated permit for regulation of environmental pollution in accordance with Directive 2010/75 / EC on industrial pollution (integrated pollution prevention and control), etc.
According to scientists, management in the field of land use and protection is one of the types of social management, which means a purposeful set of actions of management entities that ensure coordination and coordination of joint work to achieve socially significant goals and objectives [6, p. . 179-181]. Thus, the principles of governance in the field of land relations may be the following principles of a more unified nature, namely: 1) the principle of legality in regulating the rational use and protection of land, which provides strict and strict compliance by all state and public bodies and organizations, officials and citizens of the requirements of current legislation in the field of land use and protection; 2) the principle of planning, purposeful-ness and systematization in the management of land use and protection, which contributes to streamlining the activities of management structures; 3) the principle of coordination of various forms of management in the field of land relations, which ensures the effectiveness and efficiency of management activities, compliance of regulations of management bodies with current legislation; 4) the principle of ensuring guarantees of land rights of citizens, legal entities, territorial communities; 5) non-interference of state bodies and officials in the exercise by citizens, legal entities and territorial communities of their rights to own, use and dispose of land, except as provided by law, etc.
The legal literature draws attention to the fact that in the process of implementing state policy in the field of land use, state bodies and officials perform such basic functions as regulatory, incentive, control and punitive functions [6, p. 220].
The regulatory function of the state in the protection of land is to establish mandatory rules for the rational use of land resources. In particular, the responsibilities of landowners and land users for the rational use and protection of land.
Thus, Articles 91 and 96 of the Land Code of Ukraine provide for the responsibilities of owners and users of land, which are as follows: 1) to ensure the use of land for its intended purpose; 2) comply with the requirements of environmental legislation; 3) pay land tax on time; 4) not to violate the rights of owners of adjacent land plots and land users; 5) increase soil fertility and preserve other useful properties of the soil; 6) timely provide the relevant executive authorities and local governments with data on the condition and use of land and other natural resources in the manner prescribed by law; 7) comply with the rules of good neigh-borliness and restrictions related to the establishment of land easements and protection zones; 8) store geodetic signs, anti-erosion structures, networks of irrigation and drainage systems; 9) at its own expense to restore the land to the previous state in case of illegal change of its relief, except for such change not by the owner of the land, when the restoration is carried out at the expense of the person who illegally changed the terrain and other responsibilities.
Ensuring the intended use of land is certainly one of the main responsibilities of landowners and land users. Its essence is that a particular land plot should be used in accordance with the conditions of its provision. Misuse of land is prohibited and entails negative legal consequences for land users.
The stimulating function of the state in the field of land use and protection is the establishment of economic incentives for the rational use and protection of land resources for owners and users of land, including tenants.
In the legal literature, economic incentives for rational use and protection of land are seen as a mechanism for pricing, lending, preferential taxation, budget and extrabudgetary funds, compensation for reduced incomes, etc., which ensures rational use of land resources, creates favorable conditions for agricultural production, preservation and reproduction of lands, their protection from the negative consequences of human anthropogenic activity. Thus under economic stimulation of landowners and land users it is accepted to consider both encouragement to active actions, and encouragement for already to reach results [7, p. 150].
According to Article 205 of the Land Code of Ukraine, economic incentives for rational use and protection of land include: 1) providing tax and credit benefits to citizens and legal entities that carry out at their own expense measures provided by national and regional programs of land use and protection; 2) allocation of funds from the state or local budget to citizens and legal entities to restore the previous condition of lands violated through no fault of their own; 3) exemption from payment for land plots that are in the stage of agricultural development or improvement of their condition in accordance with state and regional programs; 4) compensation from the budget funds for the reduction of income of landowners and land users due to the temporary conservation of degraded and unproductive lands that have become so through no fault of their own.
Article 27 of the Law of Ukraine "On Land Protection" stipulates that compensation for costs incurred by landowners and land users to improve the ecological
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condition of land and increase soil fertility is carried out at the expense of the State Budget of Ukraine and local budgets in accordance with national and regional land protection programs. The grounds for considering the issue of economic incentives for land improvement measures is considered to be the application or petition of landowners and land users to the executive authorities or local governments that regulate land protection, at the location of the land plot.
The control function of the state in land protection is aimed at the implementation of the authorized bodies of state power and local governments control and protection functions for the use and protection of land. Legal, economic and social bases of the organization of state control over the use and protection of lands are provided in the Law of Ukraine "On state control over the use and protection of lands" [8].
State control over the use and protection of land is the activity of specially authorized executive bodies to verify compliance with land and environmental legislation in order to identify offenses, take measures to influence offenders and ensure the established order of use and protection of land resources. At the same time, this activity is aimed at compliance with the requirements of land legislation, ensuring guarantees for the implementation of land law and the establishment of legality in land relations [7, p. 122].
In accordance with the Law of Ukraine "On State Control over the Use and Protection of Land", state control over compliance with the legislation of Ukraine on the protection of the quality of land is carried out in part: compliance by individuals and legal entities with legislation on land protection; conservation of degraded and unproductive lands; implementation of measures to prevent land contamination with chemical and radioactive substances, waste, wastewater; compliance with environmental standards for land protection and others (Article 7 of the Law of Ukraine "On state control over the use and protection of land"). The controlling functions of state control can take the following forms: conducting inspections; consideration of appeals of legal entities and individuals; participation in the work of commissions in the commissioning of reclaimed systems and reclaimed lands, protective forest plantations, anti-erosion hydraulic structures and other facilities constructed to ensure land protection; consideration of land management documentation related to land protection (Article 9 of the Law of Ukraine "On State Control over Land Use and Protection"). Therefore, state control in the field of land protection should be considered as an activity of authorized state bodies aimed at detecting, terminating and preventing violations of the legislation on rational use and protection of land.
The punitive function of the state in land protection is manifested in the establishment of sanctions for violations of the rules of rational use and protection of land and their application to violators of land legislation. Such sanctions have the right to be applied by the relevant authorities, ie it is a question of bringing to legal responsibility by application of sanctions of coercive character. Hence, legal liability is one of the most important legal means of ensuring compliance with en-
vironmental legislation and environmental rights of citizens and legal entities, as well as maintaining proper environmental law and order in the state and society. It is a kind of legal liability in general, and therefore it has all the hallmarks of legal liability in general [9, p. 8].
It should be noted that the legal literature highlights the features of legal liability in the field of land protection from pollution and damage, namely: 1) the basis of liability is the commission of lawful acts, ie without the fault of the person and land offense high-quality, ecologically safe condition of lands for life and health of people; 2) is realized in the aspect of legal relations; 3) provides for the application of measures of state coercion; 4) provides for compensation for damage caused to the quality of land, other elements of the environment, human health, and in some cases - the property of citizens, legal entities, the state; 5) there may be compensation for damage caused to the quality of lands and soils, in kind by performing work to restore the disturbed state of lands; 6) a certain mechanism of its implementation is applied, the nature of which depends on the type of offense and which is inherent in a particular type of legal liability [10, p. 145].
One of the important areas of state policy in the field of land management and protection is standardization and regulation in the field of land use.
Standardization in the field of land protection and soil fertility reproduction is an activity aimed at establishing provisions for general and repeated application of existing or possible tasks in order to achieve the optimal degree of regulation in the field of land protection and soil fertility reproduction, which results in increased product compliance. , processes and services of their functional purpose, elimination of barriers to trade and promotion of scientific and technical cooperation [7, p. 620]. In accordance with Article 165 of the Land Code of Ukraine, standardization and regulation in the field of land protection and soil fertility reproduction is carried out to ensure environmental and sanitary safety of citizens by adopting appropriate standards defining requirements for land quality, allowable anthropogenic load on grants and individual territories, permissible agricultural land development, etc. Thus, standardization as a management function in the field of land protection can be considered as an activity for the issuance of normative documents on standardization in the field of land protection. At the same time, normative documents in the field of land protection are developed, approved, checked and revised in the manner prescribed by the Law of Ukraine "On Standardization" [11].
Common to all areas of management features of the standards are specified in Article 32 of the Law "On Environmental Protection", which defines state standards in the field of environmental protection as mandatory documents that define: 1) concepts and terms, mode of use and protection of natural resources; 2) methods of monitoring the state of the environment; 3) requirements for the prevention of environmental pollution; 4) other issues related to environmental protection and the use of natural resources.
According to Articles 30-34 of the Law of Ukraine " On Land Protection" in the field of land protection and
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soil fertility reproduction, the following standards are set:
1) standards of maximum permissible soil contamination, which are determined in order to establish criteria for land suitability for their intended use (maximum permissible concentrations of chemicals in soils, residual amounts of pesticides and agrochemicals, heavy metals, etc.; maximum permissible levels of soil contamination by radioactive substances);
2) standards for the quality of soils, which are established in order to prevent their depletion and are used to monitor the quality of soils;
3) standards for the optimal ratio of land, which are established to prevent excessive anthropogenic impact on them, including excessive plowing of agricultural land;
4) standards for the optimal ratio of crops in crop rotations in different natural and agricultural regions, which are set to achieve high and stable yields and prevent depletion and loss of soil fertility due to soil fatigue;
5) standards for land degradation indicators are established for each category of land in order to prevent deterioration of their condition and are used to control the use and protection of land.
That is why the current land legislation prohibits economic and other activities that cause pollution of lands and soils above the established maximum permissible concentrations of hazardous substances (Article 45 of the Law of Ukraine "On Land Protection"). Standards of maximum permissible concentration of hazardous substances in soils, as well as their list are approved by the executive authorities in the field of environmental protection and sanitary-epidemiological supervision in coordination with the executive authorities on land resources. That is, the maximum permissible concentrations of harmful substances are set as criteria for the safety factor of human habitation and are fixed in the relevant rules and regulations.
«In particular, for the organization and coordination of standardization work on the basis of the National Research Center "Institute of Soil Science and Agro-chemistry named after O.N. Sokolovsky" created a technical committee for standardization TC-142 "Soil Science". The current "Classifier of normative documents" DK 004-2003 provides a separate class ND-13 "Environment. Protecting the environment and human health. Safety", which includes subclass 13,080 «Soil quality. Soil Science» [7, p. 620].
Therefore, it is proposed to consider the following features of normative documents in the field of land and soil protection: 1) focus on ensuring environmental, sanitary and hygienic, sanitary and anti-epidemic safety of citizens; 2) the content consists of certain qualitative or quantitative indicators (standards); 3) mandatory for implementation; 4) set a certain threshold level for the performance of certain works, the use of chemicals; the impact of harmful substances on soils, the environment, humans, etc.; 5) are developed by specialized institutions and enterprises; 6) are the only ones for use throughout Ukraine [10, p. 84-85].
Thus, management in the field of land use and protection is an organizational and legal activity of authorized bodies aimed at ensuring the rational use of land and their protection by all business entities within the limits set by the current land legislation of Ukraine. In this case, the subject of management in the field of land use and protection is a system of authorized bodies, which are endowed with managerial competence to ensure the rational use and protection of land. Such competence is regulated by the legislation regulating the sphere of land relations.
The system of governing bodies is a set of structural elements that are interconnected and conditioned by one goal and perform the appropriate functions to achieve it. Traditionally, the system of governing bodies in the field of land use and protection is divided into two types: bodies of general competence and bodies of special competence. Bodies of general competence carry out the specified activity together with the decision of other tasks carried to their competence, and bodies of special competence of management in the field of use and protection of lands carry out as the main or one of the main directions of their activity.
In particular, the system of bodies of general competence includes: 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 governments, local executive bodies.
Thus, the powers of the Verkhovna Rada of Ukraine in the field of land relations include: 1) adoption of laws in the field of regulation of land relations; 2) determination of the principles of state policy in the field of land use and protection; 3) approval of national programs for land use and protection; 4) establishing and changing the boundaries of districts and cities; 5) coordination of issues related to the change of purpose of especially valuable lands of state and communal property, termination of the right of permanent use by them in accordance with the Land Code of Ukraine; 6) resolution of other issues in the field of land relations in accordance with the Constitution of Ukraine (Article 6 of the Land Code of Ukraine).
The powers of the Cabinet of Ministers of Ukraine in the field of land relations are defined by the Land Code of Ukraine. The powers of the Cabinet of Ministers of Ukraine in the field of land relations include: 1) disposal of state-owned lands within the limits set by law; 2) implementation of state policy in the field of land use and protection; 3) purchase of land plots for public needs in the manner prescribed by law; 4) coordination of land reform; 5) development and implementation of national programs of land use and protection; 6) organization of maintaining the state land cadastre, state control over the use and protection of land and land management; 7) establishing the procedure for land monitoring; 8) resolution of other issues in the field of land relations in accordance with the law (Article 13 of the Land Code of Ukraine). Also, the powers of the Cabinet of Ministers of Ukraine in the field of land relations are determined by other articles of the Land Code of Ukraine.
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The Ministry of Environmental Protection and Natural Resources of Ukraine should be singled out among the bodies of special competence in the field of rational use and protection of lands. According to Article 14 of the Land Code of Ukraine, Art. 17 of the Law of Ukraine "On Land Protection" the ministry is considered the central executive body that ensures the formation of state policy in the field of environmental protection, and its powers in the field of land relations include: a) participation in the development of national and regional programs of use and protection lands; b) participation in the formation of state policy in the field of protection and rational use of land; c) organization of land monitoring; d) resolution of other issues in the field of land relations in accordance with the legislation.
The Ministry of Environmental Protection and Natural Resources of Ukraine operates on the basis of the Regulation on the Ministry of Environmental Protection and Natural Resources of Ukraine, which was approved by the Cabinet of Ministers of Ukraine dated June 25, 2020 № 614 [12]. At the same time, the Ministry of Environmental Protection and Natural Resources of Ukraine is considered the main body in the system of central executive bodies in the formation and implementation of state policy in the field of environmental protection, ecological and within its competence biological, genetic and radiation safety, waste management. , pesticides and agrochemicals, rational use, reproduction and protection of natural resources, reproduction and protection of lands, conservation, reproduction of biological and landscape diversity, formation, preservation and use of ecological network, etc.
Within the limits of its powers, the Ministry of Environmental Protection and Natural Resources of Ukraine must organize the implementation of legislative acts and exercise control over their implementation. It is also responsible for generalizing the practice of applying legislation on issues within its competence, developing proposals for improving the legislation and submitting them to the Cabinet of Ministers of Ukraine.
The body of special competence in the field of land use management and protection is the State Service of Ukraine for Geodesy, Cartography and Cadastre, which operates on the basis of the Regulation on the State Service of Ukraine for Geodesy, Cartography and Cadastre, approved by the Cabinet of Ministers of Ukraine dated January 14, 2015 № 15 [13].
State Service of Ukraine for Geodesy, Cartography and Cadastre in accordance with the tasks:
1) generalizes the practice of application of legislation on issues within its competence, develops proposals for improving legislative acts, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, regulations of ministries and submits them to the Minister of Agrarian Policy and Food of Ukraine;
2) carries out international cooperation in the field of topographic, geodetic and cartographic activities and on the establishment, standardization, preservation, accounting, registration of geographical names, participates in the preparation of international
treaties of Ukraine, in accordance with the law concludes international treaties of Ukraine interagency;
3) ensures the implementation of national legislation to EU legislation on matters within its competence and other tasks.
Due to the fact that soil is the center of the highest concentration of nutrients, the basis of human life and development due to its most valuable property -fertility, as well as non-renewable natural resources, EU legislation has paid and continues to pay attention to soil protection. This can be confirmed by the Address (Communication) of the European Commission of 16 April 2002 - "Towards a Soil Protection Strategy" and the Address of the European Commission of 22 September 2006 entitled "Thematic Strategy for Soil Protection". The main goal of the strategy is to ensure and guarantee the sustainable use of soils and its basic principles: to prevent further deterioration of soil quality and preservation of their natural properties; return to the use of soils, the quality of which has deteriorated, but which must be restored in the near future and funds must be provided for this by both EU member states and EU funds in general. At the same time, events should be held at three levels - local, national, and EU level. Measures to be implemented at the EU level will be mandatory additions to those carried out in EU member states [14, p. 45]. Thus, as can be seen, administrative powers in the field of land use and protection are also exercised through the prism of adaptation of Ukrainian legislation on land protection, in particular soils, to the legislation of the European Union.
Note that the implementation of state policy in the field of land protection is carried out by developing and adopting a national program and regional programs of land use and protection in accordance with the requirements of Articles 177, 178 of the Land Code of Ukraine. National land use and protection programs are developed to meet the needs of the population and industries in the land and its rational use and protection, as well as in accordance with the programs of economic, scientific, technical and social development of Ukraine. National programs of land use and protection are approved by the Verkhovna Rada of Ukraine.
In the legal literature of ecological and legal direction, the legal features that are characteristic of management in the field of nature management and environmental protection are distinguished. However, given the fact that land use is a type of nature use, and land is a component of the environment, these features may be inherent in management activities in the field of land use and protection.
Thus, management in the field of ecology is characterized by the following features: 1) a kind of social management governed by law; 2) the system of legal norms governing public relations for management in the field of ecology, determines its purpose and objectives, functions in this area, powers and functions of management entities, rights and responsibilities of individuals and legal entities and the order of their relations; 3) the management is based on purposeful activity of executive bodies, local self-government and public associations; 4) the activities of management entities
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are aimed at ensuring the efficient use of natural resources, environmental protection, environmental safety; 5) the functions of the subjects of management include the organization, coordination, coordination, control over the activities of other subjects of administrative legal relations; 6) state and legal support for compliance with environmental and land legislation, prevention and prevention of environmental offenses and measures to protect the rights of citizens [15, p. 48].
Conclusion. Thus, based on the above, we conclude that important in the implementation of land protection legislation is the functional support of state policy in the field of rational use and protection of land, in which public administration acts as a means of forming relations in the field of land use and protection. In this case, the legal regulation of management in the field of use and protection should be aimed at the following: 1) the introduction of an effective management system to ensure balanced use of land resources, taking into account the provision of future generations; 2) implementation of measures guaranteeing the implementation of international standards of environmental management, a component of which is land; 3) acceleration of informatization of the sphere of use and protection of land resources and also creation of the automated information-analytical system of providing access to ecological information; 4) territorial expansion of cities and other settlements will be possible only if the preservation, creation and restoration of recreational, protected, health areas and facilities, landscapes, forests, etc.
References.
1. On the basic principles (strategy) of the state environmental policy of Ukraine for the period up to 2030: Law of Ukraine of February 28, 2019 № 2697-VIII. Government courier. 2019. April 6. (№ 67).
2. Land Code of Ukraine: Law of Ukraine of October 25, 2001 № 2768-III. Information of the Verkhovna Rada of Ukraine. 2002. № 3-4. St. 27.
3. Constitution (Basic Law) of Ukraine: Law of Ukraine of June 28, 1996 № 254k / 96-VR. Information of the Verkhovna Rada of Ukraine. 1996. № 30. Art. 141.
4. On environmental protection: Law of Ukraine of June 25, 1991 № 1264-XII. Information of the Verkhovna Rada of Ukraine. 1991. № 41. Art. 546.
5. On land protection: Law of Ukraine of June 19, 2003 № 962-IV. Information of the Verkhovna Rada of Ukraine. 2003. № 39. Art. 349.
6. Land law of Ukraine: a textbook / ed. M.V. Shulgi. K.: Yurinkom Inter, 2007. 368 p.
7. Great Ukrainian legal encyclopedia: in 20 volumes. Kharkiv: Law, 2016. Vol.16: Land and agrarian law / editor . : M.V. Shulga and others. ; Nat. acad. right. Sciences of Ukraine; Inst. Of State and Law. V.M. Ko-retsky NAS of Ukraine; Nat. jurid. Univ. Yaroslav the Wise, 2019. 696 p.
8. On state control over land use and protection: Law of Ukraine of June 19, 2003 № 963-IV. Information of the Verkhovna Rada of Ukraine. 2003. № 39. Art. 350.
9. Overkovskaya T.K., Opolskaya N.M. Legal liability for environmental offenses: a textbook. Vinny-tsia, LLC "Works", 2020. 252 p.
10. Overkovskaya T.K. Legal principles of land protection from pollution and spoilage in Ukraine: monograph. Vinnytsia: PE "Edelweiss and K", 2010. 220 p.
11. On standardization: Law of Ukraine of May 17, 2001 № 2408-III. Official Gazette of Ukraine. 2001. № 24. Art. 1057
12. Regulations on the Ministry of Environmental Protection and Natural Resources of Ukraine: Resolution of the Cabinet of Ministers of Ukraine of June 25, 2020 № 614. Official Gazette of Ukraine. 2020. № 59. Art. 1853
13. Regulations on the State Service of Ukraine for Geodesy, Cartography and Cadastre: Resolution of the Cabinet of Ministers of Ukraine of January 14, 2015 № 15. Official Gazette of Ukraine. 2015. № 7. Art. 164.
14. Mironyuk V.M. EU land protection strategy (economic and legal aspect). Legal Bulletin of Krok University. 2012. № 14. pp. 44-48.
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