Legal issues of development of organic farming in Ukraine

• Author: Dmytro Fedchyshyn, Iryna Ignatenko, Oleksandr Bondar
• Position: Zaporizhzhia National University, Ukraine/Yaroslav Mudryi National Law University, Ukraine/Zaporizhzhia National University, Ukraine
• Pages: 15-28

Legal issues of development of organic farming in Ukraine

PhD. Dmytro FEDCHYSHYN1

PhD. Iryna IGNATENKO2

PhD. Oleksandr BONDAR3

Abstract

The theoretical principles of organic farming development in Ukraine are

substantiated. The concept and features of the land for organic farming, especially the

legal regime of such land are revealed. The analysis of legal forms of land use for organic

farming was carried out. The main advantages of using an organic land plot on the basis of

emphyteusis are analyzed. The subjects of land use for organic farming have been

investigated. The p rospective directions are determined and proposals on the improvement

of the current legislation of Ukraine are developed. These include the development and

approval of criteria for determining the suitability of agricultural land for use in the

process of organic farming , resolving at the legislative level issues related to soil

conservation and the protection of their fertility, the development and approval of norms of

their qualitative condition that would meet the requirements of cultivation organ ic products

of plant origin. In addition, there is a need for legal separation of agricultural land on

which organic products are grown, taking into account the specific use of these lands and

establishing their special legal regime.

Keywords: organic farming; Ukraine; the Land Code of Ukraine; agricultural land.

JEL Classification: K11, P48, P14, D86

1. Introduction

The organic food market has been one of the most dynamic food markets in

the world for nearly two decades and is becoming an increasingly popular

alternative to the consumption of traditional products. Organic production is

carried out in 172 countries of the world, with 2.3 million producers, of which Asia

is 40%, Africa 26%, Latin America 17%, Europe 15%, North America 1%,

Oceania 1%4. The increase in demand is largely due to growing concern among

consumers about the safety of food produced by the so-called "traditional

technology". In turn, farmers have realized that consumers are willing to pay a

higher price for products grown organic. According to the Food and Agriculture

1 Dmytro Fedchyshyn - Zaporizhzhia National University, Ukraine, marlynkh@gmail.com.

2 Iryna Ignatenko - Yaroslav Mudryi National Law University, Ukraine,

irena.nekosargot@gmail.com.

3 Oleksandr Bondar - Zaporizhzhia National University, Ukraine, al_bondar@ukr.net.

4 Бородачева Н.В. (2004) Органічний продукт вирощують без хімії та сертифікату. Дзерка ло

тижня. 2004. № 31. (Bordachova N.V. The organic product is grown without chemistry and

certificate. Mirror of the week. № 31).