Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.41 N° 78
Julio
Septiembre
2023
Recibido el 05/02/23 Aceptado el 25/05/23
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
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ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
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Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
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Vol. 41, Nº 78 (2023), 27-37
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Legal Aspects of Ensuring Food Security
in Modern Conditions of Development
DOI: https://doi.org/10.46398/cuestpol.4178.01
Andrii Kulaiets *
Mariia Kulayets **
Lidiia Shynkaruk ***
Daria Kendus ****
Mykyta Gerashchenko *****
Abstract
Using the method of dialectical philosophy and its historical
materialism, the main objective of the study was to analyze
the modern legal aspects of ensuring food security in modern
conditions of development. In this context, the subject of study
is the food security system in general, under the hypothesis that
states: the fundamental basis for ensuring national food security
of the state in the modern world is the eective and sustainable
development of its agricultural sector. Based on the results of the study,
the key features of the legal support of food security in modern conditions
of development were identied. In the conclusions of the case, it has been
established that public policies and their relational framework should try
at every moment to ensure food security, as an integral part of the agrarian
law system, so that, form the dualistic legal nature of its understanding: as
an agrarian legal institution and fundamental principle of the agrarian law
branch.
Keywords: legal regulation; food sovereignty policies; legal aspects; food
security; modern conditions for development.
* National University of Life and Environmental science of Ukraine, Kyiv, Ukraine. ORCID ID: http://
orcid.org/0000-0001-7864-1658
** National University of Life and Environmental science of Ukraine, Kyiv, Ukraine. ORCID ID: https://
orcid.org/0000-0003-4077-7861
*** National University of Life and Environmental science of Ukraine, Kyiv, Ukraine. ORCID ID: http://
orcid.org/0000-0002-7434-1495
**** National University of Life and Environmental science of Ukraine, Kyiv, Ukraine. ORCID ID: https://
orcid.org/0000-0002-3320-2640
***** National University of Life and Environmental science of Ukraine, Kyiv, Ukraine. ORCID ID: https://
orcid.org/0000-0001-7617-4144
28
Andrii Kulaiets, Mariia Kulayets, Lidiia Shynkaruk, Daria Kendus y Mykyta Gerashchenko
Legal Aspects of Ensuring Food Security in Modern Conditions of Development
Aspectos legales para garantizar la seguridad
alimentaria en las condiciones modernas de desarrollo
Resumen
Mediante el método de la losofía dialéctica y su materialismo histórico,
el objetivo principal del estudio fue analizar los aspectos legales modernos
para garantizar la seguridad alimentaria en las condiciones modernas de
desarrollo. En este contexto, el tema de estudio es el sistema de seguridad
alimentaria en general, bajo la hipótesis que arma: la base fundamental
para garantizar la seguridad alimentaria nacional del Estado en el mundo
moderno es el desarrollo ecaz y sostenible de su sector agrícola. Con arreglo
en los resultados del estudio, se identicaron las características clave del
soporte legal de la seguridad alimentaria en las condiciones modernas de
desarrollo. En las conclusiones del caso, se ha establecido que las políticas
públicas y su entramado relacional deben tratar en cada momento de
garantizar la seguridad alimentaria, como parte integral del sistema de
derecho agrario, de modo que, forman la naturaleza jurídica dualista de su
comprensión: como institución jurídica agraria y principio fundamental de
la rama del derecho agrario.
Palabras clave: regulación legal; políticas de soberanía alimentaria;
aspectos legales; seguridad alimentaria; condiciones
modernas para el desarrollo.
Introduction
The legal support of the food independence of each state is and will
always be an extremely relevant topic, given the constant need for the state
to properly provide the initial needs of the electorate for food as one of the
basic factors in creating a prosperous social environment and a guarantee
of sustainable development of the individual, the nation and the country as
a whole. Ukraine is no exception from this list, the nancial and economic
capabilities of which in this area are signicantly weakened by the need to
resist external aggression, as well as the stagnant situation of incomplete
land and agrarian reform.
The most eective factor in this socio-economic process is undoubtedly
the legal one, which gives the chosen direction of research not only logical
perfection, but also the appropriate level of relevance and urgency in
general.
The legal nature of any social phenomenon is revealed primarily through
its role and place in the system of social relations that form the subject of the
relevant area of law. As for the agrarian relations of ensuring food security,
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CUESTIONES POLÍTICAS
Vol. 41 Nº 78 (2023): 27-37
the latest research at the level of a doctoral dissertation is proposed to be
considered as a sub-branch of agrarian law.
In general, it should be noted that this position is not without a number
of methodological shortcomings. Firstly, any sub-sector must contain the
relevant legal institutions, which the author of the idea does not name
for some reason. Secondly, relations for the production of agricultural
products, their processing and sale are the subject of legal sense to one
degree or another of almost all institutions of agrarian law, which expands
the boundaries of the proposed sub-sector to the boundaries of the directly
branch of agrarian law, and such a substitution is devoid of rationality.
Thirdly, the existing normative array of food security law is characterized
by a relatively small volume, low eciency, as well as fragmentation,
dispersion of legal norms among various hierarchical legal acts of various
branches, which has already been noted in the scientic literature.
Ensuring food security is a strategic problem that any government of a
country may face in conducting its domestic and foreign policy. We are not
talking about any stability in the country if the state is not able to provide
its citizens with a sucient and complete level of consumption of basic
foodstus and cannot pursue an independent foreign policy if the food
market inside the country depends on import intervention.
Highlighting national food security as the general goal of agrarian
policy, scientists involved in food security propose to focus on its following
aspects: food, agriculture, foreign economic, agro-industrial, and social.
The food aspect is the starting point in the analysis of priorities, since it
serves as a quantitative expression of the main goal of agricultural policy -
food security. It determines the level of provision of the country with food,
including its own production, the volume of necessary reserves of food and
agricultural raw materials, as well as the physiological and solvent limits of
demand for food in the domestic market, is characterized by indicators of
the existing.
The main purpose of the study is to analyze the modern legal aspects of
ensuring food security in modern conditions of development.
1. Materials and methods
The methodological basis of this work was philosophical (dialectical),
general scientic (logical, analysis and synthesis) and special scientic
(formal legal, comparative legal) methods, combined into one system.
The dialectical (materialistic) method made it possible to consider the
legal support of the food security of the state as a continuous process of
interconnection of its socio-economic basis and legal mediation, which
30
Andrii Kulaiets, Mariia Kulayets, Lidiia Shynkaruk, Daria Kendus y Mykyta Gerashchenko
Legal Aspects of Ensuring Food Security in Modern Conditions of Development
are in unity and constant opposition, which stimulates their mutual
development.
The general scientic logical method has become fundamental in
identifying causal relationships between economic indicators of food
security and the need to correct the corresponding legal framework. The
analysis method was used to study the problems of ensuring food security
due to their decomposition into components, followed by a detailed study
of them to understand the general state.
2. Literature review
In general, in terms of its signicance in the process of legal inuence
on agrarian relations, it is advisable to consider food security as one of
the fundamental principles of agrarian law, that is, a kind of principle-
institution.
Based on the general nature of agrarian legal principles as the main
principles on which the mechanism of legal regulation of agrarian relations
is based, it can be concluded that the principle of ensuring the legal security
of the state runs like a red thread through the entire system of agrarian
law, that is, it is a kind of core-goal, on where all agricultural and legal
universities are based (Artemenko et al., 2022; Bihych et al., 2022; Gibbons
et al., 1994).
Food security of the state is an interdisciplinary socio-economic
phenomenon that characterizes the ability of the state to provide the
population with balanced nutrition with high-quality and safe products in
conditions of proper physical and economic access to them on the basis of
external food independence of the state.
The underconsumption of most staples can be attributed solely to the
economic inaccessibility of food. For the consumption of meat, sh and
eggs, the consumer basket is formed on the basis of physiological (that is,
minimum) norms, and for dairy products even this norm is reduced by 2.5
times.
Thus, for the type of nutrition of Ukrainians in the future, it will not
be a development diet, as in the advanced countries of the world, which
ensures the consumption of environmentally friendly food products that
increase the life expectancy of the population as a whole and the average life
expectancy for the country, improving health, but a survival diet (Grivins
et al, 2021; Kalashnyk and Krasivskyy, 2020; Kryshtanovych et al., 2022).
The legal nature of food security law is dualistic. On the one hand, the
right to food security is a set of agrarian and legal norms aimed at regulating
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CUESTIONES POLÍTICAS
Vol. 41 Nº 78 (2023): 27-37
the relations of ensuring the food security of the state. In this form, it is a
legal institution of agrarian law. On the other hand, it is a principle that
runs like a red thread through the entire system of agrarian law, that is, a
kind of core-goal on which all agrarian legal institutions are based.
Thus, this is a fundamental, fundamental principle-goal that has a
synergistic eect on the organization of the entire organic complex of
agrarian relations as a subject of agrarian law. The above positions are
integrated in one legal construction “principle-institution”, that is, the
principle enshrined in a whole system of norms of the current agrarian
legislation (Kryshtanovych et al., 2021; Levcheniuk et al., 2022; Margaryan,
2021).
The issues of legal regulation of the protection and reproduction of
soil fertility are among the most important in the structure of the legal
mechanism for ensuring the food security of the state.
While paying tribute to the scientic contribution of many scientists,
the analysis of the legal aspects of ensuring food security remains relevant.
3. Research Results and Discussions
Solving the problem of food security as a guarantee of the existence and
development of any state has always been and remains one of the most
important tasks of mankind, the nation and the individual. This problem
is complex and multifaceted. It aects all aspects of society. Food security
is inextricably linked with the existing political and economic systems,
as well as with the peculiarities of management and national traditions
(Nersessian, 2018; Nerubasska, 2020).
Ensuring food security is one of the leading functions of the state. Law
plays an important role in the implementation of this function . The legal
regulation of ensuring the food security of the state in today’s conditions
is, rst of all, inextricably linked with the production of sucient both in
terms of volume and safe in quality agricultural products and foodstus.
The issues of ensuring food security and its regulatory support are of
priority importance, since at present the state is not fully capable of ensuring
unimpeded access of the population to food. The need to improve the legal
regulation of food security is also caused by the recent spread of agricultural
products and food products produced using genetically modied organisms
(Severini and Tantari, 2013).
The main source of agricultural products and food products is modern
agricultural production, the functioning of which is inextricably linked with
the ecient use of national land resources, in particular agricultural land as
32
Andrii Kulaiets, Mariia Kulayets, Lidiia Shynkaruk, Daria Kendus y Mykyta Gerashchenko
Legal Aspects of Ensuring Food Security in Modern Conditions of Development
the main means of production and the operational basis for ensuring food
security.
Agricultural lands should act as a guarantee of sucient and aordable
food supply for the country, serve as a mechanism for solving the food
problem and eliminating food shortages in modern conditions. Ecient
use of these lands should provide not only domestic food needs, but also
achieve leadership in the production of agricultural products in the world
food markets.
The problem of ensuring food security today has acquired a global scale.
Increasing food production, as well as improving their quality and safety, is
one of the most important tasks of the world economy.
The problem of food security occupies a leading place in the national
security of each country, since it is a prerequisite and a factor in the social
and economic stability of the state. Thanks to it, sustainable socio-economic
development of society, its demographic reproduction is achieved. Food
security is a concept ocially accepted in international practice used
to characterize the state of the food market of a country or a group of
countries, as well as the world market. It is a necessary component of
economic security, which, in turn, ensures the national security of the state
(Shevchenko et al., 2021; Sylkin, 2021).
At the same time, food security has national characteristics, it
is characterized by complexity and permanence. Depending on the
characteristics of the national food system, the period of its development,
the level reached, the priorities set, its provision is modied along with
changes in internal and external threats.
Some states achieve a state of food security through self-suciency,
that is, their own production of the necessary volumes of food, others are
forced to import a signicant part of food products, which not only requires
appropriate funds, but leads to an increase in their economic and political
dependence on the supplying states.
After all, food is not just a product of prime necessity, but also the most
important strategic commodity. Whoever owns it is in charge both in the
economy and in politics. According to the world criteria for food security
of the country, the maximum level of food and food imports should not
exceed 30%. Otherwise, this will mean the loss of food independence of the
state. Food independence is usually measured by the share of the cost of
domestically produced food products in the total cost of food consumption.
Food independence is characterized by such a level of economic
development when the food security of the state does not depend on external
food supplies. At the same time, the state must ensure independence from
food imports, despite the specic natural conditions and the eciency of
the division of labor within the framework of agricultural production.
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CUESTIONES POLÍTICAS
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In our opinion, food security should be understood as a component of the
national security of the state, which provides for the protection of the vital
interests of a person, which is expressed in guaranteeing by the state, on the
principles of self-suciency, unimpeded physical and economic access of a
person to food in quantity, assortment, an established level of quality and
safety, necessary to maintain his health and normal life activities.
Food security indicators are a quantitative and qualitative characteristic
of the state, dynamics and prospects of the physical and economic
accessibility of food products for all social and demographic groups of the
population, the level and structure of their consumption, the quality and
safety of food, the stability and degree of independence of the domestic
food market, the level of development of the agricultural sector and related
sectors of the economy, as well as the eciency of the use of natural resource
potential.
The main legal threats to the food security system in the world
are shown in Figure 1.
Figure 1. The main legal threats to the food security system in the world.
Source: formed by authors.
Ensuring food security requires a system of organizational and
legal measures, which should be understood as a set of economic, legal,
organizational and managerial actions carried out by the competent state
authorities and local self-government through the use of law-making, law
34
Andrii Kulaiets, Mariia Kulayets, Lidiia Shynkaruk, Daria Kendus y Mykyta Gerashchenko
Legal Aspects of Ensuring Food Security in Modern Conditions of Development
enforcement and law enforcement forms of state regulation in order to
guarantee physical and economic access by the state of the population to
food products in the quantity, assortment, established level of quality and
safety necessary to maintain health and normal life activities.
Today, one of the dening, guiding principles of agrarian law is the
principle of greening agricultural production. It is not only theoretical but
also practical. It is assumed that the greening of agricultural production
can be dened as a special principle of agricultural law, which is
manifested in the establishment in agricultural legislation and the practical
implementation of environmental standards, requirements and regulations
both by authorized state bodies, local governments, and by the agricultural
producers themselves in the eld of agricultural management. . production
activities for the protection of the environment, the ecological use of natural
resources, as well as the production of high-quality and environmentally
safe agricultural products of plant and animal origin.
In the system of legal relations to ensure food security, the legislation
regulating them should also provide for other measures to protect the
domestic producer. As already noted, legal relations to ensure food security
are complex by their legal nature, therefore this problem must be solved
in a comprehensive manner, based on increased state intervention in the
problems associated with the formation of legal relations for logistics,
subsidies, subsidies, in the process formation of prices for basic types
of food, in a reasonable ratio of them with the purchasing power of the
population.
To improve the legal regulation of legal relations in the eld of ensuring
the country’s food security, a comprehensive integration approach is
needed, taking into account the characteristics of production processes,
working conditions, etc. Production processes in agriculture depend on
natural factors with a pronounced seasonal and cyclical nature. Agriculture
is a specic branch of public production in comparison with industry and
the service sector.
It is associated with the use of land and other natural resources, which
aects the characteristics of agriculture, the formation of nancial resources,
and the development of innovation processes. Land is the main means of
production, it is not depreciated, and therefore does not participate in the
formation of the cost of production. Along with this, its dierent level of
natural fertility and location contributes to the formation of a dierentiated
prot.
The content of agricultural legal relations to ensure food security is the
subjective rights and obligations of their subjects. Considering this legal
relationship as a unity of material content and legal form, the following
connections can be distinguished: 1) the connection of rights and obligations
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by a model xed by the legal norm, which should determine real behavior;
2) the real connection of the participants in legal relations, which must
correspond to the model of behavior enshrined in the relevant norm; 3) the
relationship between real behavior and a model that nds its expression in
the exercise of rights and the performance of duties.
A common feature of a legislator and a scientist is inertia in solving
problems, in particular, in the issue of regulating food security. If for
the world community sustainable development, the food crisis, the legal
support of food issues are dening and priority, then Ukraine disassociates
itself from globalization processes and purely declarative concerns the legal
regulation of food security. Thus, the declarative nature of legal regulation
is reected in the fact that the Ukrainian pantheon of legislation has a
vague, incomprehensible and fragmentary mechanism for guaranteeing
and implementing fundamental human rights and the foundations of
national security, both for determining food security and for ensuring it.
A concrete conrmation of the problem of food security is the absence at
the legislative level of a complete and consistent with international practice
of its concept, since what we dene at the level of law is ultimately reected
in the state of aairs. If the denition itself is imperfect and does not comply
with international acts, then the state is not able to fully implement food
security.
Conclusions
There is a real threat to the national security of the country, which
manifests itself in all areas - in defense, in production and technological,
economic, social, environmental, spiritual and moral areas. The
conditionality of such a state is determined by the priority value of the food
sector itself, which directly aects the urgent interests of people, regardless
of their age status, nationality.
In the eld of food security, the key problems of carrying out agro-
industrial and economic reform, real trends in the development of
agricultural and food production, the domestic market, and the degree of
its dependence on the world food market intersect. Secondly, if the state
focuses on the world market, prefers to work with an imported supplier,
and not with a prospective domestic producer, this undermines the stability
of the domestic food market and leads to destabilization of the economy,
unemployment of the rural population, social tension, etc.
The main directions of ensuring the food security should be the
harmonization of national standards of agricultural products with the
standards of the most developed countries of the world; providing priority
36
Andrii Kulaiets, Mariia Kulayets, Lidiia Shynkaruk, Daria Kendus y Mykyta Gerashchenko
Legal Aspects of Ensuring Food Security in Modern Conditions of Development
support to needy segments of the population who, due to low incomes,
are not able to provide healthy food for their families, as well as pregnant
women, infants, preschool and school children; healthy nutrition in social
institutions; development of interregional integration in the eld of food
risks and food security for the purpose of easy access to food products.
Creation of conditions for increasing the number of objects of trade
infrastructure and public catering of various types; monitoring compliance
with the requirements of the legislation of the countries of Eastern Europe
at all stages of the process of production, storage, transportation, processing
and sale of food products; introduction of a ban on the distribution of food
products derived from genetically modied microorganisms (GMOs) and
genetically modied analogues (GMAs); organization of production with
the attraction of foreign investment in agriculture; implementation of the
eective operation of the system of sanitary, veterinary and phytosanitary
control, taking into account international rules and standards; improvement
of state trade policy, regulation of markets for agricultural and sh products,
raw materials and food; accelerating the development of the domestic
market infrastructure; monitoring, forecasting and control of the state of
food security. This will be the focus of further research.
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Esta revista fue editada en formato digital y publicada
en julio de 2023, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.41 Nº 78
