Еволюція законодавства про використання та охорону земель енергетики

The article examines the retrospective and current state of the legislation regulating the legal regime of energy lands in Ukraine. In the crisis conditions of the constant rapid restoration of the energy system of the country, which suffers as a result of military actions, there is a need to optimize the legal support for the use of lands for energy purposes. For a qualitative scientific assessment of the current state of the legal regime of energy lands, it is important to identify the evolutionary formation of legislation in this area. It is proven that the legislative support for the use and protection of energy lands in Ukraine during the period of independence went through four consecutive stages, namely: 1) the stage of formation (1990–2001), which was characterized by the limitedness and conservatism of regulatory and legal regulation, a low level of environmental protection; 2) the stage of development of general legal regulation (2001–2010), which was characterized by: registration of energy system lands as a separate component of the category of industrial, transport, communication and other land; liberalization of property relations; special attention to compliance with the legal regime of protected areas of electrical networks; 3) the stage of development of special legal regulation (2010–2017), which was characterized by the development of a special law; greening of the legal regime of energy lands; regulatory registration of energy as a sphere of public needs that may require the redemption and forced alienation of land plots; 4) the stage of transformation (2018 - present), the main feature of which is the introduction of unsystematic changes to the legislation, dictated by the needs to eliminate practical problems. Too long a stay at the transformation stage of legislative development can inhibit the normal evolution of the legal regime of energy lands, since the rulemaking of this stage does not provide a conceptual update and comprehensive adaptation of legislation to the latest conditions. The impact of the «green» tariff, designed to stimulate alternative energy, on the active development of special legal regulation of the use and protection of energy lands is substantiated.