Volume 12 - Issue 65
/ May 2023
287
http:// www.amazoniainvestiga.info ISSN 2322- 6307
DOI: https://doi.org/10.34069/AI/2023.65.05.27
How to Cite:
Ustymenko, V., Rohozian, Y., Trehub, O., Liashenko, P., Zablodska, D. (2023). Economic and legal dimension of humanitarian
demining of Ukraine: problem and research prospects. Amazonia Investiga, 12(65), 287-295.
https://doi.org/10.34069/AI/2023.65.05.27
Economic and legal dimension of humanitarian demining of Ukraine:
problem and research prospects
Економіко-правовий вимір гуманітарного розмінування України:
проблеми та перспективи дослідження
Received: April 30, 2023 Accepted: June 1, 2023
Written by:
Volodymyr Ustymenko1
https://orcid.org/0000-0002-1094-422X
Web of Science ResearcherID: IWE-0365-2023
https://www.webofscience.com/wos/author/record/47099937
Yuliia Rohozian2
https://orcid.org/0000-0001-5325-4213
Web of Science ResearcherID: T-8126-2017
https://www.webofscience.com/wos/author/record/1060062
Oleksandr Trehub3
https://orcid.org/0000-0003-0660-5783
Web of Science ResearcherID: IWE-0080-2023
https://www.webofscience.com/wos/author/record/IWE-0080-2023
Pavlo Liashenko4
https://orcid.org/0000-0001-6455-6831
Web of Science ResearcherID: IWE-0394-2023
https://www.webofscience.com/wos/author/record/IWE-0394-2023
Daria Zablodska5
https://orcid.org/0000-0002-5670-597X
Web of Science ResearcherID: IWE-0429-2023
https://www.webofscience.com/wos/author/record/IWE-0429-2023
Abstract
In recent years, issues related to humanitarian
demining of the affected territories in Ukraine
have become increasingly urgent. In this context,
the economic and legal aspects of humanitarian
demining are of particular importance as they
affect the possibility of rapid restoration of
economic and other peaceful use of de-occupied
territories. The authors focused on identifying
the problems and highlighting the research
prospects of the economic and legal dimension of
humanitarian demining. It is considered in this
1
Doctor of Law, Professor, Corresponding Member of the National Academy of Sciences of Ukraine, Head at the State Organization
“V. Mamutov Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine”, Ukraine.
2
Doctor of Economic Sciences, Senior Researcher, Deputy Head at the Department of Interregional Cooperation Issues, State
Organization “V. Mamutov Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine”, Ukraine.
3
Candidate of Law, Senior Research Fellow at the Department of Economic and Legal Studies of Economic Security Problems, State
Organization “V. Mamutov Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine”, Ukraine.
4
Candidate of Economic Sciences, Junior Research Fellow at the Department of Interregional Cooperation Issues, State Organization
“V. Mamutov Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine”, Ukraine.
5
Candidate of Economic Sciences, Research Fellow at the Department on Economic and Legal Problems of City Studies, State
Organization “V. Mamutov Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine”, Ukraine.
288
www.amazoniainvestiga.info ISSN 2322- 6307
study as the first stage of the comprehensive
restoration of the Ukrainian territories. The
present paper proves the importance of forming
economic and legal tools that will contribute to
the development of conceptual approaches as
well as scientific and practical proposals to
ensure humanitarian demining in Ukrainian
realities.
Keywords: humanitarian demining, mine action,
explosive objects, restoration, de-occupied
territories, spatial development .
Introduction
Security is one of the priority functions in any
state in the world, which is implemented through
a set of legislative and organizational measures
in order to protect the vital interests of citizens,
the state and society as a whole. Along with
outstanding achievements in the field of
innovative technologies, the number of mine
weapons types is being scaled. The use of these
weapons in armed conflicts leads to catastrophic
consequences, in particular the death of civilians
and the destruction of civilian infrastructure. As
defined by the UN, the problem of demining is
global in nature, as it requires the consequences
elimination of armed conflicts that have already
ended or are still ongoing. Therefore, any state to
overcome the threat takes appropriate actions
within the demining process, which can be
humanitarian, military or operational. In this
context, humanitarian demining allows mine
action operators not only to detect and destroy
explosive objects, but also to completely clear
the territories and transfer them to the population
and the authorities for further restoration and
peaceful use.
The hostilities that began in the Eastern Ukraine
in 2014 has actualized the need for research in the
field of humanitarian demining, since the
presence of mine hazard and unexploded
ordnance is a serious threat to human safety
along with other factors. Full-scale Russian
invasion to our country in February 2022 led to
an increase in the area of mined territories and
multiplied the above problems. Representatives
of state authorities and international
organizations in their numerous statements and
speeches offer ways to solve them. In addition,
the affected territories (regions and territorial
communities) also need effective humanitarian
demining in terms of restoring their socio-
economic potential, and this process can become
a reality only after demining. These and other
arguments determine the relevance of the
research, emphasize its timeliness and
importance for the restoration of the affected
territories.
The main purpose of the research is to analyze
the problems in the field of humanitarian
demining and highlight aspects that require
theoretical understanding and further scientific
and practical solution through the prism of
economic and legal approaches to ensure the
comprehensive restoration of Ukrainian
territories.
Literature Review
The analysis of scientific literature shows that
foreign experts mostly research the technical
issues of humanitarian demining, as well as the
theoretical foundations of this process within the
state policy in the field of defence and civil
protection. This is indicated by the conclusions
and provisions presented in the scientific works
of D. Ambruš et al., (2020), T. Bechtel et al.,
(2021), I. Cruz et al., (2018), T. Hasic (2004),
N. Ibrahim et al., (2021), J. Killeen et al., (2022),
etc.
Foreign scientific literature also considers certain
legal issues of humanitarian demining, namely
the types and limits of responsibility of mine
action operators, compliance with the
requirements of environmental legislation in the
process of demining, etc. Special attention
should be paid to scientific research on the
establishment and development of legislation in
the field of humanitarian demining in post-
conflict countries, especially in Colombia and
Croatia. Scientific ways to solve the legal
problems of humanitarian demining in Ukraine
Ustymenko, V., Rohozian, Y., Trehub, O., Liashenko, P., Zablodska, D. / Volume 12 - Issue 65: 287-295 / May, 2023
Volume 12 - Issue 65
/ May 2023
289
http:// www.amazoniainvestiga.info ISSN 2322- 6307
can be justified taking into account some
conclusions and approaches of D. Arias Henao &
Ospina Perdomo (2020), T. Ban (2010),
U. Hofmann & Rapillard (2017), P. Lodhammar
(2013), J. Macías Montoya & Corcione Nieto
(2020) and other authors.
The analysis of domestic scientific sources
regarding the state and prospects for the use of
land and resource potential of territories
demonstrates that the basis of modern research is
the works of I. Storonianska (Storonianska,
2022), T. Chaika (2022), etc. Theoretical aspects
of humanitarian demining are studied by
V. Horbulin (2022), T. Kurtseitov et al., (2020).
These authors analyze the global problem of
demining, substantiate the multifaceted nature of
the situation related to the demining of Ukrainian
territories as well as emphasize the importance of
creating the latest technical means of detecting
explosive objects. Economic accents of the
territorial restoration in the war and post-war
time are presented in the studies of V. Heets
(2022), I. Zablodska et al., (2022), E. Libanova
(2023) and other respected scientists.
At the same time, different legal issues in the
field of humanitarian demining and mine action
in general are revealed in the scientific works of
H. Anisimova et al., (2023), R. Kirin (2020a,
2020b), R. Kotsiuba (2020), I. Lappo et al.,
(2023), N. Malysheva & Hurova (2022),
S. Poteriaiko & Okipnyak (2022) and others.
It is worth noting that the presented scientific
publications contain ideas, conclusions and data
on other countries, which are useful for carrying
out the tasks of this research. However, it should
be taken into account that the results of these
studies do not give a holistic view of the
economic and legal provision of humanitarian
demining for the comprehensive restoration of
territories. Currently, the scientific vision of this
issue remains mostly fragmentary. This explains
the need for separate research due to the
peculiarities of the socio-economic and
environmental situation, the legal and economic
system, as well as the legal regime of martial law
in Ukraine.
Methodology
The authors use general and special methods and
techniques of scientific research. The use of the
dialectical method helps to find the truth through
the diverse views of scientists. The study of
individual elements of the system of economic
and legal provision in their functional connection
and dependence is carried out using the structural
and functional approach. The hypothetical
methods are the basis for formulating
assumptions about possible economic and legal
ways for solving problems of humanitarian
demining. The method of generalization makes it
possible to justify the need for research on
humanitarian demining in the context of
sustainable development of territories. The study
of humanitarian demining in the foreign and
Ukrainian dimension is based on the unity of
historical and logical. The method of abstraction
is also important, because it is used to determine
the role of humanitarian demining for the
restoration of territories. The basis of the textual
analysis of laws and other normative legal acts is
the formal and legal method.
The basis of this research is the provisions of the
theory of state power and local self-government
organization, scientific works of foreign and
domestic scientists on the features of
humanitarian demining, the current normative
legal acts of Ukraine regulating relations in the
field of demining, information of state
authorities, statistical and analytical data, the
results of the authors' own research and
developments.
Results and Discussion
Since 2014 Ukrainian territories are subjected to
the destructive influence of Russian military
aggression. The hostilities and activities of
terrorist groups in the East of Ukraine resulted in
significant contamination of the territories of
Donetsk and Luhansk regions with mines, shells
and other explosive objects. Open military
invasion of the Russian Federation into Ukraine
on February 24, 2022 led to even greater scaling
and aggravation of the corresponding problem.
According to the State Emergency Service of
Ukraine, which performs demining tasks
throughout Ukraine, the total area of territories
contaminated with explosive objects is more than
174 thousand square kilometres (April 2023)
(Ukrinform, 2023). This is almost a third of the
Ukrainian territory. According to various
estimates, a full range of humanitarian demining
work can cost from 37.4 to 70 billion US dollars
and last for decades (preliminary data from the
World Bank and the National Council for the
Recovery of Ukraine from the Consequences of
the War under the President of Ukraine).
Currently, the most polluted are Donetsk,
Zaporizhzhia, Kyiv regions as well as partially
Mykolaiv, Sumy, Kharkiv, Kherson and
Chernihiv regions. At the same time, according
to the estimates of the Ministry of Defense of
Ukraine, there are 349 supposedly contaminated
290
www.amazoniainvestiga.info ISSN 2322- 6307
and contaminated territories, half of which are
agricultural lands. This situation poses
significant threats to the functioning of
agriculture and other sectors of the Ukrainian
economy, hinders the comprehensive restoration
of the territories affected by hostilities, delays the
normalization of the population life and leads to
the cessation of investments. The solution of the
outlined problems has a clear correlation with the
process of humanitarian demining, which forms
today the priority agenda topic both at the
national level and at the level of local territories
(regions, territorial communities).
The Government of Ukraine faces an urgent task
to formulate a comprehensive policy in the field
of humanitarian demining. It is impossible to
build effective cooperation with European
business without this policy. At the meeting
between First Deputy Prime Minister of Ukraine
– Minister of Economy of Ukraine and Head of
EU Service for Foreign Policy Instruments,
which took place on May 9, 2023, key elements
of the relevant policy were announced. These
include: updating national mine action standards;
an effective national mine action program with
priority areas; creating a market for demining
services, competition between demining
operators, involvement of as many international
operators as possible with the financial support
from international partners; educational and
communication campaigns; active involvement
of innovative technologies.
Humanitarian demining is a priority in the
restoration of de-occupied territories of Ukraine,
taking into account its complex nature, which
involves examining the entire territory where
hostilities continued, and includes inspecting the
territory, identifying dubious areas and places
with mines, remnants of other explosive devices
as well as clearing them. At the same time, the
preliminary analysis of the foreign studies
demonstrates the unity in scientific views on the
nature of humanitarian demining, where the
security aspect prevails over the complexity and
durability of the process. The validity of this
approach is confirmed by successful cases based
on the restoration of post-conflict territories in
Bosnia and Herzegovina, Serbia, Croatia and
other countries.
European guidelines on humanitarian demining
play a significant role in Ukraine, which is
ensured not only by adapting successful
practices, but also by implementing program
tools. Specifically, an extrabudgetary program of
the Organization for Security and Co-operation
in Europe to support Ukraine in overcoming
urgent challenges has been implemented since
November 2022. This program applies to
humanitarian demining. In February 2023, the
Prime Minister of Ukraine also announced the
European Union program on humanitarian
demining of the de-occupied Ukrainian
territories worth 25 million euros.
The issues of this study are also important for
international organizations dealing with
humanitarian demining. This is confirmed by
analytical materials and other publications of the
UN Mine Action Service (UNMAS) within the
Department of Peace Operations, the Geneva
International Centre for Humanitarian Demining
(GICHD), the International Committee of the
Red Cross (ICRC), etc., which reflect the legal,
organizational, technical and coordination
features of humanitarian demining in different
countries of the world.
In order to adapt foreign experience of
humanitarian demining to Ukrainian realities,
domestic specialists rely not only on the specified
scientific and analytical materials, but also on the
results of their own research. Most of the studies
are devoted to the systematization of the legal
framework for mine action in Ukraine,
theoretical and applied aspects of the formation
of its content, economic and environmental
legislation, contractual relations in the field of
mine action (Kirin, 2020a; Anisimova et al.,
2023), mechanisms of state management in this
field in Ukraine (Poteriaiko & Okipnyak, 2022),
the legal status of the Mine Action Centre (Lappo
et al., 2023), legal aspects of the disarmament of
Ukraine in accordance with the Convention on
the Prohibition of Anti-Personnel Mines
(Kotsiuba, 2020), detection and cataloging the
locations of waste generated as a result of
military operations (Malysheva & Hurova, 2022)
as well as other important issues.
The conclusions presented in the Vision of the
Economic Department of the National Academy
of Sciences of Ukraine on the post-war revival of
Ukraine are also the basis for this study (Post-war
revival of Ukraine, 2022). Representatives of all
scientific institutes of the Department explored
key opportunities and threats within the most
important spheres of life and proposed directions
for the revival of Ukraine, including national
security and defense, critical infrastructure
development and a competitive sustainable
economy, integrated development of territories,
environmental restoration, etc. The issues of
demining objects and clearing the territory of
ammunition are also considered in the Vision as
part of the necessary key changes in the
Volume 12 - Issue 65
/ May 2023
291
http:// www.amazoniainvestiga.info ISSN 2322- 6307
environmental management and the use of
natural resources.
The evaluation of the newly adopted Ukrainian
legislation in the field of mine action by foreign
scientists who are well aware of the situation in
other countries and have a sufficient basis for
comparison deserves special attention. In
particular, H. Garbino positively assessed the
adoption of the Law of Ukraine of December, 06
2018 No. 2642-VIII "On Mine Action in
Ukraine", since, despite the beginning of Russian
armed aggression back in 2014, Ukraine did not
have special legislation in this field until 2019
(with the exception of separate bylaws). At the
same time, the researcher noted a number of
problems that need to be solved in Ukraine both
for the implementation of the Law and related
acts of legislation, and for the purpose of their
further improvement. For example, the Law of
Ukraine "On Mine Action in Ukraine" raised
serious concerns among donors, because Article
8 states that "donor-sponsored financial
resources are credited to a special fund of the
state budget under the relevant budget
programs". This restriction complicates the
receipt of donor funds intended for humanitarian
demining (Garbino, 2019).
The accumulated scientific and analytical
material contains significant results and forms
the basis for further development of problems in
the field of humanitarian demining. At the same
time, most specialists propose measures and
actions regarding humanitarian demining, which
are purely technical. They do not pay enough
attention to the role of demining as the first stage
in the restoration of the affected territories as
well as economic and legal issues of its
implementation. Furthermore, legal studies do
not always take into account the peculiarities of
the situation in Ukraine in the context of a full-
scale Russian invasion. This necessitates the
revision of existing approaches and means of
regulation.
Humanitarian demining is a task that requires a
systematic and effective solution at the national
and local management levels, since appropriate
measures are vital for the comprehensive
restoration of regions and territorial communities
affected by the war. Information on the need for
demining should be included in the programs for
the comprehensive restoration of regions and
communities in accordance with the Resolution
of the Cabinet of Ministers of Ukraine of
October, 14 2022 No. 1159 "On Approval of the
Procedure for Development, Public Discussion,
Approval of Programs for the Comprehensive
Restoration of Region, Territorial Community
(its Part) and Amendments to them" (Resolution
No. 1159, 2022).
In the Draft Recovery Plan for Ukraine
developed by the National Council for the
Recovery of Ukraine from the Consequences of
the War in August 2022 the issues of demining
Ukrainian territories are considered in an
inextricable connection with other post-war tasks
within the sections "Audit of war damage",
"Recovery and development of infrastructure",
"Construction, urban planning, modernization of
cities and regions", "New agrarian policy". For
instance, demining is a necessary step for
conducting an inspection of the damaged housing
stock and assessing the damage, carrying out
repair work on houses that have suffered minor
damage, restoring and developing transportation
by maritime and inland water transport, restoring
the tourism sector.
It should also be noted that demining issues are
included in the Government's Priority Action
Plan for 2023, which was approved by the Order
of the Cabinet of Ministers of Ukraine of
February, 14 2023 No. 221-p (Order No. 221-p,
2023). The direction "Security and Defense" of
the Plan includes the demining of de-occupied
territories to restore normal living conditions of
the population and reduce risks from explosive
objects. It should be noted that the direction
"Rebuilding of the country" provides for the
development of the Procedure for classifying
territorial communities and regions as the
functional type "restoration territory". It also
provides for the creation of the Procedure for the
development, implementation and monitoring of
a plan for the restoration and development of
regions and plans for the restoration and
development of territorial communities. These
steps are key to creating an effective regulatory
framework for planning the restoration and
development of both regions and territorial
communities. It has already been emphasized
that humanitarian demining is the first stage in
the process of comprehensive restoration of the
territories affected by the war, which makes the
reconstruction of housing stock and critical
infrastructure possible. Consequently, the study
of the economic and legal aspects of
humanitarian demining is extremely important.
The trend towards the formation and
systematization of legislation on mine action,
taking into consideration international treaties
and the best world experience, has emerged since
the special Law of Ukraine "On mine action in
Ukraine" was adopted. This Law (as amended on
292
www.amazoniainvestiga.info ISSN 2322- 6307
May, 06 2023) establishes key terminology,
defines goals, principles, main components,
objects and subjects, sources of funding for mine
action in Ukraine, specifies national interests in
the relevant field, contains rules for helping
victims and transferring responsibility for the
cleared territory. The Law of Ukraine "On Mine
Action in Ukraine" also sets rules for state
regulation and management, economic activity,
international cooperation, as well as
responsibility for violations of legislation in the
field of mine action. However, as Ukrainian
scientists emphasize, the Law does not take into
account a number of key aspects of mine action
that require proper regulation at the level of law
(Kirin, 2020b). Firstly, it means full
implementation of the Convention on the
Prohibition of the Use, Stockpiling, Production
and Transfer of Anti-Personnel Mines and on
their Destruction of 1997 (Ottawa Treaty), which
has been ratified by the Law of Ukraine of May,
18 2005 No. 2566-IV.
The problem of building an effective institutional
mechanism, delimiting the functions and powers
of different subjects regarding state regulation
and management in the field of humanitarian
demining remains open for further scientific
research. The establishment of the National Mine
Action Authority by the Cabinet of Ministers of
Ukraine in December 2021 greatly facilitated the
coordination of the activities of ministries and
other central and local executive bodies, local
self-government bodies, enterprises and
organizations involved in activities in the field of
mine action. However, the issue of optimal
distribution of tasks and powers between the
Mine Action Centre and the Centre for
Humanitarian Demining remains on the agenda.
In particular, it is necessary to eliminate
duplication of their powers. The Cabinet of
Ministers of Ukraine established the budgetary
institution "Centre for Humanitarian Demining"
in April 2023 at the suggestion of the State
Emergency Service of Ukraine. In order to
substantiate the ways of solving this issue, it is
advisable to allow for the Guide of the Geneva
International Centre for Humanitarian Demining
"Developing Mine Action Legislation", which
contains the principle provisions on the creation
of the National Mine Action Authority and the
Mine Action Centre, (GICHD, 2006).
Both theoretically and practically it is important
to resolve the issues of legal liability of mine
action operators and demining specialists for
violation of legal requirements or provisions of
national standards, as well as the problem of
determining damage caused to Ukraine as a result
of Russian armed aggression in terms of costs
associated with demining. According to the
current legislation, the costs of engineering and
technical, construction and other works
necessary to bring the damaged area for further
use (demining, etc.) are included in the costs
associated with the limit of liability. Such costs
are not taken into account in all cases of
assessment of needs for restoration of real estate,
movable property and property rights. They are
the subject of a separate study prior to the
assessment of needs for the restoration of the
property (the Resolution of the Cabinet of
Ministers of Ukraine of March, 20 2022 No. 326
"On Approval of the Procedure for Determining
Damage and Losses Caused to Ukraine as a
Result of the Armed Aggression of the Russian
Federation") (Resolution No. 326, 2022). This
approach requires a deeper scientific analysis to
ensure a fair assessment of damage caused by
humanitarian demining.
The presented arguments determine the need for
research on the economic and legal dimension of
humanitarian demining. This research will be
based on data from previous studies on the
Ukrainian territories’ restoration, economic
development of European countries in the post-
war period, sustainable development and
management of local territories in conditions of
armed conflict, environmental restoration of
cities in post-conflict territories, improvement of
waste legislation in the context of the restoration
and development of Donbas, as well as other
issues. Despite the importance of the highlighted
issues, they have been studied in Ukraine only in
fragments. Therefore, it is advisable to focus on
the development of conceptual principles for
humanitarian demining to ensure the
comprehensive restoration of the territories of
Ukraine based on a combination of economic and
legal tools.
As part of future research, it is important to solve
a complex of theoretical and applied problems,
namely: to specify the content of "humanitarian
demining" and its significance in the economic
and legal context; to analyse the national and
foreign experience of economic and legal support
of humanitarian demining for the restoration of
de-occupied territories; to monitor humanitarian
demining in the regions of Ukraine; to explore
the features of humanitarian demining through
the spatial development of Ukrainian local
territories; to identify the key challenges of
humanitarian demining and to develop economic
and legal ways of responding to them within the
comprehensive restoration of the territories of
Ukraine.
Volume 12 - Issue 65
/ May 2023
293
http:// www.amazoniainvestiga.info ISSN 2322- 6307
Solving the specified tasks will create economic
and legal prerequisites for improving important
indicators and increasing the efficiency of the
humanitarian demining process with a focus on
the comprehensive restoration of the affected
regions of Ukraine. It is expected that conceptual
approaches and scientific and practical proposals
in the above areas will contribute to the
acceleration of humanitarian demining and the
active revival of Ukraine, in particular:
− solving these tasks will allow local
territories to form programs for their
comprehensive restoration, taking into
account the action plan for demining
agricultural land. This will have a positive
effect on the ability of territories to resist
security challenges and threats, plan the
restoration of territories on the basis of
modern approaches (human-centrism,
rational spatial planning, etc.);
− developing a set of interrelated economic
and legal provisions to improve
humanitarian demining within the
comprehensive restoration of the territories
of Ukraine will allow researchers to reassess
the national experience in this area, take into
account the best foreign practices of
humanitarian demining for the restoration of
de-occupied territories, focus on the regional
dimension of this process based on the
concept of spatial development of local
territories and, finally, propose directions for
modernizing national legislation in the field
of humanitarian demining.
Conclusions
The Russian armed aggression against Ukraine,
which began in 2014 and turned into a full-scale
war in February 2022, led to the contamination
of almost a third of the Ukrainian territory with
mines and other explosive objects. This became
an obstacle to the functioning of agriculture and
various branches of the national economy, made
it difficult to restore the affected territories,
destabilized the lives of a large part of the
population, and resulted in the cessation of
investments. In these circumstances, there is an
urgent need to carry out humanitarian demining,
which is a primary step in the process of
comprehensive restoration of de-occupied
regions. High-quality humanitarian demining
involves a series of sequential measures, namely
surveying the entire territory where hostilities
took place, identifying suspicious areas and
places with mines, remnants of other explosive
objects, and clearing them. Humanitarian
demining is also aimed at protecting the
population from danger, helping affected persons
and providing opportunities for further planning
for the restoration of territories and their
sustainable development. Handing over the
cleared territories to the authorities and the
population makes it possible to start the
reconstruction of the housing stock and critical
infrastructure with the subsequent restoration of
economic and other peaceful use of these
territories.
It is important to note that the emphasis in
humanitarian demining has changed over time. In
the past, the focus was on reducing the number
of victims, but today the focus is on the
consequences of this process in the context of
socio-economic recovery of the affected areas. In
many countries, mine action measures have been
included in the strategic planning of territories at
the national and local levels for several decades.
This is of great importance for Ukraine, as there
is a direct correlation between demining and
restoration of the affected territories in the long
term.
Within the studied issues, special attention
should be paid to the problems, the identification
of which is necessary for justifying the directions
for improving the legal framework for
humanitarian demining and proposing concrete
ways to eliminate the shortcomings of the
legislation. The legal and organizational
foundations for humanitarian demining were
created with the adoption of the Law of Ukraine
"On Mine Action in Ukraine" in December 2018.
However, a number of legal issues in this sphere
require both a deeper theoretical understanding
and a proper response from public authorities
endowed with law-making powers. When
conducting the research, it is important to rely on
data that make it possible to evaluate the
effectiveness of adopted legal acts. This will
contribute to the substantiation of theoretically
and practically significant conclusions and the
fulfillment of the scientific tasks.
The presented conclusions confirm the necessity
and prospects of scientific research based on
combination of economic and legal instruments.
This will allow researchers to develop conceptual
approaches, as well as scientific and practical
proposals for ensuring humanitarian demining
within the comprehensive restoration of the
territories of Ukraine.
Bibliographic references
Ambruš, D., Vasić, D., & Bilas, V. (2020).
Innovating on top of I&M fundamentals for
294
www.amazoniainvestiga.info ISSN 2322- 6307
safer humanitarian demining. IEEE
Instrumentation & Measurement Magazine,
23(3), 35-41,
https://doi.org/10.1109/MIM.2020.9082797
Anisimova, H., Donets O., Shynkarov O.,
Shchonkin, R., & Skliar, I. (2023).
Сontemporary challenges and threats to
national security: environmental and legal
aspects. Sigurnost, 65(1).
https://doi.org/10.31306/s.65.1.1
Arias Henao, D.P., & Ospina Perdomo, J.M.
(2020). El desminado humanitario en los
escenarios coyunturales del posconflicto en
Colombia: una mirada jurídico-política.
Desafíos, 32(1), 1-39.
https://doi.org/10.12804/revistas.urosario.ed
u.co/desafios/a.6389
Ban, T. (2010). Quality Assurance During Use of
Demining Machines. International
Symposium “Humanitarian Demining 2010”.
pp 5-9. URL: https://www.ctro.hr/wp-
content/uploads/2020/11/Book_of_Papers_2
010.pdf
Bechtel, T., Capineri, L., Pochanin, G.,
Crawford, F., Falorni, P., & Ruban, V.
(2021). Demining 4.0: Principles of the latest
industrial revolution applied to humanitarian
demining. Symposium on the Application of
Geophysics to Engineering and
Environmental Problems Proceedings.
https://doi.org/10.4133/sageep.33-159
Chaika, T. (2022). Ecologically oriented
approaches to the restoration of
technologically polluted areas and the
creation of sustainable ecosystems. Poltava:
Astraya publishing house, 452 p. [In
Ukrainian].
Cruz, I., Jaupi, L., Sequesseque, S.,
Kassanga, N., & Cottray, O. (2018).
Enhancing Humanitarian Mine Action in
Angola with High-Resolution UAS IM.
Journal of Conventional Weapons
Destruction, 22(3). Art. 5. URL:
https://commons.lib.jmu.edu/cisr-
journal/vol22/iss3/5
Garbino, H. (2019). Ukraine's Newly Adopted
Mine Action Law: What Does This Mean for
HMA Programs? Journal of Conventional
Weapons Destruction, 23(1). Art. 7.
https://commons.lib.jmu.edu/cisr-
journal/vol23/iss1/7
GICHD (2006). Developing Mine Action
Legislation: A Guide. Second edition.
Geneva: GICHD. 40 p.
https://www.files.ethz.ch/isn/26664/Develop
ing_MA_Legislation_2006.pdf
Hasic, T. (2004). Reconstruction Planning in
Post-Conflict Zones. Bosnia and
Herzegovina and the International
Community (Doctoral Dissertation). Royal
Institute of Technology, Stockholm. URL:
http://www.diva-
portal.org/smash/get/diva2:14256/FULLTE
XT02.pdf
Heets, V. (2022). On the assessment of Ukraine's
economic losses as a result of the armed
aggression of the Russian Federation:
Transcript of the report at the meeting of the
Presidium of the National Academy of
Sciences of Ukraine on March 30, 2022.
Bulletin of the National Academy of Sciences
of Ukraine, 5, 30–38.
https://doi.org/10.15407/visn2022.05.030 [In
Ukrainian].
Hofmann, U., & Rapillard, P. (2017). Post-
Conflict Mine Action: Environment and Law.
Environmental Protection and Transitions
from Conflict to Peace: Clarifying Norms,
Principles, and Practices, pp. 396-419.
https://doi.org/10.1093/oso/9780198784630.
003.0017
Horbulin, V. (2022). The global problem of
demining: the Ukrainian vector. Bulletin of
the National Academy of Sciences of
Ukraine, 2, 1-13.
https://doi.org/10.15407/visn2022.02.003 [In
Ukrainian].
Ibrahim, N., Fahs, S., & AlZoubi, A. (2021).
Land cover analysis using satellite imagery
for humanitarian mine action and ERW
survey. Multimodal Image Exploitation and
Learning 2021. Proceedings of SPIE – The
International Society for Optical
Engineering, 11734, 1173402.
https://doi.org/10.1117/12.2589792
Killeen, J., Jaupi, L., Barrett, B. (2022). Impact
assessment of humanitarian demining using
object-based peri-urban land cover
classification and morphological building
detection from VHR Worldview imagery.
Remote Sensing Applications: Society and
Environment, 27, 100766.
https://doi.org/10.1016/j.rsase.2022.100766
Kirin, R.S. (2020a). The legal basis of anti-mine
activity in Ukraine: theoretical and
implemental aspects. Scientific Bulletin of
the Dnipropetrovsk State University of
Internal Affairs, 3, 12-20. URL:
https://visnik.dduvs.in.ua/wp-
content/uploads/2021/01/s3_ua/4.pdf [In
Ukrainian].
Kirin, R.S. (2020b). Economic and legal aspects
of mine action regulation. Second scientific
readings in memory of. Academician V.K.
Mamutov, 68-75. URL:
http://www.iepd.kiev.ua/wp-
content/uploads/2020/07/Mamutov-
2_Zbirka-03-07-2020.pdf [In Ukrainian].
Volume 12 - Issue 65
/ May 2023
295
http:// www.amazoniainvestiga.info ISSN 2322- 6307
Kotsiuba, R.O. (2020). Legal aspects of
Ukraine’s disarmament under the Anti-
Personnel Mine Ban Convention. The
Scientific Papers of the Institute of
Legislation of the Verkhovna Rada, 1, 88-98.
URL:
http://nbuv.gov.ua/UJRN/Nzizvru_2020_1_
11 [In Ukrainian].
Kurtseitov, T.L., Mosov, S.P.,
Trembovetsky, M.P., & Yasko, V.A. (2020).
Mine weapons are the focus of modern wars
and armed conflicts. Coll. of science
proceedings of the Centre for Military and
Strategic Studies of the National Defense
University of Ukraine. 2, 116-121 [In
Ukrainian].
Lappo, I., Biriukov, Ye., Zhurakhov, O., &
Dobryshkin, Yu. (2023). Mine action center:
main aspects of activity and development
prospects. Scientific works of State Scientific
Research Institute of AME TC, 1(15), 74-80.
https://doi.org/10.37701/dndivsovt.15.2023.
10 [In Ukrainian].
Libanova, E.M. (2023). Regarding the post-war
revival of Ukraine. Bulletin of the National
Academy of Sciences of Ukraine, 2, 55-61.
https://doi.org/10.15407/visn2023.02.055 [In
Ukrainian].
Lodhammar, P. (2013). Legal Aspects of the
Land Release Process. The Journal of ERW
and Mine Action, 17(1). Art. 4. URL:
https://commons.lib.jmu.edu/cisr-
journal/vol17/iss1/4
Macías Montoya, J.A., & Corcione Nieto, M.A.
(2020). Humanitarian demining in Colombia:
from the perspective of deminers. Revista
Científica General José María Córdova,
18(29), 161-179.
http://dx.doi.org/10.21830/19006586.530
Malysheva, N.R., & Hurova, A.M. (2022).
Identification and cataloging of locations of
waste generated as a result of hostilities using
earth remote sensing. Roadmap for the
implementation of the Law of Ukraine "On
Waste Management": Collection of materials
of the National Forum "Waste Management
in Ukraine: Legislation, Economics,
Technologies". 61-63. URL:
https://sd4ua.org/wp-
content/uploads/2023/03/ukrayinskoyu.pdf
[In Ukrainian].
Order No. 221-p. On the approval of the
Government's priority action plan for 2023.
Cabinet of Ministers of Ukraine dated
February 14, 2023. Available at:
https://zakon.rada.gov.ua/laws/show/221-
2023-%D1%80#Text [In Ukrainian].
Post-war revival of Ukraine (2022). Vision of the
Economic Department of the National
Academy of Sciences of Ukraine. The
National Academy of Sciences of Ukraine:
website. URL: https://acortar.link/LWE2KI
[In Ukrainian].
Poteriaiko, S., & Okipnyak, A. (2022).
Mechanisms of state management of the
sphere anti-breaking activities in Ukraine.
Scientific Herald: Public Administration,
2(12), 304-321.
https://doi.org/10.33269/2618-0065-2022-
2(12)-304-321 [In Ukrainian].
Resolution No. 1159. On Approval of the
Procedure for Development, Public
Discussion, Approval of Programs for the
Comprehensive Restoration of Region,
Territorial Community (its Part) and
Amendments to them. Cabinet of Ministers of
Ukraine dated October, 14 2022. Available
at:
https://zakon.rada.gov.ua/laws/show/1159-
2022-%D0%BF#Text [In Ukrainian].
Resolution No. 326. On Approval of the
Procedure for Determining Damage and
Losses Caused to Ukraine as a Result of the
Armed Aggression of the Russian Federation.
Cabinet of Ministers of Ukraine dated March,
20 2022. Available at:
https://zakon.rada.gov.ua/laws/show/326-
2022-%D0%BF#Text [In Ukrainian].
Storonianska, I. (2022). Challenges and priorities
of managing the assets of territorial
communities in war conditions. Lviv: State
Organization "Dolishniy Institute of Regional
Research of NAS of Ukraine", 79 p. URL:
http://ird.gov.ua/irdp/p20220034.pdf [In
Ukrainian].
Ukrinform (2023). In Ukraine, 174,000 square
kilometers are potentially contaminated with
explosives – The State Emergency Service of
Ukraine. URL: https://acortar.link/dhlRZu
[In Ukrainian].
Zablodska, I., Rohozian, Y., Sieriebriak, S.,
Plietnov, M., & Vakhlakova, V. (2022).
Special mode of economic development of
European countries in the post-war period:
legal experience. Amazonia Investiga,
11(57), 162-171. DOI:
https://doi.org/10.34069/AI/2022.57.09.17