On the issue of compulsory termination of rights to land plots
Authors: Lisova Tetiana 
Published: July 2024

Problem setting. In the context of the crisis in land resources, it is extremely important to ensure that land owners and users fulfil their obligations under land legislation in the area of land protection and restoration. Unfortunately, the ongoing trend towards deterioration of land condition, which is a consequence of ignoring soil protection measures, implementation of soil protection technologies, including bio-fertilisers, maintaining the optimal ratio of land, and timely crop rotation, continues to this day. The most threatening characteristics of the current state of land are degradation and its extreme degree of desertification. According to soil experts, the main cause of soil degradation is the loss of humus and nutrients. Other hazardous phenomena, such as soil acidification, water erosion, salinisation and salinity, etc., are also increasing in most parts of the country. Failure by an entity to fulfil its obligations to restore the quality under the Land Code of Ukraine is grounds for the forced termination of its rights to a land plot in the event of failure to eliminate the violations of the law, which requires a separate study. Analysis of recent researches and publications. We can note the imperfection of current legislation and the insufficiency of legal doctrine in the context of compulsory termination of rights to land plots. In the doctrinal works of national scholars, in particular, I. I. Karakash, P. F. Kulinich, T. E. Kharytonova, the issues of compulsory termination of rights to land plots are considered superficially, although they contain a certain analysis of the relevant legal relations. Purpose of the research is to analyse the grounds and procedure for compulsory termination of rights to land plots and developing scientifically based recommendations for amending the current land legislation on legal regulation of land relations arising in this area. Article’s main body. The author examines the problems of legislative support in the area of compulsory termination of rights to land plots. The article emphasises the imperfection of current legislation and the insufficiency of legal doctrine in the context of compulsory termination of rights to land plots. The author focuses on the specifics of certain grounds for compulsory termination of the right to use a land plot. The author examines the shortcomings of legal support for the fulfilment of obligations of land users to restore soil fertility and other useful properties of land. The author proposes to introduce appropriate amendments to the land legislation to improve the system of land users’ obligations. It is emphasised that failure of a land user to eliminate the committed violations of the law within the established time limit is a ground for compulsory termination of his/her rights to a land plot. The author analyses the procedure for compulsory termination of rights to land plots. The author emphasises the absence in the legislation of a clear delineation of powers of entities exercising state control over the use and protection of land and state inspectors for environmental protection in case of detection of violations of land legislation. Conclusions and prospects for the development. The study of the current legal issues of compulsory termination of rights to land plots leads to the conclusion that the legislation should clearly delineate the powers of the entities exercising state control over the use and protection of land and the state environmental inspectors in case they detect violations of land legislation. Therefore, in order to avoid duplication of powers of the above bodies in the field of state control, which is extremely important, since failure to eliminate violations of land legislation within the established time limits is a ground for termination of the right to use a land plot, it is advisable to attribute to the powers of the State Service of Ukraine for Geodesy, Cartography and Cadastre (StateGeoCadastre) and its territorial bodies the establishment of cases of use of land plots for other purposes, and to the powers of the State Environmental Inspectorate of Ukraine. Issues arising in the area of compulsory termination of rights to land plots will continue to be the subject of scientific research and discussion and will require improvement of legal support in this area.