The Law of Ukraine
On Land Reclamation
Date of Entry into Force:
February 16, 2000
The Law determines the fundamentals for legal regulation of public relations arising in the process of conducting land reclamation, usage of reclamated lands and reclamation systems.
Depending on the directivity of conducted reclamation measures the following basic types of land reclamation are defined:
- hydrotechnical (conducting a complex of measures aimed at ensuring improvement of lands with the unfavorable water regime (overmoistened, overdrained, etc.), regulation of water regime by creating special hydrotechnical constructions);
- culture technical (conducting land surface ordering and its preparation for agricultural needs. With this purpose such measures as eradication of trees and bushes, clearing from stones, surface leveling, and other are held);
- chemical (holding a complex of measures aimed at the improvement of physical chemical and physical soil properties, their chemical composition. Chemical reclamation includes land plastering, liming and phosphorising);
- agrotechnical (holding a complex of measures directed at increasing capacity and improving agrophysical properties of root-containing layer of soils);
- agro forestry and technical (conducting a complex of measures aimed at ensuring radical land improvement by using soil-protective, drain-regulating and other properties of protective afforestation).
The ownership right to engineering infrastructure of reclamation systems and its separate objects may belong to the state, territorial communities of villages, inhabited localities and cities, legal entities and citizens taking into account restrictions envisaged by the laws of Ukraine.
The ownership right to engineering infrastructure of state reclamation systems and its separate objects may belongs exclusively to the state. The list of state melioration systems is approved by the Verkhovna Rada of Ukraine upon submission of the Cabinet of Ministers of Ukraine. The objects of engineering infrastructure of inter-economic reclamation systems may be in state or communal ownership.
The Law contains the list of authorities of:
- bodies of executive power (the Cabinet of Ministers of Ukraine, central body of executive power on environmental protection, the Council of Ministers of the Autonomous Republic of Crimea, oblast and district state administrations, specially authorized central body of executive power on water economy and land reclamation) on regulating relations in the field of land reclamation;
- bodies of local self-government and their executive bodies (oblast and district councils, village, inhabited localities, city councils and their executive bodies) on regulating relations in the field of land reclamation.
Organizational legal basis for conducting land reclamation shall be scientifically grounded land reclamation programs and commercial agreements concluded according to the legislation. The procedure for working out and approving state special purpose and local land reclamation programs is determined by the Cabinet of Ministers of Ukraine. The interstate land reclamation programs are worked out, approved and realized according to the procedure set by the respective international agreements of Ukraine. Working out and approval of state special purpose, interstate and local land reclamation programs is conducted following from the need of preserving natural ecosystems, first of all, those having international significance.
Reclamation systems and separate objects of engineering infrastructure, which building (reconstruction) has been completed shall be put into operation according to the procedure set by the Cabinet of Ministers of Ukraine.
Seizure (redemption) and granting lands for reclamation needs is conducted according to the Land Code of Ukraine. After completing building (reconstruction) of reclamation systems and some objects of engineering infrastructure the lands concerned shall be subject to recultivation and transfer to land users, land owners in the appropriate for use state.
Users and owners of reclamated lands bear responsibility for the state of their use and monitoring of natural environment in the influence zone of melioration system according to the legislation until termination of the right to ownership or use of reclamated lands. Restrictions and encumbrances in the use of reclamated and adjoining lands shall be conducted according to the procedure set by the Land Code of Ukraine.
The state control over the adherence to the rules of exploitation of reclamated systems and use of reclamated lands shall be conducted within their authorities by the central bodies of executive power and their local bodies, local state administrations and executive bodies of village, inhabited localities and city councils.
Expenses for projecting, building (reconstruction) and exploitation of reclamation systems and some objects of engineering infrastructure are financed at the expense of funds of state and local budgets.
Disputes arising in the field of land reclamation shall be settled according to the procedure envisaged by the legislation of Ukraine.