Soil as the subject of legal protection according to the Constitution of Ukraine Cover Image

Ґрунти як об’єкт правової охорони за Конституцією України
Soil as the subject of legal protection according to the Constitution of Ukraine

Author(s): O. Rodik
Subject(s): Law, Constitution, Jurisprudence
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: soil; fertile; soil cover; legal protection of soils; soil as a subject of Law; basic national wealth; legal regime; constitutional provisions;

Summary/Abstract: The article studies the notion of soil as the subject of legal protection via the constitutional conceptof legal regime of the basic national wealth.The articles of the Basic Law reveal «soil» not only as an earth cover but as a cover with fertilesoil, which produces revenues. It is highlighted that the revenue received due to the fertility of soil hasto return into agriculture in the form of actions which can stimulate effectiveness of usage, reproductionand protection. The importance of soil cover from economical point of view is defined. The productivity ofsoil cover determines the economical side of the issue. It is reasonable to differentiate between the terms«soils» and «soil». We also reveal the notions «basic», «national», «wealth». We prove that soil cover hasa number of peculiarities for legal regime of basic national wealth.We come to conclusion that the realization of constitutional provisions and norms of soil legislationespecially in regard of legal soil protection needs revision if it concerns the definition of the term soils asthe subject of legal protection according to the Constitution of Ukraine. We suggest introducing the term«soils» after the word «earth» in article 13 of the Basic Law. It is necessary to develop and pass the lawon soil protection regarding it as a basic national wealth of Ukrainian people taking into considerationthe main economical (productive) function of soils as means of production in agriculture and forestry

  • Issue Year: 2016
  • Issue No: 135
  • Page Range: 104-112
  • Page Count: 9
  • Language: Ukrainian