Forestry lands as an object of law enforcement
Authors: Korsun-Tsurkan Olesia 
Published: July 2024

Problem setting. The relevance of the topic is stipulated by the need to study the current issues of law enforcement practice which are being formed in connection with the novelisation of legislation regulating relations regarding the use, protection and restoration of forestry land. It is well known that decisions of higher courts play an important role in ensuring the unity of law enforcement practice and strengthening the rule of law in the field of land relations. They contain legal positions on the application of national land legislation and are in fact the sources of land law. Analysis of recent researches and publications. Legal regulation in the field of use, protection and restoration of forestry lands, as well as ensuring the protection of the rights of the State, territorial communities, individuals and legal entities, has been studied by representatives of the national land law science, including: P.F. Kulinich, A.M. Miroshnychenko, T.V. Lisova, V.I. Gordeev, S.V. Sharapova, M.V. Shulga, V.I. Fedorovych, etc. Purpose of the research is to provide a legal analysis of the Supreme Court’s decisions in terms of protection of land rights of the State, territorial communities, individuals and legal entities from the perspective of land law science, and also to provide practical suggestions for optimal, expedient and scientifically sound improvement of current land legislation. Article’s main body. The author focuses on the legislative aspects related to the procedure for changing the designated purpose of forestry land plots and other forested areas, which should ensure the preservation of not only land but also forests; simplification of the forestry procedure; prohibition of forestry in the steppe areas, introduction of mechanisms for preserving self-sown forests with further forestry in the respective territories, etc. Based on a systematic analysis of the legislative provisions defining the legal regime of forestry land, the author concludes that the territorial bodies of the StateGeoCadastre of Ukraine have the right to dispose of state-owned agricultural land only on behalf of the State; the withdrawal of state-owned forestry land for non-forestry purposes was within the exclusive powers of the Cabinet of Ministers of Ukraine (Article 149 of the Land Code of Ukraine in the version in force until 27 May 2021). In addition, such withdrawal required the consent of the relevant land users. The author emphasises that public interest is inherent in land legal relations related to the withdrawal of forestry land from state ownership by a court decision. At the same time, the unlawfulness of the decision of the authorised executive body on the basis of which the forestry land plot was withdrawn from state ownership did not meet this public interest. Therefore, the reclamation of the disputed forestry land plots by court decision was carried out on legal grounds, as it was carried out in accordance with legal principles in connection with the violation by the state authority of a number of requirements of the Land Code of Ukraine. It is emphasised that the return of forestry land plots to state ownership, if they were illegally alienated to individuals by an executive body, pursues the goal of controlling the use and protection of land plots in accordance with the public interest. From the perspective of proper application of land law, special attention is paid to the Supreme Court’s ruling on invalidation of orders of the authorised body and return of land plots. The ruling is motivated by the fact that in cancelling the decision of the court of first instance and dismissing the claim, the Court of Appeal reasonably concluded that the disputed land plot was located outside the forestry land. Taking into account the content of the ‘Final Provisions’ of the Forest Code of Ukraine, which stipulates that prior to state registration, but not later than 1 January 2027, state and municipal enterprises shall confirm their right to permanent use of land plots granted to them for permanent use before the entry into force of the Land Code of Ukraine, such right shall be confirmed by planning and cartographic materials, which, in particular, include a forest management plan. Conclusions and prospects for the development. The legal position of the Supreme Court suggests that the legal regime of forestry land plots is determined by the norms of land and forestry legislation in accordance with their designated purpose according to the State Land Cadastre. The right of forestry enterprises is confirmed by state acts for the right of permanent use of forest land or planning and cartographic materials of forest management. The study and analysis of court practice of application of land legislation by courts in the process of resolving land disputes arising from forestry land demonstrates the importance of correct interpretation of these norms by law enforcement agencies, including courts.