Published in Scientific Papers. Series E. Land Reclamation, Earth Observation & Surveying, Environmental Engineering, Vol. IX
Written by Euvghenia KRYVOVIAZ, Ivan OPENKO, Ruslan TYKHENKO, Oleksandr SHEVCHENKO, Olga TYKHENKO, Oleg TSVYAKH, Oleksandr CHUMACHENKO
The article justifies theoretically-methodological principles of economic mechanism to ensure environmental security of land-use, based on use of economic methods and levers and their interaction with the legal framework. The aim of the paper is a clear definition of damage, caused to the state due to non-compliance of norms of sustainable land management. The main tasks are to develop economic instruments of determination of sanctions for violation of norms of sustainable land management. The State and the territorial communities are losing considerable resources from nonpayment of land fees at various levels, through unauthorized and misappropriation of land, degradation of the quality of the fertile soil, etc. Inappropriate use of land plot violates the principle of the targeted use of land and causes losses, which are defined as, firstly, the loss of income that a person might have earned from the use of the land and, secondly, the improper generation of additional income from unauthorized actual use of the land; that doesn’t meet its target. Compensation for damages caused by a violation of the land law does not relieve the offender(s) of the need to compensate real damages, i.e., to carry out, at his own expense, measures to eliminate the consequences of the violations in the shortest period of time, Including demolition of buildings, houses and structures, as well as site restoration. Such principles of land law should be taken into account when justifying the harm caused by the diversion of land, as priority of agricultural land use; purpose-oriented land use; stability of land use; principle of rational land use. The basis for determining the amount of damage caused by the inappropriate use of land is the sum of relevant loss of the normative average annual income from the targeted use of land and the excess annual average income from actual functional use of land, which does not meet its target.
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