Recognition of protected areas as legal entities as a way to stop protected area genocide

Abstract

The definition of protected areas as legal entities is not defined at the legislative level, which significantly reduces the range of tools for protecting the corresponding territories from abuses and loopholes in the current legislation regarding the scope and methods of utilizing their natural potential. The study focuses on an analysis of the concept of the “legal personality” of protected areas in Ukraine, considering the requirements of current legislation to address the restoration and protection of the rights of the protected areas through judicial and extrajudicial procedures. For a comprehensive analysis of market dynamics with minimal variations between studies, a quantitative literature review, including meta-analysis, was conducted. The main directions of post-war market revival were identified and the feasibility of adapting these strategies to the Ukrainian economy was evaluated using a comparative method. The research asserts that granting legal personality status to protected areas would contribute to the protection of their rights, as it would enable their identification as independent participants in economic relations and provide them with the necessary mechanisms to protect their territories. The necessity of introducing the concept of “legal personality” at the legislative level for protected areas is substantiated, which would not only help identify the most violated rights of protected areas but also promote increased investments in this sector. The practical significance of the study is determined by recommendations regarding the legitimizing protected areas as legal entities and having a clear normative and legal basis would ensure the establishment of a transparent form of judicial and extrajudicial protection and restoration of violated rights of protected territories.