CONCEPTUAL FRAMEWORK FOR ADMINISTRATIVE AND LEGAL PROTECTION OF LAND AROUND MILITARY FACILITIES

The author examines the regulatory and doctrinal concepts of “land” and “land relations” as objects of legal protection, “legal protection”, “administrative and legal protection”, “administrative and legal protection of land”, and also identifies the composition of public administration entities in the field of land relations. The author examines the concepts of “military unit”, “military facility” and adjacent land, taking into account the restrictions on the rights to the said land. The author distinguishes the concept of “administrative and legal protection of land around military facilities” and reveals its essence and content. Analyzing the provisions of current legislation, the author emphasizes the need for the State to revise the regulatory framework for establishing restrictions on the rights to land plots (land) around military facilities, the powers of public administration entities in this area, and the procedure for bringing perpetrators to administrative liability. Introduction. The Basic Law of Ukraine proclaims that land is an object of property rights of the Ukrainian people, on behalf of which the rights of the owner are exercised by state authorities and local self-government bodies. Property should not be used to the detriment of a person and society. The state ensures the protection of the rights of all subjects of property and economic activity [1]. When quoting the above provisions of the Constitution of Ukraine, it is necessary to focus on the activities of public authorities, or public administration, which include the legislative, executive and judicial branches of government, on whose decisions the functioning of the state depends, including the observance of law and order in the field of land relations. Land is the basis of all living things, the main natural object, the basis for economic activity and production, and the material and spatial foundation of the state, the protection and defense of which is the main task of the state. In accordance with the provisions of the Land Code of Ukraine [2], the Law of Ukraine “On the Use of Defense Land” [32], as well as other legal acts, defense land is designated for the deployment and permanent operation of military units, institutions, military educational institutions, enterprises and organizations of the Armed Forces of Ukraine and other military formations established in accordance with the legislation of Ukraine. The laws provide for the establishment of legal restrictions on the use of land around military units, institutions, organizations and other facilities, the purpose of which is to ensure the protection of military facilities, their proper and safe operation, prevention of possible negative impact on nearby civilian and other facilities, and the use of military property that may pose a potential environmental or man-made hazard to civilians, economic facilities, the environment, etc. Ensuring the fulfillment of tasks related to the protection of land around military installations depends on the practical activities of the responsible public administration bodies, namely regulatory, security and protective.