Legal aspects of non-exhaustive use of land

Abstract

The problem of the non-exhaustive use of land, the restoration of their qualitative indicators, the reproduction of natural resources in one way or another were considered in the writings of scientists, but 

the essence and understanding of the concept of non-exhaustive use of land was not analyzed. The article emphasizes that current land and environmental legislation widely uses the phrase “non-exhaustive use”, but its legal content is not disclosed at all. In addition, the term “non-exhaustive use” is used in national legislation without filling it with any content.

 The article emphasizes that the term “exhausting use” is associated with such categories as: reduction of quantitative and qualitative indicators in the use of land and other natural resources, reduction of land productivity, loss of soil fertility, land use in a way that impairs their natural quality, etc. Thus, “non-exhaustive use” should be aimed primarily at the preservation and restoration of both land and other natural resources.

 The article is devoted to the research of topical issues concerning the definition of the non-exhaustive use of land and the peculiarities of such use. The article defines the need for legislative consolidation of such concepts as “non-exhaustive use”, “rational use”, “restoration”, “reproduction”, which leads to the emergence of legal gaps in the mechanism of regulation of land relations. The author of the article emphasizes that non-exhaustive use of land is a use which is connected, first of all, with the preservation of a qualitative state of land. Non-exhaustive use of land resources provides sustainable agricultural production, forestry and soil productivity.

 It is proposed to consider non-exhaustive use of land as a use (mode of use), which preserves the qualitative properties of land and qualitative and quantitative indicators of other natural resources, inextricably linked with the land.