Right to food, agribusiness and land: challenges and opportunities for Ukraine

Abstract

This study examines the protection of the human right to food and land from violations by agribusiness entities in Ukraine under conditions of armed conflict and agricultural land market liberalization. The large-scale military aggression of the Russian Federation has significantly weakened Ukraine’s food security through land contamination, infrastructure destruction, and disruption of agricultural production, while simultaneously intensifying risks associated with land concentration and export-oriented agribusiness models. The research employs doctrinal legal analysis, comparative legal methods, and qualitative content analysis of international legal instruments, Ukrainian legislation, policy documents, and statistical data from national and international sources. A systemic approach is used to assess food security as an interconnected legal, economic, and environmental phenomenon, with particular attention to the role of large agricultural holdings. The study finds that agricultural land concentration in Ukraine has reached levels that pose systemic risks to food security and rural development. As of 2023, more than 117 agribusiness holdings control approximately 16% of the country’s agricultural land, while the 30 largest holdings lease up to 5 million hectares, predominantly for export-oriented monocultural production of corn, sunflower, rapeseed, and soy. This production model contributes to soil degradation, limits domestic food availability, and marginalizes small and medium-sized agricultural producers. The second phase of land reform, which allows legal entities to acquire up to 10,000 hectares of agricultural land, further increases the risk of excessive land concentration, particularly under wartime conditions when up to 30% of agricultural land is affected by occupation, hostilities, or contamination. The study concludes that the current regulatory framework does not adequately protect the constitutional right of the Ukrainian people to land ownership or the human right to food. It proposes legislative and policy measures aimed at limiting land concentration, strengthening environmental and antimonopoly controls, and ensuring socially responsible agribusiness practices to enhance food security and human rights protection in Ukraine.