Land reclamation in the field of subsoil use in Ukraine: theoretical and legal analysis

The article is devoted to the study of the problems of the institute of reclamation of lands that were violated due to the extraction of minerals and geological study of the subsoil. The article analyzes the legal regulation of land reclamation in Ukraine and the reclamation of lands that have been violated as a result of mineral extraction and geological exploration of the subsoil, the ways of improving the legal regulation of the said institute are established. The article states that mining activity has significantly changed the surrounding natural environment, including some natural regions of Ukraine. It was established that mining and geological exploration of the subsoil caused significant changes in the geological environment of the country. It was found that one of the main factors of negative impact on the environment is the extremely high concentration of mining enterprises and the consequences of mineral extraction. It has been established that one of the necessary steps contributing to the improvement of the condition of lands that have been disturbed as a result of mining is land reclamation. The choice of the method and methods of reclamation of disturbed lands depends on the type of mineral, the method of its extraction, and the soil conditions of the region. It was found that the processes of reclamation of disturbed lands in the field of subsoil use are divided into: mining and biological stages. It is noted that the legal definition of reclamation of disturbed lands does not fully reflect the content of the said institution and its legal nature. The article defines the reclamation of lands disturbed as a result of mining operations and geological study of the subsoil and substantiates the expediency of supplementing the legislation with the specified concept. The article proposes: to supplement Chapter VI of the Law of Ukraine «On Land Protection» with the provision «land protection during the geological study of the subsoil and mining operations», to adopt the Law of Ukraine «On Land Reclamation», one of the sections of which should be a section devoted to «land reclamation during geological study of the subsoil and mining operations». It was concluded that the institute of reclamation of damaged lands is important for improving the condition of soils, as one of the important means of land protection. It has been proven that the reclaimed territories should constitute an optimally formed and ecologically balanced landscape area with mandatory landscape mapping.