LEGAL ASPECT OF THE PROTECTION AND USE OF LAND IN THE CZECH REPUBLIC

The aim of this article is to give a comprehensive overview of the current public and private treatment of soil protection in the Czech Republic. The concept of soil protection means in general a number of technical, economic and legislative measures that are directed against the shrinking areas covered with vegetation and against deterioration or destruction of all production and the ecological functions of the land. Among the major legislative problems of soil protection belongs its dual nature. The soil is also a public good, and at the same time is the property of private with a specific owner or user. This is the case in the Czech Republic, as a Member State of the EU. Restrictions on the right to dispose of his property in accordance with the decision itself is a very sensitive issue for each of the private owners. The proposed legislative measures to soil protection must deal with this problem. The State is entitled, in the interests of its citizens, and obliged to regulate activities on land, but must resolve what degree of regulation is in accordance with the protection of property rights, which are guaranteed to be the supreme legal document in the Czech Republic that is the Constitution. For processing of this article and the fulfillment of the objectives it is necessary to perform a content analysis of the legal protection of land relations in relation to EU policy on the issues and comparisons to determine whether public and private law in the legislative measures in accordance with EU policy in this area with the most critical problems by selection in the area. Czech Republic has undergone since 1989 the very large changes in the issue of land ownership. This state had to deal with return of the property, and still resolves to return the land to the original owners. Many of the owners of this land still learn how to farm on these lands. For this reason, the Czech Republic adopted with effect from 1.1.2014 a fundamental change in the area of private law, in particular the adjustment of rental relations to land. The conclusion of this article is that the issue of land protection, which covers a considerable part of the economically and socially usable space is necessarily subject to the conflict of interests of the various sectors. Space requirements are also requirements on the land. The fundamental measures for the protection of the soil must perform, in particular, its owners or users. From this point of view is necessary to highlight the role of society as a whole in this area, as it results from the double view on the land protectiction.