Prospects for legal regulation of the mechanism for restoring ownership and use of land plots after demining in the post-war perspective
The article is devoted to the the legal aspects of restoration of ownership and use of land plots after their demining in the context of post-war reconstruction of Ukraine. Given the large-scale territorial losses caused by land mines as a result of the Russian-Ukrainian war, the issue of legal regulation of land rehabilitation is of particular importance. The author examines the relationship between mine action and guarantees of real rights to land, including the legal qualification of temporary restrictions on access to land plots in the context of ensuring public safety. The author outlines the peculiarities of restoration of land ownership after completion of demining, and also points out the problems of compensation for damages caused by military actions within the framework of the land restitution mechanism. The article analyzes international legal acts regulating humanitarian land demining and environmental safety. The author also examines the mandatory norms of international law that oblige Ukraine to take systematic measures to clear territories of mines and explosive devices, ensure restitution of the rights of landowners and develop mechanisms for compensation for the damage caused. The article examines the regulatory gaps that cause legal uncertainty in the reintegration of land after demining, as well as the prospects for improving the legal regulation in line with international standards. It is necessary to establish a special legal regime for temporarily withdrawn land and introduce an effective administrative procedure for registering restored rights. The author identifies the need to integrate legal guarantees for landowners and land users in the demining process. It is concluded that restoration of ownership and use of land plots after demining requires the development of a comprehensive regulatory mechanism which will provide for procedural aspects of restitution of property rights to land plots after demining, compensation measures for damages to land owners, and land users, and harmonization of national land legislation with international legal standards.
Authors
- N.V. Ilkiv (ORCID: https://orcid.org/0000-0002-3182-8391)
- V. M. Aftanasiv
Institutions
- Human Growth Foundation (US)
Publication Details
- Journal
- Analytical and Comparative Jurisprudence
- Published
- 2025-07-04
- DOI
- https://doi.org/10.24144/2788-6018.2025.03.2.2
- Primary Topic
- Land Use and Management
- Type
- article
- Field-Weighted Citation Impact
- 0.00