Land is the main national wealth under the special protection of the state.
The use of land cannot harm the rights and freedoms of citizens, public interests, worsen the ecological situation and natural qualities of the land.
In today’s conditions, there is concern about the ecological state of all natural resources without exception. The problem of protection and rational use of land resources, and primarily agricultural land, is becoming particularly acute.
It is these lands that were and are the basis of the livelihood of current and future generations, their environment, the source of material well-being of the people and the guarantor of the country’s food security.
Today, due to insufficient funding of programs for the protection and improvement of soil fertility and an imperfect monitoring system for the quality of land use, work on fundamental soil improvement is reduced to a minimum, and some work is not carried out at all for several years, or even decades in a row. With the current state of land use, new owners and land users often violate the basics of agriculture, do not observe scientifically based crop rotations, violate the technology of soil cultivation, carry out uncontrolled introduction of toxic chemicals, etc., which leads to the deterioration of soil quality indicators (decreasing the content of humus, macro- and microelements, increasing soil acidity). . If we take into account that 1 cm of the humus horizon of the soil is formed in about 100 years, it takes a long time to restore the natural fertility of the soil.
Clause 39 of the Model Land Lease Agreement, approved by Resolution No. 220 of the Cabinet of Ministers of Ukraine dated March 3, 2004 (as amended), may include a requirement for the lessee to comply with the ecological safety of land use and preservation of soil fertility, compliance with state standards, norms and rules, respectively to Article 24 of the Law of Ukraine “On Land Leasing” and termination of the land lease agreement by terminating it in accordance with the requirements of Article 32 of the Law of Ukraine “On Land Leasing” in case of non-compliance with such requirements, in particular deterioration of the quality of the soil cover and other useful properties of the leased land plot or bringing in a state unsuitable for use as intended.
In the section “Conditions for the return of the land plot” of the Model Land Lease Agreement, the beginning of the second paragraph reads as follows: “The lessor, in case of deterioration of the useful properties of the leased land plot, associated with a change in its condition, has the right to compensation for damages in the amount determined parties”.
One of the main factors of land use control is the soil monitoring system on agricultural lands, which is carried out with the aim of timely detection of changes in the state of the soil, their assessment, prevention of the consequences of negative processes, development of scientifically based farming systems and agricultural technologies.
Soil monitoring on agricultural land is carried out, in particular, through agrochemical passporting of land plots with the provision of data in the form of an agrochemical passport, which indicates the initial and current data on the levels of nutrients in the soil and the levels of their contamination.
Pasportation of agricultural land can be used in the process of regulating the legal basis of land relations.
The subject of activity of the state institution “Institute of Soil Protection of Ukraine” is, in particular:
- implementation of soil monitoring on agricultural land for the purpose of collecting, analyzing and processing information on the quality of the soil and its erosion safety, soil contamination with heavy metals, radionuclides, residual amounts of pesticides and agrochemicals, and other toxic substances of man-made and natural origin;
- carrying out agrochemical certification to determine soil fertility indicators and the level of their contamination by toxic substances, as well as monitoring changes in these indicators as a result of economic activity;
- preparation and issuance of an agrochemical passport of a field, a plot of land with a conclusion on the fertility and ecological condition of the soil and recommendations on the implementation of measures aimed at increasing the fertility of the soil and preventing negative impacts, including anthropogenic ones.
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In order to control the lessor of agricultural land and to prevent deterioration of the quality characteristics of the soil