On the content of legal protection of forestry lands

The article examines the current issues of legal support for the protection of forestry land in the context of the State Forest Management Strategy of Ukraine until 2035, approved by the Order of the Cabinet of Ministers of Ukraine dated December 29, 2021. Based on a systematic analysis of the general provisions of Section VI “Land Protection” of the Land Code of Ukraine, the author emphasizes that achieving the goal of land protection and realization of its objectives is possible only through mandatory regulations which should set out specific obligations of landowners. The content of protection should be consistent not only with the designated purpose of land, but also cover all categories of land in Ukraine without exception, taking into account the specifics inherent in the legal regime of a particular category. At the same time, it would be appropriate to systematize the provisions and requirements for land protection primarily at the level of the Land Code of Ukraine. Special attention is paid to the peculiarities of protection of forestry lands, the legal regime of which should be aimed primarily at ensuring the interests of protection of forests growing on these lands. Depending on the nature and specificity of the protection measures provided for by law, they can be classified as preventive, basic and protective. Based on a systematic analysis of the proposals made in the literature regarding the classification of legal measures for the protection of forestry lands, the author proves the need to distinguish within them comprehensive land protection measures which relate not only to the protection of these lands and forests, but also to the protection of lands of other categories within which forests are located. This conclusion follows from the content of Art. 55 of the Land Code of Ukraine, which allows, under certain conditions, forestry on lands of all categories. In particular, this refers to the lands occupied by independent forests located, for example, on agricultural lands, which are referred to in the law as self-forested lands. Attention is drawn to the expansion of the list of land plots subject to conservation, including through reforestation. These are degraded and unproductive lands that do not have steppe, meadow or forest vegetation cover; land plots contaminated with chemicals as a result of emergencies and/or armed aggression and hostilities during martial law, etc. In general, the proposed classification of land protection measures should ensure the fulfillment of the tasks of forestry land protection – conservation and reproduction of land resources, ecological value of natural and acquired qualities of land.