Ownership entails responsibilities: land use for designated purposes and soil conservation

Representatives of the UNBA discussed the risks of land use for purposes other than those intended and mechanisms for soil protection during a roundtable titled «Land, agrarian and environmental components of Ukraine’s sustainability and recovery: legal, public administration and economic dimensions».

The event took place on October 2, 2026, at the State Biotechnology University in Uzhhorod.

The chairman of the UNBA Committee on agricultural, land and environmental law Viktor Kobyliansky identified the most serious consequence of land use for purposes other than those designated as the compulsory termination of rights to the land parcel, citing Article 143 of the Land Code.

The advocate cited disputes in which prosecutors argue that land belongs to the water fund or is designated for forestry purposes based on the presence of water or trees. He objected to determining land use solely based on such criteria: as he explained, it must be determined by an authorized body and recorded in land management documentation in accordance with the land category.

Regarding changes to land use designation, V. Kobyliansky drew attention to information about functional zones: according to him, until they are entered into the State Land Cadastre, changes are made through land-use planning projects. Describing this procedure, he explained that the developed project is submitted to the local council for approval, after which the changes are entered into the cadastre.

Before commissioning a project, the advocate advised reviewing the urban planning documentation: whether it exists, whether it has been properly approved, whether functional zones have been defined, and whether the planned change complies with them. He also recommended consulting with the council in advance, since paying for the project’s development does not guarantee its approval.

V. Kobyliansky emphasized that both property ownership and land use entail, first and foremost, the obligation to ensure the land is used for its intended purpose.

The principle that «property entails obligations» was also addressed by the deputy chairman of the Committee Sofia Shutyak. Discussing soil protection, she noted that a single law alone will not change the situation: it must be enforced, and a comprehensive mechanism must be in place to protect the soil. She linked the start of soil protection to spatial planning, drawing attention to the functions of land as an ecosystem.

As an example, the advocate cited the development of settlements around large cities, during which areas designated for rainwater runoff are often overlooked. According to her, such areas could also partially purify stormwater runoff and the air and improve the condition of neighboring soils.

To implement requirements for preserving soil quality, the attorney said, monitoring and control systems are needed, as well as knowledge of what constitutes high-quality soil.