Legal bases of the state ecological development

2014 ◽  
Vol 2 (5) ◽  
pp. 224-231
Author(s):  
Наталья Хлуденева ◽  
Natalya Khludeneva
Keyword(s):  
Strategic Planning ◽  
Natural Resources ◽  
Environmental Protection ◽  
Legal Protection ◽  
Legal Regulation ◽  
Present Stage ◽  
Ecological Development ◽  
Legal Restrictions ◽  
Optimum Model ◽  
Environmental Interests

The ecological right is an important component of creation of optimum model of legal regulation of environmental protection at the present stage. Its aim is to protect the environmental interests of society by securing legal restrictions and prohibitions against excessive use of natural resources, often rash and irrational, and also to establish the effective measures of legal protection. The author investiges the strategic planning documents in the field of environmental protection, evaluates the effectiveness of their implementation, and suggests the improvements of legal regulation of environmental protection in Russia.

scholarly journals International Environmental Protection in Armed Conflicts: Traditional Legal Regulation and Interpretation Novelties

Lex Russica ◽  
2021 ◽  
pp. 84-95
Author(s):  
N. A. Sokolova
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Natural Environment ◽  
Armed Conflict ◽  
Legal Protection ◽  
Legal Regulation ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Wide Range

The paper is devoted to international legal protection of the environment during armed conflicts. The author emphasizes that armed conflicts, both international and non-international, continue to be one of the most serious threats to a healthy environment. An armed conflict taking place in the environment invariably poses a threat to ecosystems.The author summarizes that in international law there are special norms for the protection of natural environment during armed conflicts. At the same time, increasing the level of protection requires a clearer definition of the scope of application of customary law and the further development of treaty rules. While the objectives of protecting the natural environment are linked to the survival and protection of civilians, recognition of environmental protection during armed conflict as such constitutes an important trend. International law calls on States to enter into agreements that provide for additional protection of the natural environment during armed conflicts. The concept of “protecting the natural environment” in international humanitarian law refers to a wide range of obligations that can help protect the natural environment or its parts from damage. A high threshold for potential harm continues to pose the risk that such protection is not fully applicable in practice. There is an obvious tendency to use the potential of the principles of international environmental law when applying the norms of international humanitarian law. Thus, even in cases where the assessment of new means and methods of warfare does not provide scientific certainty with regard to their impact on the natural environment, this does not absolve the parties to the conflict from taking appropriate precautions. It is not enough that there are important rules of international humanitarian law protecting the natural environment during armed conflict; they need to be better disseminated, implemented and enforced, as well as validated and clarified.

scholarly journals DEVELOPMENT OF LEGAL REGULATION OF USE OF NATURAL RESOURCES IN ECONOMIC ACTIVITY IN UKRAINE

2021 ◽  
pp. 90-99
Author(s):  
А.H. Riabtsova ◽  
Keyword(s):  
Natural Resources ◽  
Middle Ages ◽  
Economic Activity ◽  
Legal Protection ◽  
Legal Regulation ◽  
Customary Law ◽  
Soviet Period ◽  
Economic Activities ◽  
Forest Protection ◽  
The Russian Empire

The formation and development of legal regulation of the use of natural resources in economic activity is analyzed. It is established that certain aspects of the legal regulation of the use of some natural resources can be found in Ruska Pravda, which was carried out mainly for tax purposes. The development of legislation on the use of natural resources in the Middle Ages and during the stay of Ukraine as part of the Russian Empire is analyzed. It is established that the use of natural resources on Ukrainian lands during their stay in the Polish-Lithuanian principality was regulated mainly by customary law. Agrarian reform was carried out as a result of the adoption of the act “Ustav na Voloky” (1557). In addition, in 1567 the Forest Charter was adopted, which was one of the first acts in Europe in the field of forest protection and use. It is substantiated that until the twentieth century there was a rather fragmentary regulation of the protection and preservation of natural resources, mainly with a view to protecting the ownership of certain natural objects, especially land. The regulation of the use of natural resources in economic activity in the Soviet period and after the declaration of independence is studied. Among the first acts adopted after the revolution was the “Decree on Land” of November 8, 1917, according to which the land became state property. However, only since the 60 of the last century special laws have been adopted aimed at legal protection of nature. Normative-legal acts of independent Ukraine from the standpoint of regulating the use of natural resources in eco- no mic activity are systematized into three groups: normative acts regulating economic activity in general and certain aspects of natural resources protection; regulations that mainly regulate the protection of natural resources in general and estab lish certain principles of their use in economic activities; regulations governing the protection and use of certain types of natural resources, including in economic activities. In addition, the periodization of the historical development of legislative regulation of the use of natural resources in economic activity is suggested.

scholarly journals Legal regulation of measures for the use and protection of forests

2021 ◽  
pp. 69-73
Author(s):  
Radmir IKSANOV ◽  
◽  
Igor VLADIMIROV ◽  
Keyword(s):  
Environmental Protection ◽  
Russian Federation ◽  
Local Population ◽  
Legal Protection ◽  
Legal Regulation ◽  
Nature Management ◽  
Forest Protection ◽  
The Russian Federation ◽  
Forest Users ◽  
Legal Mechanism

Forest violations are a special type of offenses that infringe on the order of rational nature management and environmental protection. The purpose of this study is to analyze legal measures for the use and protection of forests. The relevance of the work lies in the fact that the problem of legal protection of forests is manifested in the mechanism of exercising the powers of forest protection by the constituent entities of the Russian Federation, therefore, the solution to this problem should be developed and implemented by the efforts of state bodies, public associations and the local population. The paper lists the problems of the legal mechanism of forest protection, defines its subjects, discloses the problems in the field of control and supervision activities by forest users.

scholarly journals Legal relations peculiarities as a subject of legal regulation in the complex law branch

2020 ◽  
Vol 5 (5) ◽  
pp. 15-22
Author(s):  
Lyudmyla Dobroboh
Keyword(s):  
Public Relations ◽  
Natural Resources ◽  
Environmental Protection ◽  
Theoretical Study ◽  
Environmental Law ◽  
Legal Regulation ◽  
Future Generations ◽  
The Subject ◽  
Selection Of

The article deals with theoretical study of the selection of specific features of legal relations of complex lawbranches on the example of environmental law. Today, the subject of legal regulation in this area is public relations for environmental protection and rational use of natural resources in order to ensure the quality of the environment in the interests of present and future generations.

scholarly journals Tendencies in the transformation of the legal foundations of European integration of Ukraine at the present stage

2020 ◽  
pp. 66-70
Author(s):  
Oleksandr Perederii
Keyword(s):  
European Integration ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
The State ◽  
Social Regulation ◽  
The European Union ◽  
Present Stage ◽  
Association Agreement ◽  
The Eu

The article presents and reveals the main tendencies of transformation of the legislative foundations of European integration of Ukraine at the present stage of state formation. While analyzing the problems of implementation of the Association Agreement between Ukraine and the European Union, the author highlights and reveals the content of three main tendencies that are characteristic for the development of the legislative basis of the European integration policy. In particular, the expanding of the current Constitution of Ukraine with the rules on the irreversibility of the European integration course, updating of normative documents regulating the planned character and gradual implementation of the provisions of the Association Agreement, amending the current version of the Association Agreement in order to update its provisions.  The attention is drawn to the fact that the modification of the legislative foundations of Ukraine's European integration course is an important political and legal factor for the transformation of not only the system of the legal system of the state in the formal sense, but also of the legal consciousness of the broad masses of the population. This is explained by the phenomenon of the action of so-called «future law». In practical terms, such a phenomenon manifests itself in the fact that in the society on the mental level there is an increasing level of expectations from the state to activate pro-European policy, further reforming of the national law in the direction of implementation of European models of social regulation. Accordingly, there is an impact on the minds of people by "future norms of law", which are designed to regulate social relations, which are just beginning to emerge.           Further priorities of expanding the legislative foundations of Ukraine's European integration are outlined. In particular, it is the optimization of the mechanism of substantial realization of European integration transformations in the practice of national state administration, as well as the preparation of legislative support to overcome the global political risks and economic threats that may occur in connection with the implementation of the Association Agreement. First of all, Ukraine should develop and accumulate the practice of applying the legislation in the sphere of increasing the investment attractiveness of Ukraine, guaranteeing the legal protection of foreign investments, adjusting the national manufacturing sector of Ukraine to the EU requirements, harmonizing the national model of legal regulation of the labor market with the EU, enhancing the institutional focus of the Ukrainian authorities to implement the EU Directives.

scholarly journals The Formation of Land Conservation Principles as the Framework for the Implementation of the Concept of Sustainable Development of Society

2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Moldir Abaikyzy ◽  
Lazzat K. Yerkinbayeva ◽  
Kulyash N. Aidarkhanova ◽  
Gulnar T. Aigarinova ◽  
Nurzhan S. Baimbetov
Keyword(s):  
Public Relations ◽  
Environmental Protection ◽  
Legal Protection ◽  
Legal Regulation ◽  
Hazardous Substances ◽  
Practical Significance ◽  
Environmental Legislation ◽  
Land Protection ◽  
Foreign Countries ◽  
European Standards

AbstractThe interest in the experience of legislative solutions to problems connected with the design and development of legal institutions in environmental protection in foreign countries, at first glance, is not directly related to the study of the laws of functioning and development of this legal institution. The relevance of the study is determined by the fact that such an interest appears as rather justified and even logical, if one is to proceed, firstly, from general ideas about the development of land legislation in the context of globalisation, and secondly, if one is to consider the desire of countries to more widely implement global and European standards of environmental policies and rights and approaches to environmental protection in general. The purpose of this article is determined by the identification the main problems of land protection legislation in the field of and form on their basis the effective system of environmental regulation, combining administrative and legislative instruments with economic, regulatory and market mechanisms. Analysis of international legal acts is used as the leading research method. It was determined that the positive experience in foreign countries related to the legal regulation of relations in legal protection of the environment allows transferring the theoretical ideas about the legal structures existing in other countries to the practical plane, which, in turn, allow to optimally regulate the appropriate circle of public relations, taking into consideration the relevant historical traditions, the internal structure of national legislation, the features of the development of environmental legislation of the respective country. The concept of protecting land from pollution by hazardous substances and ways of improving and adapting legislation in the field of waste management were proposed. The practical significance of the study is determined by the need to integrate the land legislation industry into national environmental legislation.

Legal regulation of utilization non-suitable pesticides accumulated during the USSR

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Hafurova Olena ◽  
◽  
Kukhar Olga ◽  
Keyword(s):  
Theoretical Analysis ◽  
Natural Resources ◽  
Environmental Protection ◽  
Industrial Waste ◽  
Negative Impact ◽  
State Level ◽  
Legal Regulation ◽  
The State ◽  
Ecological Situation ◽  
Obsolete Pesticides

The article provides a scientific and theoretical analysis of the legislation of the USSR, Ukrainian legislation. Particular attention is paid to establishing features in the legal regulation of seizure, utilization, destruction and disposal of unusable or prohibited pesticides and agrochemicals and containers from them. The authors conclude that today, given the need to improve the environment, more efforts are needed at the state level to utilize pesticides accumulated during the Soviet era, primarily to approve the state program with clear measures for its implementation and sources of funding. Today, regional state administrations have the opportunity without the intervention of the Ministry of Environmental Protection and Natural Resources of Ukraine to solve problems with obsolete pesticides and agrochemicals, as well as to determine where it is most profitable to dispose of these substances. Thus, to date, the process of reducing unusable pesticides has been launched. It aims to improve the ecological situation in the country, help reduce the negative impact on people's lives and health, and allow agriculture to develop. Keywords: waste, industrial waste, pesticides, plants protecting products, utilization of pesticides, container, agriculture

Foreign environmental law: U.S. environmental law

2019 ◽  
Author(s):  
Лазарь Брославский ◽  
Lazar Broslavskiy
Keyword(s):  
United States ◽  
Environmental Protection ◽  
Environmental Law ◽  
Legal Protection ◽  
The United States ◽  
Legal Regulation ◽  
Modern World ◽  
Federal State ◽  
Teaching Staff ◽  
Wide Range

The manual is devoted to the analysis of the current environmental legislation of the United States and the practice of its application in order to better study the environmental problems of the modern world and improve the system of legal regulation of the Russian Federation in the field of environmental protection. Prepared on the basis of previously published by the author of monographs on comparative legal analysis of environmental law in Russia, the United States and the European Union, which can be accessed for a more detailed study of the legal protection of the environment. Meets the requirements of the Federal state educational standards of higher education of the last generation. It is recommended in addition to the basic course "Environmental law", and can also be used as a textbook for bachelors and undergraduates in special courses and special seminars "Foreign environmental law". For students, postgraduates and teaching staff of law universities and environmental faculties of universities and other educational institutions; workers of industry and other sectors of the economy, including those studying at institutes and training courses, judges, employees of the system of state bodies of natural resources and environmental protection, control and supervision and law enforcement agencies, environmental and other public organizations; and also for a wide range of readers interested in environmental issues and wishing to take an active part in the social environmental movement.

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