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DEVELOPMENT OF LAND LEGISLATION IN UKRAINE UNDER CLIMATE CHANGE

Liudmyla Golovko

Abstract

The article examines current trends in the development of land legislation in Ukraine under the conditions of climate change, the legal regime of martial law, and the challenges of post-war recovery. It is substantiated that the traditional model of land law regulation, primarily focused on the economic function of land as a means of production, is no longer sufficient in the context of increasing climate risks, soil degradation, disruption of ecosystem balance, and the large-scale impact of war on the land fund. It is established that the modern transformation of land legislation should be directed towards its environmentalization, climate adaptation, and alignment with European approaches to sustainable land use. The main scientific contribution of the article is to substantiate the need to transition to an ecosystem-oriented model of land legal regulation with the integration of climate goals and mechanisms for the legal rehabilitation of lands damaged as a result of military actions. The methodological framework of the study includes formal-legal, systemic, comparative-legal, empirical, and prognostic methods. The empirical basis of the study was formed on the basis of official statistical data on soil degradation, greenhouse gas emissions, the impact of military actions on land resources, as well as analytical materials from international organizations and government bodies of Ukraine. Based on the analysis of national legislation, European Union legal acts, as well as official statistical and analytical materials, it is determined that the current land legislation of Ukraine only partially addresses climate challenges and the consequences of war-induced land degradation. Particular attention is paid to rethinking the concept of rational land use, the need for normative consolidation of the ecosystem-based approach in land law, and the formation of legal foundations for “green” post-war recovery. It is concluded that the further development of land legislation in Ukraine should be based on the integration of climate objectives into land policy, the implementation of legal mechanisms for the rehabilitation of damaged lands, the strengthening of soil protection, and harmonization with EU law. In particular, it is proposed to develop a special law on the restoration of degraded and damaged lands, introduce mandatory monitoring of "soil health", regulate agroforestry reclamation, conserve low-yield lands, and implement climate-smart land use tools. The practical significance of the results lies in the possibility of their use for improving land policy, preparing regulatory acts, and ensuring effective post-war restoration of agricultural landscapes. It is proven that such an approach is capable of ensuring a balance between food security, environmental sustainability, and the fulfillment of international and European integration obligations of the state.

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