Scholarly record

DEFINITION AND LEGAL REGIME OF PROTECTION ZONES OF LANDS OF COMMUNICATIONS UNDER THE UKRAINIAN LEGISLATION

A. Slepchenko, T. Sharaievska

Abstract

The article is devoted to current problems of the legal regime of protection zones of land of communications in Ukraine. Land of communications is part of the lands of industry, transportation, communications, power supply, defense and for other purposes, as one of the nine categories, in which all lands of Ukraine are divided depending on their intended purpose. According to Article 75 of the Land Code of Ukraine, land of communications are used for construction of aerial and cable telephone and telegraph lines and satellite communications. The article contains an analysis of legal doctrine, according to which the primary elements of the legal regime of lands of communications are establishment of forms of ownership of this land category, definition of legal forms of its use, mechanism of management of these lands, as well as the features of their legal protection. One of these elements is a possibility to establish protection zones along and/or around the lands of communications in cases and in the manner prescribed by the Land Code and other regulatory legal acts of Ukraine. Protection zones are territories with special conditions of use, that are adjacent to the lands of communications and set various types of restrictions on the rights of land users and land owners. The legal regime of protection zones is subject to the regime of land use, but not identical to the latter. The authors focus on environmental and legal nature of protection zones, since the need to establish such zones exists due to the fact that most of the objects located on the lands of communications, for example, radiation facilities of television stations and radio relay lines, may be sources of dangerous electromagnetic impact on the environment and human health, i.e. the sources of environmental hazard. At the same time, such zones are necessary in order to ensure reliable operation of the relevant objects, their protection against possible damage. The current legislation regulating the procedure for establishment of protection zones, their purpose, features, specific content of their legal regime depending on the types of communication objects is analyzed. It is concluded that legal norms regulating the legal regime of protection zones of lands of communications belong to different branches of law, namely land, environmental, business, civil, administrative law. Accordingly, the legal regime of these zones is a complex inter-sectoral legal phenomenon, which is subject to further study, while its regulatory framework is subject to for improvement.

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