MOE-Fellowship: Nataliia Kysylytsia

Termination of the land lease as a result of non-compliance with the principles of sustainable use of land resources

The research is conducted with the aim of establishing possible grounds for the termination of land use, which violates the principle of sustainable land use.

The application of the preventive function for sustainable land use is crucial because it allows you to prevent a negative impact on the land plot with a long-term effect. Therefore, we consider it necessary to provide in the legislation of Ukraine a mechanism for preventing negative impact on land plots. It is suggested for the effective legal regulation of sustainable land use to establish ensure a clear division of powers between various land use subjects. Owners of land plots must adhere to the principle „ownership obliges“ and take measures to preserve land resources, including monitoring the actions of land users (tenants), tenants must carry out economic activities within the limits of the purpose of the land plot, rationally using land resources by the territorial spatial planning. State authorities and local self-government bodies must monitor and control the preservation of land resources, including land plots that are owned, and respond not only in case of violations of land legislation but also prevent negative activities of individuals and legal entities at the stage when no significant damage has been done to the plot of land yet. In addition, it is proposed to enshrine at the legal level the possibility of terminating land use due to non-compliance with the principle of sustainable development (rational land use, land use according to the target purpose, and territorial and spatial planning). Pay our attention to the possibility of using the mechanism known in German law as a „judicial injunction“, a negatory action by the legislation of Ukraine, thanks to which the lessor can terminate contractual relations not only in the presence of a violated right but also to prevent such a violation.

AZ: 30022/026

Zeitraum

01.09.2022 - 31.08.2023

Land

Sonderprogramm Ukraine

Institut

Universität Greifswald Institut für Energie-, Umwelt- und Seerecht (IfEUS) Vorsitzende des Wiss. Beirates der Bundesregierung Globale Umweltveränderungen

Betreuer

Prof. Dr. Sabine Schlacke