PUBLIC ADMINISTRATION ENTITIES RESPONSIBLE FOR LAND PROTECTION WITHIN SPECIAL ZONES OF MILITARY FACILITIES

Abstract

Entry. The article provides a comprehensive analysis of the system of public administration entities authorized to ensure land protection within special zones of military facilities. It is established that this system has a multilevel, functionally differentiated, and interagency structure formed at the intersection of administrative, land, cadastral, land management, urban planning, environmental, and defense legislation. It is proved that land protection within special zones of military facilities is implemented not only through the establishment of substantive legal restrictions on land use, but also through the organizational and legal activity of authorized public administration entities aimed at initiating, approving, documenting, cadastral recording, monitoring, terminating violations of the established regime, and ensuring the public interest in the field of national security and defense.

Purpose. The purpose of the article is to define the system of public administration entities responsible for land protection within special zones of military facilities, to clarify the content of their competence, functional purpose, and place within the general administrative and legal mechanism for ensuring the regime of use of the relevant lands, and to formulate proposals for improving the current legislation of Ukraine in this field.

Materials and Methods. The methodological basis of the study consists of general scientific and special legal methods, in particular formal legal, systemic-structural, functional, logical-dogmatic, and comparative legal methods. The regulatory basis includes the Constitution of Ukraine, the Land Code of Ukraine, the laws of Ukraine in the fields of defense land use, the State Land Cadastre, land management, administrative procedure, geospatial data, and state control over land use and protection, as well as subordinate legislation of the Cabinet of Ministers of Ukraine and other executive authorities. The theoretical basis consists of the works of Ukrainian scholars devoted to public administration of land use, land management, state control in the field of land use and protection, state registration of restrictions on land use, and the transformation of land legal relations under martial law.

Results. It is established that the system of public administration entities in the field under study encompasses entities of general competence, entities of special competence in the field of defense and security, entities of special competence in the field of land relations, land management, cadastre, and geospatial data, local public administration entities, as well as supervisory, oversight, law-enforcement, and other entities whose activities are aimed at detecting, terminating, and legally assessing violations of the established regime. It is substantiated that the absence of a single special legal act that would comprehensively regulate the system of such entities, their competence, and the procedure for their interaction significantly reduces the effectiveness of the administrative and legal mechanism of land protection within special zones of military facilities.

Prospects. The results of the study may be used in law-making activities aimed at improving legislation on defense lands and special zones of military facilities, in the practical activity of public administration entities, and in further research on the problems of administrative and legal land protection. A promising direction for further research is the development of a coherent model of interagency cooperation and a special administrative procedure for land protection and safeguarding within such zones.