LAND AS AN OBJECT OF LAW: GENERAL THEORETICAL AND LEGAL CHARACTERISTICS
Authors:   Kherson State University, Havlovska Alina , Malgorzata Ewelina Szymanska ,   Maria Curie-Sklodowska University, Dehtiarenko Mariia ,   Maria Curie-Sklodowska University
Published: February 2023

The article reveals the relevance of the research topic, taking into account such factors that affect the mechanism of legal regulation of land relations, such as the composition of Ukrainian lands, the full-scale invasion of the Russian Federation on the territory of Ukraine, the influence of the object of land relations on their occurrence. We emphasize that the full-scale invasion of the Russian Federation on the territory of Ukraine, including had a negative impact on the regulation of land relations in general and the legal regime of certain categories of land (in particular, temporarily occupied territories, land contaminated by chemical substances from explosions, oil products, unexploded ammunition and mines, etc.), which in turn also requires thorough scientific research of land legal relations and their separate elements, in particular the object of land relations. The study of the general theoretical and legal characteristics of land as an object of law is based on philosophical and general legal approaches to understanding the concepts of "object", "object of law" and "object of legal relations", the theory of legal schools, legal traditions of land law, normative and legal approaches of individual countries of the post-Soviet space. It is emphasized that the land belongs to the category of "general object of land relations" regardless of its purpose, category and form of ownership. It is substantiated that land is a component and product of nature; property with a special legal status; universal, complex, valuable, immovable and space-limited object of production; the basic space for the functioning of the state and people's lives. Land acts as an element of ecological, social and economic component of social relations. Such specific features of land as an object of legal relations determine a special regime of its legal regulation. It is emphasized that land as an object of legal relations is often considered as a complex legal phenomenon, which includes such elements as "land plot" and "individually determined land share (share)". Land legislative practice is distinguished by the division of land into separate categories depending on the characteristic features and properties of each category. This division of land into categories depending on geological and climatic conditions is noted in the legislation of a number of countries (for example, Ukraine, Uzbekistan, Georgia, etc.) and forms special legal regimes for each category. It was noted that the prospects for further exploration in this direction are the following aspects: determination of the legal status of the lands that are under the temporary occupation of the Russian Federation; change of land category due to contamination by chemical substances from explosions, oil products, unexploded ordnance and land mining; holding the Russian Federation and its representatives accountable for ecocrimes and compensating material damages caused to the environment and land owners; formation and implementation of soil restoration programs, etc.