土地利用管理:保护基本国民财富的问题

L. Novakovskyi, Т. Ievsiukov, I. Novakovska
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引用次数: 0

摘要

乌克兰人民在1991年12月1日举行的全民公决中,以90.3%的选票支持《乌克兰独立宣言》,确认了《乌克兰国家主权宣言》所规定的土地权利。根据乌克兰宪法,土地被认定为国家的主要财富,受到国家的特别保护。乌克兰土地资源国家委员会成立于1992年,它直接隶属于部长内阁,并由上述中央执行机构执行土地关系领域的国家政策。从2000年开始,国家委员会转变为国家机构,2008年重组为国家委员会,然后恢复其原来的名称,并于2014年转变为乌克兰国家大地测量、制图和地籍服务(国家地理地籍)。对于后者来说,在地理空间数据基础设施、地形、大地测量和制图活动领域执行国家政策的权力,而不是在土地关系领域执行国家政策的权力,变得至关重要。土地关系是有关土地占有、使用和处置的公共关系。它们由一个独立的法律部门——土地部门代表,属于它的剖面部门。这个部门与调节初级社会关系的基本法律部门直接相关。地形、大地测量和制图活动,国家基础设施的地理空间数据领域不属于土地关系。17年来,国家机构的活动一直由五个部委指导和协调。在土地关系领域执行国家政策已成为第二主体的次要任务。本研究的目的是分析公共权力对国家土地政策形成和实施的转变过程,其对国家土地利用的影响,以及维护国家主要财富的方向和方式的合理性。认为土地利用和保护管理领域的不完善以及农业用地租赁模式的不完善,剥夺了在生产中引入土壤保护技术的经济动力,导致大部分土壤覆盖处于危机前状态。在农业生态系统中,腐殖质、氮、磷、钾已形成稳定的负平衡。这被认为是消除环境领域挑战和威胁的紧急综合计划,国家安全和国防委员会于2021年3月就此问题通过了一项决定。本文着重借鉴国家对土地利用的管制,提出了完善土地管制内容和程序的思路,并提出了加强国家在完善土地管理制度中的作用的途径
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Land use management: problems of protection of basic national wealth
The Ukrainian people, with the votes of 90.3% of those who took part in the All-Ukrainian referendum on December 1, 1991 in support of the Declaration of Independence of Ukraine, confirmed their right to land established by the Declaration of State Sovereignty of Ukraine. According to the Constitution of Ukraine, land is recognized as the main national wealth, which is under special protection of the state. The State Committee of Ukraine for Land Resources was established in 1992 of , which was directly subordinated to the Cabinet of Ministers and implemented the state policy in the field of land relations was carried out by the said central executive body.Beginning in 2000, the State Committee was transformed into the State Agency, which in 2008 was reorganized into the State Committee, then returned to its previous name, and in 2014 was transformed into the State Service of Ukraine for Geodesy, Cartography and Cadastre (State Geocadastre). For the latter body, the powers to implement state policy in the field of geospatial data infrastructure, topographic, geodetic and cartographic activities instead of implementing state policy in the field of land relations became decisive. Land relations are public relations concerning the possession, use and disposal of land. They are represented by a separate branch of law - land, which belongs to its profiling branches. This branch exists in direct connection with the basic (fundamental) branches of law that regulate primary social relations. Topographic, geodetic and cartographic activities, the sphere of national infrastructure of geospatial data do not belong to land relations. The activities of the State Agency have been directed and coordinated by five Ministries for 17 years. The implementation of state policy in the field of land relations has become a secondary task for the second body. The purpose of the studyis to analyze the process of transformation of public authorities on the formation and implementation of state land policy, its impact on land use in the state and justification of directions and ways to preserve the main national wealth. It is established that imperfection in the field of land use and protection management and the lease model of agricultural land use have deprived the economic motivation to introduce soil protection technologies in production, due to which most of the soil cover is in pre-crisis condition. A stable negative balance of humus, nitrogen, phosphorus, and potassium has been formed in agroecosystems. That was recognized as an urgent comprehensive program to neutralize challenges and threats in the environmental sphere, the National Security and Defense Council adopted a decision on this issue in March 2021.The paper focuses on the reference to state control of land use, supports the idea of improving the content of land monitoring and the procedure for its conduct, suggests ways to increase the role of state bodies in improving the land management system
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