Volyn branch of the SI “Derzhgruntokhorona” informs about the state of soils, changes in legislation in the field of their protection and offers specialized support and support
What is happening with soils and what legislative initiatives on this issue?
Over the past two decades, scientists, practitioners and mass media have been insistently convincing Ukrainian society about dangerous changes in our soils, which in the near future will lead to an environmental and, accordingly, food and economic crisis due to the degradation processes of their fertility.
General Director of the AUPA (All—Ukrainian public Association) “Ukrainian agrarian Confederation” expert Pavlo Koval informed that “over the past 10 years, we have lost 0,1 % of the humus content — this is a crazy figure. Because this unit (0.1%) can be reproduced only in a hundred years of rational and efficient use of land”.
Long — term results of continuous agrochemical surveys of our soils, which in 1995 became the basis of Presidential Decree No. 1118 “On continuous agrochemical certification of agricultural land”, indicate that from 1986 to 2010, the decrease in humus in the soils of Ukraine averaged 0.22% %, and in the steppe zone, where the main chernozem massifs are distributed-0.32%. Conditional losses from the loss of such an amount of humus reach about UAH 450 billion (periodic report on the state of soils on agricultural land. – SI “Derzhgruntokhorona”, 2015). In the Volyn region, during this period, the fall in humus was 0,15 % for the polessky region and 0,36 % for the forest-steppe zone.
The presented results obtained thanks to agrochemical certification are impressive. However, the law of Ukraine” on amendments to the Land Code of Ukraine and other legislative acts on improving the management system and deregulation in the field of land relations ” (No. 2194 of 28/04/2019) in the wake of the land reform is recognized as an instrument of pressure on agricultural business and introduced the norm of voluntary agrochemical certification when transferring land to ownership and use contrary to the decree of the president of Ukraine of December 02 , 1995. No. 1118 “On continuous agrochemical certification of agricultural land”.
What’s next about soil protection?
In everyday use and at the legislative level, the concept of “land” is fixed, which is identified with the concept of “soil”. However, these concepts are not inherently equivalent. Land plots are reflected by topographic boundaries and this is the territory, and soils as their component are characterized by qualitative characteristics that can deteriorate, and therefore need to be protected. Discussions are continuing and we will probably soon get a clearer application of the terms “soils” and “soil protection”at the legislative level.
The Constitution of Ukraine stipulates that land, its mineral resources, atmospheric air, water and other natural resources (which include soils) are objects of property rights of the Ukrainian people. On behalf of the Ukrainian people, ownership rights are exercised by state authorities and local self-government bodies (Article 13). It is also noted that land is the main national wealth, which is under special state protection (Article 14). Ensuring environmental safety and maintaining ecological balance on the territory of Ukraine is the responsibility of the state (Article 16).
After the adoption in April 2021 of the law of Ukraine “On amendments to certain legislative acts of Ukraine on improving the management system and deregulation in the field of land relations”, the phenomenon of transferring pastures and hayfields to arable land has become widespread, which will inevitably lead to increased erosion processes. At the level of territorial communities, large-scale decisions are made on the withdrawal of agricultural land for construction. The legal requirements for handling fertile soil are ignored. Also, do not forget that from one hectare of winter wheat, about 400 kg of nutrients are removed annually, without compensation for which the processes of depletion of soil fertility occur.
Getting rid of the unified mechanism for collecting information on the current qualitative state of soil cover, which is implemented through agrochemical certification, it is not clear how the state can ensure the implementation of Articles 13, 14 and 16 of the Constitution of Ukraine.
So who should take care of our soils if the natural resource belongs to the people?
In the light of the slogans of land reform, the Verkhovna Rada Committee on agrarian and land policy has strategically determined that the owner of the land should worry about preserving soil fertility. At the same time, mechanisms for monitoring, stimulating and responsible for damage and deterioration of soil fertility are being developed and improved. At the same time, the control system is proposed to focus on systematic soil, agrochemical surveys and certification. The issue of applying the ecological and agrochemical score in the soil quality assessment system is considered. Consequently, the Institute of agrochemical certification is not abolished, but is transformed into an instrument of voluntary declaration of integrity of soil management of a land plot that is owned. This should be taken into account by local self-government bodies, since the role of territorial communities in the processes of ensuring soil protection is significantly increasing.
What is the role of territorial communities in soil conservation?
According to the law of Ukraine “On local self-government in Ukraine”, the powers of the executive bodies of territorial communities include the preparation of programs of socio-economic development, targeted programs on other issues of self-government, ensuring a balanced economic development of the relevant territory, effective use of natural and financial resources (Article 27), delegated the authority to monitor compliance with land legislation, the use and protection of lands, their soils (Article 33, Section 1, Paragraph B), subparagraph 1)). According to Paragraph 1 of Article 60, territorial communities own the right of communal ownership of land, natural resources, and according to paragraph 5 of this article, Local self-government bodies on behalf of and in the interests of territorial communities in accordance with the law exercise the right to own, use and dispose of objects of communal property rights, can transfer objects of communal property rights for permanent or temporary use to legal entities and individuals, conclude contracts within the framework of public-private partnership, including renting them out, etc.
Pursuant to the decree of the president of Ukraine of October 15, 2020 No. 449 “On some measures to accelerate reforms in the field of land relations” and the resolution of the Cabinet of Ministers of Ukraine of November 16, 2020 No. 1113 “Some measures to accelerate reforms in the field of land relations”, the Main Department of Derzhgeokadastr in the Volyn region as of 01/01/2021 transferred agricultural land from state ownership to communal ownership.
Article 37 of the law of Ukraine “On land protection” stipulates that owners and land users, including tenants, of land plots are obliged to implement measures to protect soil fertility provided for by this law and other regulatory legal acts of Ukraine. In order to monitor the dynamics of soil fertility, their agrochemical survey is systematically carried out, agrochemical passports are issued, which record the initial and current levels of soil nutrient supply and levels of their pollution.
Data of agrochemical certification of land are used in the process of regulating land relations in the following cases:
- when transferring ownership or providing for use, including lease, of a land plot;
- change of land plot owner or land user;
- conducting a monetary assessment of land;
- determining the amount of land payment;
- monitoring the state of soil fertility.
Article 54 of this law provides that in order to timely identify changes in the state of land, assess them, prevent and eliminate the consequences of negative processes, soil monitoring is conducted on agricultural land, which includes:
- agrochemical soil survey;
- control of changes in the quality condition of soils;
- agrochemical certification of land plots.
This law also stipulates that agrochemical certification of arable land is carried out every 5 years, hayfields, pastures and perennial plantings — every 5-10 years. A continuous soil survey is carried out every 20 years.
Financing of measures for the protection of land and soils is carried out at the expense of the state budget of Ukraine, local budgets, including those received in the 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.
Taking into account the powers, for territorial communities, an important tool for ensuring control over the protection of the soil cover of community lands, the traceability of changes in its fertility should be recommended (or obliged by its decision) in land lease agreements (resolution of the Cabinet of Ministers of Ukraine of March 3, 2004 No. 220) in paragraph 7 “Other features of the rental object that may affect lease relations” to indicate the data of agrochemical certification of the land plot (land plots) when renting out and in the process of using with periodic confirmation.
What is the role of the state institution “Institute of soil protection of Ukraine” of its branches?
Taking into account the processes of improving legislation in the field of land relations, in order to ensure the reproduction of soil fertility, long-term preservation of high-quality and productive functions of the soil cover of community lands, the Volyn branch of the SI “Derzhgruntokhorona” offers the executive bodies of territorial communities,landowners, land users, farms and personal farms, institutions and organizations cooperation and professional technological support in the processes of survey, research, assessment and management of soil resources for such activities:
- Development of regional and local soil fertility protection programs.
- Development of design and estimate documentation for the organization, irrigation and re-irrigation of public pastures, Liming of acidic soils.
- Conducting an agrochemical survey of land plots (massifs, fields) in order to establish the quality condition of soils, the necessary resources for the reproduction of their fertility, rational selection of crops, calculation of the need for fertilizer, including with the issuance of an agrochemical passport of the field, land plot and assessment according to the ecological and agrochemical score.
- Conducting a soil survey with the preparation of a report for laying perennial plantings and berry fields, clarifying and establishing agricultural production groups of soils, drawing up rational crop rotations, identifying and confirming unproductive and disturbed lands that require reclamation (conservation), establishing parameters for removing the fertile layer.
- Laboratory tests of soil samples for agrophysical and agrochemical indicators.
- Determination of heavy metal content in soil and plants.
- Toxicological control of soil and plants.
- Radiological control of soil and agricultural products.
- Determination of water quality indicators.
- Quality control and compliance with technical conditions and environmental standards of fertilizers, chemical meliorants, including silt and wastewater.
- Research of the quality of plants, agricultural products and feed.
- Diagnostics of mineral nutrition (soil, tissue and leaf diagnostics).
- Sanitary and microbiological studies of soil and plant phytopathology.
- Agrotechnological support of consulting (agrochemical analysis and all types of diagnostics of soils, including greenhouses, substrates, plants, irrigation water, fertilizers (mineral, organic, biologics), plant protection products, soil and plant phytopathology).
For more information, follow the link: http://www.old.iogu.gov.ua/volinska/
Mykola Zinchuk, candidate of Agricultural Sciences, Director of the Volyn branch of the SI “Derzhgruntokhorona”.