Використання земель рекреаційного призначення в Україні: правові проблеми

The article is devoted to the analysis of legal problems of recreational land use in Ukraine, which have become particularly relevant in the context of martial law. Attention is focused on key challenges, in particular, the physical destruction and degradation of recreational areas as a result of hostilities, illegal use, loss of economic attractiveness for investors, lack of a strategic plan for their restoration, etc. The key legal aspects of regulating the use of these lands were studied, in particular the norms of the Land Code of Ukraine, the Laws of Ukraine «On Environmental Protection», «On Land Management» and other legislative acts. It was noted that the legislation does not contain clear criteria for classifying lands as recreational, which creates difficulties in law enforcement and may contribute to their misuse. Special attention is paid to the issues of ownership of recreational lands, as well as the possibility of their use on the basis of the right of general and special land use. It is noted that the vast majority of land plots and recreational facilities of natural origin located on them are objects of public property. However, the possibility of recreational land plots being in private ownership is not excluded. The specifics of classifying lands as recreational and changing their intended purpose are analyzed. It is noted that the legal regime of recreational lands may arise on the basis of decisions of the relevant executive authorities and local governments that manage them, as well as land management documentation. It was concluded that resolving the issues of developing clear criteria for determining recreational lands, granting and changing their purpose, combating corruption, and creating mechanisms for restoring destroyed territories are key areas for improving the legal regulation of their use. Developing a comprehensive strategy for legislative changes and implementing effective mechanisms for controlling the use of recreational territories will contribute to the preservation and sustainable development of recreational lands in the future.