scholarly journals Legal regulation of Natural Resources as a Category of Environmental Resources for Providing Economic Activity on the Example of Ukraine

2020 ◽  
Vol 9 (1) ◽  
pp. 228
Author(s):  
Daria Piddubna ◽  
Illia Karakash
Keyword(s):  
Water Resources ◽  
Natural Resources ◽  
Legal Regulation ◽  
Forest Resources ◽  
The State ◽  
Land Resources ◽  
Plant Resources ◽  
Atmospheric Air ◽  
System Verification ◽  
The Right

Every citizen has the right to safe natural resources. In Ukraine, this right is fixed at the level of the Constitution of Ukraine and special legal acts. The right to natural resources determines the citizen's right to: land resources; water resources; forest resources; flora and fauna; mushrooms; berries; atmospheric air. Ecological nature of natural resources is associated with the provision of various types of safety: environmental, energy, water, food, biological, genetic, and in aggregate - national. To implement the above, it is necessary to amend the regulatory framework in Ukraine  on the following positions: responsibility (both from the side of officials and from the side of economic entities); system verification of the state of natural resources; ban on burning stubble, forest strips; strengthening of responsibility for the destruction of water facilities, cutting of plant resources, for the introduction of pesticides, for the implementation of atmospheric emissions and discharges into water objects; introduction of organic farming. The main thing – the issue of environmental friendliness of natural resources is characteristic not only for Ukraine, but also for the whole world. From their status depends on the suitability of life for every inhabitant of the planet, as well as the state of the planet itself.  Keywords: natural resources, an ecological resource, the constitutional rights of citizens, land resources; water resources; forest resources; flora and fauna; mushrooms; berries; atmospheric air.  

Etude de l'aménagement d'une forêt classée au Mali avec la participation des populations riveraines - Données du problème et éléments de méthodologie | A Study of the Management of a State-Owned Forest in Mali with the Participation of the Population Living nearby - Issue under Investigation and Elements of Methodology

2000 ◽  
Vol 151 (3) ◽  
pp. 80-83
Author(s):  
Pascal Schneider ◽  
Jean-Pierre Sorg
Keyword(s):  
Natural Resources ◽  
Research Methodology ◽  
Large Scale ◽  
Environmental Context ◽  
Forest Resources ◽  
The State ◽  
Commercial Use ◽  
Economic Context ◽  
The People

In and around the state-owned forest of Farako in the region of Sikasso, Mali, a large-scale study focused on finding a compromise allowing the existential and legitimate needs of the population to be met and at the same time conserving the forest resources in the long term. The first step in research was to sketch out the rural socio-economic context and determine the needs for natural resources for autoconsumption and commercial use as well as the demand for non-material forest services. Simultaneously, the environmental context of the forest and the resources available were evaluated by means of inventories with regard to quality and quantity. According to an in-depth comparison between demand and potential, there is a differentiated view of the suitability of the forest to meet the needs of the people living nearby. Propositions for a multipurpose management of the forest were drawn up. This contribution deals with some basic elements of research methodology as well as with results of the study.

Components of the economic sovereignty of the state

2021 ◽  
pp. 83-88
Author(s):  
Anna Turenko
Keyword(s):  
European Integration ◽  
Legal Regulation ◽  
The State ◽  
Basic Component ◽  
State Sovereignty ◽  
Significant Step ◽  
The Right

Economic sovereignty and its elements are analyzed in the article. It is emphasized that a significant step for rethinking approaches to the characteristics of the sovereignty of the state, in particular, the economic became European integration processes. On the example of tax sovereignty as a basic component of economic sovereignty, it is argued that state sovereignty and its realization depends not only on the right of state to independently decide on tax-legal regulation, but also on the nature of those measures selected by the state to carry out regulatory influences.

ADDITIONAL CONCLUSION ON A DISSERTATION

2021 ◽  
Vol 3 (3) ◽  
pp. 163-180
Author(s):  
А.V. Gabov
Keyword(s):  
System Analysis ◽  
Legal Regulation ◽  
Focus Of Attention ◽  
The State ◽  
State System ◽  
Federal Law ◽  
Current Regulation ◽  
Historical Method ◽  
The Right ◽  
Academic Degrees

Introduction: the article deals with the legal phenomenon of an additional conclusion on a dissertation that rarely comes into the focus of attention of domestic researchers, which is regulated in the Regulations on Awarding Academic Degrees and the Regulations on the Council for the Defense of Dissertations for the Degree of Candidate of Science, for the Degree of Doctor of Science. The relevance of the issue is explained by the ongoing processes of transformation of all the main elements of the state system of scientific certification. Purpose: to show the main elements of this institute, the problems of its regulation, including in connection with the changes made to the state system of scientific certification by Federal Law of 23 May 2016 No. 148-FZ “On Amendments to Article 4 of the Federal Law ‘On Science and State Scientific and Technical Policy’” (hereinafter – Law No. 148-FZ), as well as the directions for improving legal regulation of this institute. Methods: system analysis, historical method. Results: the goals of the institute of additional conclusions on the dissertation are revealed; marked defects in the regulation of additional conclusion on the dissertation; given the significant changes in the state system of scientific attestation in connection with the receipt of a number of organizations right of self-awarding degrees, as well as the accumulated practice of application of this institute, the directions of its improvement are formulated. Conclusions: according to the author of the article, the institute of additional conclusion should not be abandoned, it may well be in demand in the future and in the activities of organizations, those who have received the right to independently award academic degrees. The current regulation of the institute of additional conclusion requires complete renovation.

scholarly journals PROBLEMS OF LEGAL REGULATION OF THE USE OF POLYGRAPH IN THE SECURITY AND DEFENSE SECTOR OF UKRAINE

2021 ◽  
pp. 62-66
Author(s):  
S. Kazmiruk ◽  
I. Pampukha ◽  
N. Blyzniuk
Keyword(s):  
Armed Forces ◽  
Legal Regulation ◽  
The State ◽  
Political Activity ◽  
Control Procedure ◽  
Territorial Integrity ◽  
Linguistic Support ◽  
Military Security ◽  
The Right ◽  
Psychophysiological Detection

The year 2021 was proclaimed the year of the Euro-Atlantic transformation at the Department of Defense of Ukraine. The result of such transformational processes in the DoD of Ukraine and the Armed Forces of Ukraine will be the creation of the integrated Euro-Atlantic type defense institution that will ensure their obligatory transformation, together with the other subjects of the security and defense sector of Ukraine to the new standards functioning and the command and control procedure. In particular, the introduction of legal regulation of the use of the polygraph. Military security is one of the fundamental requirements to implement the right of the people of Ukraine on self-identification, preserve Ukraine as a state and secure its sustainable development. The protection of the sovereignty and territorial integrity of Ukraine is the utmost valuable function of the State. The fulfillment of this norm of the Constitution of Ukraine in terms of existential military threat to national security requires applying a number of measures and defensive actions that adhere to the principles and norms of international law. The main purpose of the Strategy of the military security of Ukraine is a preliminary prepared and comprehensively maintained all-encompassing defense of Ukraine based on the principles of deterrence, sustainability, and cooperation that ensures military security, sovereignty, and territorial integrity of the state by introducing innovative tools to detect hidden information. In the course of the Euro-Atlantic integration process, there is a critical moment to start carrying out specific, complex, and relevant tasks in the sphere of external political activity that facilitate the implementation of relevant directions in developing innovative systems aimed at identifying concealed and false information. Particularly, the linguistic support of events of defense and military cooperation in order to systematically implement the reforms of the security and defense sector that are directed to meet the international NATO-members' standards. It is also relevant to urgently implement the legal and ethical norms on the activity of the polygraph examiner's when performing a psychophysiological detection of deception using a polygraph.

scholarly journals Konstruksi Mitos dan Kelokalan Sebagai Alat Eksklusi (Akses Masyarakat Lokal dan Imigran Terhadap SDA di Desa Lempur Kerinci-Jambi)

2018 ◽  
Vol 3 (2) ◽  
pp. 160
Author(s):  
Dara Kartika Rahma
Keyword(s):  
Local Government ◽  
Forest Resources ◽  
The State ◽  
Forest Area ◽  
Conservation Program ◽  
The Right

Abstract: This paper explains how the community of Lempur Village living in the forest area have a high dependence with nature. The position of the community is considered to interfere with the conservation program, that they must accept losing access to the forest area that has become the state property (TNKS). The loss of access to forest resources, pushed them to be more protective with the land that already allocated to them by the local government. Their openness to migrants began to fade and they did not tolerate new migrants who cleared land, reinforced by the ancestors history to reinforce the concept of localization to see who has the right to access land in Lempur Village. Moreover, other form of their resistance is by reconstruct the myths,  addressed to immigrants, corporations, and tourists. Intisari: Tulisan ini menjelaskan bagaimana masyarakat Desa Lempur yang tinggal berbatasan dengan hutan sangat menggantungkan hidupnya terhadap alam. Posisi masyarakat desa dianggap mengganggu program konservasi sehingga mereka harus menerima kehilangan akses di area hutan yang sudah menjadi milik negara (TNKS). Dengan hilangnya akses mereka terhadap sumber daya hutan yang kini dijadikan area konservasi, menuntut mereka untuk lebih protektif terhadap sisa lahan yang memang sudah diperuntukan bagi mereka oleh pemerintah daerah. Keterbukaan mereka terhadap pendatang mulai pudar dan tidak lagi dapat mentoleransi pendatang membuka lahan. Diperkuat dengan sejarah nenek moyang mereka untuk mengukuhkan konsep kelokalan guna melihat siapa yang memiliki hak untuk mengakses tanah di Desa Lempur ini. Selain itu bentuk lain dari perlawanan mereka ialah dengan merekonstruksi kembali mitos-mitos yang sangat kuat digaungkan kepada pendatang, baik imigran, perusahaan, maupun wisatawan.

THE DEPENDENCE OF QUALITY THE ATMOSPHERIC AIR OF UKRAINE ON THE NUMBER OF GREEN SPACES. LEGAL AND ECOLOGICAL SOLUTIONS

2018 ◽  
Vol 1 (3) ◽  
pp. 279-288
Author(s):  
Oksana Mandrazhy ◽  
Alona Lemekhova ◽  
Tetiana Likhnovska
Keyword(s):  
Environmental Safety ◽  
The State ◽  
Green Spaces ◽  
Atmospheric Air ◽  
Safe Environment ◽  
Environmental Balance ◽  
The Right

The article considers the right of everyone to a safe environment for life and health. The right of everyone to a safe environment for life and health and to the compensation for the damage caused by the violation of this right. This right is preceded by the duty of the state to ensure environmental safety and maintain environmental balance on the territory of Ukraine, as stipulated in article 16 of the Constitution of Ukraine. The purpose of this article is to present current research of authors regarding the observance of the Constitution of Ukraine with regard to the protection of natural assets in Ukraine.

scholarly journals ARBITRATION AND PUBLIC POLICY IN BRAZIL: A STUDY BASED ON ‘LULA CASE’

2018 ◽  
Vol 4 (5-6) ◽  
pp. 223-264
Author(s):  
Carolina Barreira Lins
Keyword(s):  
Public Policy ◽  
Natural Resources ◽  
Oil And Gas ◽  
Oil And Gas Industry ◽  
The State ◽  
Gas Industry ◽  
National Courts ◽  
Arbitration Clause ◽  
Exploration And Production ◽  
The Right

This work examines the subject of jurisdiction and arbitrability of issues related to energy and natural resources in the world, in order to enhance the arbitration institute in Brazil. The study is based on a recent case pending in Brazilian courts, named “Lula case”, which refer to a dispute between the State and concessionaires that grant the right to explore and produce oil and gas in a determined area. The presence of arbitration clauses in the concession contracts for exploration and production of oil and gas in Brazil raises questions related to the disposability of the rights concerned. It is paramount to set benchmarks on arbitral tribunals’ power to decide on these matters and to define to what extent arbitral awards may defy public policy, national sovereignty over natural resources and national courts’ jurisdiction to render decisions in this regard. Otherwise, the randomness of judicial decisions makes the arbitration clause ineffective. Moreover, the Lula case arises substantive issues related to the necessity to protect investors in the oil and gas industry, since acts arguably connect to the State policy power may cause damages to the private parties. The work critically examines the decision given by national courts so far and proposes an international approach to face situations involving the State and the necessity to protect investors in the oil and gas industry.

scholarly journals The Reconstruction of Energy Management Law Based on Indonesia Legal System

FIAT JUSTISIA ◽  
2018 ◽  
Vol 12 (1) ◽  
pp. 32
Author(s):  
Sulaiman Sulaiman ◽  
Ade Arif Firmansyah
Keyword(s):  
Water Resources ◽  
Natural Resources ◽  
Energy Management ◽  
Legal System ◽  
Energy Sector ◽  
The State ◽  
Philosophical Orientation ◽  
The People ◽  
Legal Nature

Two things become an important part of studies in Indonesian law related to energy management. The first, related to the management of natural resources. Second, the energy sector is also related to other sectors, that is forestry, water resources, marine and fisheries, agriculture and plantations, as well as land. Ideally, all of the energy management law must reflect the state ideology, as natural resources energy must be managed for the greater prosperity of the people. Energy should not be administered arbitrarily because, in addition to the utilization, the existence of natural resources should not be separated from the philosophical orientation of Indonesian legislation, Pancasila, and The 1945 Constitution. However, the reality of energy legislation indicates of the authority competes between sectors and alignments to society which is not optimal. It is due to the legal nature of the energy sector which is liberal and still-exploitation oriented and pro-capitalist. By using a socio-legal approach, this paper describes the reconstruction of law-oriented to the Indonesian legal system in energy management based on Pancasila and the 1945 Constitution as the foundation and soul of the energy sector law. Keywords: Reconstruction of Law, Energy Management, the Indonesian Legal System.

scholarly journals CONFLICT OF FOREST RESOURCES AND ECOLOGICAL ADAPTATION STRATEGY

2019 ◽  
Vol 5 (15) ◽  
pp. 1483-1490
Author(s):  
Rita Rahmawati ◽  
Arya Hadi Dharmawan ◽  
Rilus Kinseng ◽  
Dudung Darusman
Keyword(s):  
Qualitative Method ◽  
Local Community ◽  
Adaptation Strategy ◽  
Forest Resources ◽  
The State ◽  
Ecological Adaptation ◽  
Cultural Tradition ◽  
Resource Conflicts ◽  
The Government ◽  
The Right

This study is focused on the adaptation strategy of the local community who has the problem of land rights. In Indonesia, all natural resources are subject to control and to manage by the state. As a ruler of the resources, the Government published any policy which provided revenue for the state, such as giving the right to industrial extraction of logging companies in the forest area. Whereas, many communities' lives depend on the forest. Forest resources are important for the Indonesian economy, as well as for the livelihood of communities who depend on the forest. It finds themselves in situations of conflict. The aim of the study is to analyse adaptation strategy of local community which is in the forest resource conflicts. The study used mix methods. A qualitative method with a focus on ecological adaptation and livelihood strategy, while the quantitative approach stresses defining the meaning of findings or facts that are deconstructed based on the subjective perspective of the researcher. The research held in two site, namely Sungai Utik Forest which Dayak Iban Community and Halimun Salak Mountain National Park which Kasepuhan community live. The result of the research showed that conflict of the forest resources have improved the adaptation strategy of the local community. Although various problems is already attacking them, local community still have loyalty to their tradition. They have own regulation to manage and utilize land, especially for managing forest and rice planting. Faithfulness in carrying this cultural tradition out are their ecological adaptation strategy. Keywords: Adaptation Strategy, Ecological Adaptation, Conflict of Forest Resources, Dayak Iban Community, Kasepuhan Community

scholarly journals Legal mechanisms for the implementation of corporate rights by public law entities

2020 ◽  
pp. 309-313
Author(s):  
Konstantin Leonov
Keyword(s):  
Local Governments ◽  
Supervisory Board ◽  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
Corporate Rights ◽  
A Value ◽  
Communal Property ◽  
The Right ◽  
Authorized Capital

The state is the largest owner of corporate rights. Entities operating on the basis of state ownership only, as well as entities whosestate share in the authorized capital exceeds fifty percent or is a value that provides the state with the right to decisive influence on economicactivity are recognized as economic entities of the public sector of the economythese subjects. Instead, the subjects of economicsector of the economy are entities that operate on the basis of communal property only, as well as entities in the authorized capital ofwhich the share of communal property exceeds fifty percent or is a value that provides local governments with the right to decide impacton the economic activities of these entities.There are two main features of corporate rights of the state in the subjects of public law: 1) management of such corporate rightsis carried out in the manner prescribed by a separate law; 2) the purpose of managing the corporate rights of the state is to meet stateand public needs.In 2016, Ukraine underwent a reform that resulted in a significant strengthening of the legal regulation of the activities of supervisoryboards in companies in the authorized capital of which more than 50 percent of shares (stakes) belong to the state. In particular,an important novelty was that the majority of members of the supervisory board in such companies must be independent members ofthe supervisory board. Thus, in relation to the corporate rights of the state, the legislator has established a number of special restrictions.In particular, the corporate rights of the state are prohibited to transfer to companies for the formation of their authorized capital, exceptfor the transfer to the authorized capital of state joint stock companies and state holding companies. This restriction is aimed at preventingcovert privatization or withdrawal of corporate rights from state ownership.Significant strengthening of legal regulation of supervisory boards in companies in the authorized capital of which more than50 percent of shares (stakes) belong to the state, resulted in the introduction of the provision that the majority of members of the supervisoryboard in such companies must be independent members of the supervisory board. An independent member of the SupervisoryBoard has equal rights and responsibilities with other members and independently decides on voting on all issues on the agenda of theSupervisory Board meeting.

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