scholarly journals ENVIRONMENTAL INSURANCE FUNCTIONS: LEGAL ASPECT

Author(s):  
N. Tkachenko ◽  
T. Shokha ◽  
Yu. Vlasenko ◽  
A. Yevstihnieiev

The state of regulatory support of the compensatory and preventive functions of environmental insurance has been studied. As a research method, a systematic approach has been chosen, which explores environmental insurance not only as a separate type of profit-seeking activity, but first of all as the component of economic and legal mechanism in the field of environmental relations, an element of the legal mechanism for providing environmental safety and a means to prevent and compensate for environmental abuses. The system of environmental funding sources financing has been analysed. It is determined that, unlike other funds for financing environmental protection measures, environmental insurance funds are used exclusively to protect the policyholders’ proprietary interests. Despite the fact that in case of an insured event occurrence a natural object may be destroyed or damaged, the obligation to use the funds received as insurance payments for environmental protection measures is not provided for in the legislation of Ukraine. It has been established that the possibility of using the insurance funds in environmental insurance for financial support of preventive measures related to the reduction of environmental insurance risk, provided for by the environmental legislation of Ukraine, contradicts the provisions of the insurance legislation of Ukraine as it pertains to insurance reserves placement. The conclusion has been drawn on the suitability of legal support of the ecological function of environmental insurance, which is to ensure the quality of the environment. In order to reflect the ecological function of environmental insurance at the regulatory level, it has been proposed: to capture in the legislation of Ukraine the obligation of the insured to use the insurance payment associated with causing harm to natural objects, to restore the wholesomeness of such objects and to eliminate the negative changes in the environment that led to the occurrence of the relevant insured event; to create a guarantee fund for financing activities related to the environmental insurance risks mitigation.

2017 ◽  
Vol 21 (1) ◽  
pp. 198-208 ◽  
Author(s):  
E. V. Vorontsova ◽  
A. L. Vorontsov

The paper discusses the current problems of the Russian environmental law related to the need of improving the mechanism for the legal regulation of environmental activities in the Russian Federation. The authors emphasize importance of environmental problems and need for serious systematic work of state bodies, as well as participation of civil society to solve them. The need for an organizational and legal framework, which should be the foundation of all nature protection activities, is noted. Analyzing the state of environmental legislation, the authors conclude that, despite a large number of regulatory acts, the environmental and legal mechanism of the Russian state is not entirely effective. Justifying their position, the authors focus their attention on technical, legal and theoretical problems of the mechanism of legal regulation of nature protection activities. Among the existing problems, the authors highlight systemic problems of environmental legislation, the essence of which is the duplication and absence of internal unity of regulatory material. The reasons for this are chaotic work of the legislator and the lack of a single long-term plan for his work in the field of environmental protection. In addition to the above-mentioned problem, there is another problem of interpretation of such terms as "environmental safety", "ensuring environmental safety" and " environmental protection". All have been well analyzed. The need for resolving these issues for the practice of environmental activities, as well as their academic significance, is explained. The paper presents doctrinal points of view, as well as the author's position on the causes of some debatable issues in the scientific environment. The authors propose a solution. The features of the legislative consolidation of the terms of "environmental protection" and "ensuring environmental safety" are noted. According to the authors, it does not contribute to the development of a unified opinion on their correlation and creates the prerequisites for further discussions. In general, the authors conclude on imperfection of the legal mechanism regulating relations in the sphere of environmental protection.


2017 ◽  
Vol 21 (1) ◽  
pp. 177-183 ◽  
Author(s):  
E. V. Vorontsova

The paper is devoted to the problematic issues of the legal regulation of nature protection activities in the Russian Federation. The author notes that a sharp deterioration of the ecological situation indicates a crisis of the previously existing paradigm of human-environmental interaction. Therefore, the situation requires full-scale measures within the state's environmental strategy. However, the change of the environmental state policy as a whole and the improvement of the legal mechanism of environmental relations in particular encounters a number of theoretical and practical problems, which have not been solved. The author pays attention to the problem of determining the priorities of environmental and legal protection, which is very important in the process of establishing the optimal ratio in the "human-nature" relations. The result of solving the problems influences the objectives of the state environmental policy, as well as the objectives of the Environmental Safety Strategy. The author analyzes the main aspect of the considered problem, the essence of which is ambiguity of the fundamental object in ecological relations. It is noted that today there are two points of view on this issue in the Russian legal science. According to the first one, the object of legal protection is exclusively environmental interests of a man. Accordingly, the protection of nature must be carried out exclusively in the interests of his life and health. Supporters of the second point of view believe that the nature as a whole should be a priority in legal protection. The author notes that the choice of a particular conceptual position (and, accordingly, the priority of environmental and legal protection) depends on the world outlook on the role and place of a man in the world. At the same time, problems of a technical and legal nature, connected with internal logic and subordination of legal norms regulating ecological relations worsen the situation. The author concludes that there are internal contradictions in the mechanism of legal protection of the environment.


Author(s):  
Vitaliy LUTSYAK ◽  
Inna TOMASHUK

The article analyzes the systematic strategy of transition of rural territories to the ecologically friendly way of development and production of organic agricultural products, which will solve a number of acute socio-economic and environmental problems and is one of the most difficult stages of reforms in Ukraine. The essence of the ecological mechanism, which is a set of tools, the ultimate goal of which is the achievement of positive results in the environmental sphere, is disclosed. Attention is drawn to the fact that in some regions about 250 kinds of various wastes are produced. It is determined that the presence of different types of productions in the region causes the diversity of qualitative composition of wastes. It is stressed that at the expense of the regional fund of environmental protection in the region a number of environmental protection measures are being implemented, for which the regional budget is planning to allocate 115.2 million UAH. According to the data of the Main Directorate of Statistics in Vinnytsia region, it was investigated that in 2017 Trostyanets district is showed the largest indicator of waste generation, which was 26651.0 tons, Orativ district ranked second, with the total amount of wastes 14313.8 tons, the third – Khmilnyk district, the amount of waste in which equals to 10386.5 tons. A detailed analysis of waste management in Vinnytsia region in 2017 shows that the largest amount of waste utilization was carried out in Kryzhopil district, the total amount of which was 156613.5 tons. It is emphasized that the funds of the Environmental Fund are aimed at implementing the following 69 measures, among which: - treatment of solid household and chemical wastes – 28 projects worth 36.6 mln; - preservation of nature reserve fund (parks) – 4 projects in the amount of UAH 1.0 million; - preservation of water reservoirs and rivers – 12 projects in the amount of UAH 9.7 million; - completion of re-stocking and storage of unsuitable pesticides – 1 measure in the amount of 0.1 million UAH; - measures related to the technogenic situation in the regions (sewage treatment facilities and sewage networks) – 14 projects worth 42.4 mln; - wildlife preservation – 3 projects for UAH 1.0 million; - other – 7 projects worth 24.4 mln. SWOT analysis was carried out – the establishment of key interconnections between the strengths and weaknesses of the parties with potential and threats of further development of the Vinnytsia region. Strategic objectives of environmental safety of Vinnytsia region are determined depending on the mutual influence of individual factors of the external and internal environment. Conclusions are made that it is necessary to raise the level of ecological awareness of the society; to carry out measures on ensuring environmental safety and reducing the technogenic load on the environment. It is determined that the strong sides of the region are the presence of significant reserves of mineral raw materials, fertile agricultural land, the absence of powerful environmental pollutants and ecological districts. The weak side of Vinnytsia region is the insufficient dynamics of growth of small and medium business. On the base of the SWOT analysis, it was determined that among the key problems in the development of Vinnytsia region that impede the harmonious development of the region is the lack of development of innovation policy and, as a result, the lack of innovation infrastructure, the insufficient use of scientific, technological and production potential available in the region.


Author(s):  
О. Baik ◽  
L. Yarmol ◽  
М. Sirant ◽  
H. Popadynets ◽  
N. Stetsyuk

Abstract. The article deals with the analysis of economic and legal aspects of rational nature management as a component of ecological safety. The ecological problems of the current state of the natural environment of the country are analyzed. It is stated that environmental security is one of the most important components of national security of Ukraine, which depends on the rational use and reproduction of natural resources. The concept of rational nature management is formulated, the concept consists in the sphere of production and scientific activity aimed at the study, development, protection and transformation of nature in order to ensure favorable conditions for human life. It was found out that the rational use of nature necessarily involves the economic and legal component, which lies in getting the most out of economic and other activities in the use of natural resources at economically reasonable costs. The concept of economic and legal mechanism of nature management is defined, which is enshrined in the system of economic and legal measures, incentives and other regulators aimed at ensuring environmental protection, environmental safety and organization of rational nature management and is based on the concept of payment for the use of natural resources, introduction of economic and legal responsibility. Proposals have been formulated as for the implementationof additional measures of fiscal regulationof nature use by Ukraine, granting tax benefits to enterprises implementing relevant environmental protection programs, insurance of environmental risks. Key words: ecological safety, rational nature use, economic and legal mechanism, legal regulation, environment, norms of law. JEL Classification К32 Formuls: 0; fig.: 0; tabl.: 3; bibl.: 23.


1997 ◽  
Vol 33 (3) ◽  
pp. 315-316
Author(s):  
E. A. Artemenko ◽  
O. A. Troshkin ◽  
L. A. Tarasova

2013 ◽  
Vol 869-870 ◽  
pp. 786-790
Author(s):  
Chen Chen Zhang

The strategies for sustainable development have been included in the medium and long term plan of 2010 for national economic and social development. Protecting the environment is the most important prerequisite and safeguards for the sustainable development strategy. In the study, we described the history of the environmental problems in the world, the proposal and implications of sustainable development, and outlined the dialectical relationship of development with the environment. The environmental protection measures for sustainable development were proposed here, according to the environmental situation severely affecting its biophysical environment.


2021 ◽  
pp. 12-21
Author(s):  
Elena Zaliznyak ◽  
◽  
Sergey Zhbannikov ◽  
Nataliya Morozova ◽  
◽  
...  

Industrial enterprises and other business entities whose activities involve direct or indirect impact on environmental components must comply with legal requirements in the field of environmental protection. Over the past 5 years, there have been significant changes in environmental legislation. All objects that have a negative impact on the environment are subject to state registration. When registering an enterprise, it is subject to assignment to one of four categories of objects of negative impact, depending on the industry affiliation, production capacity, chemical composition of emissions, discharges, and other criteria. Currently, legislative innovations are aimed at business development and reducing the administrative burden on business entities, but this creates a threat to the safe operation of industrial facilities. There are more than 340 thousand objects of negative impact on the territory of Russia, of which one third is subject to Federal supervision. According to 2019 data, less than 4% of enterprises had their operational safety audits performed. The detection of violations of the requirements of legislation in the field of environmental protection, as well as failure to eliminate the identified violations, indicates the formation of potential threats to environmental safety. Taking into account the current economic crisis, in which solving environmental problems will not be a priority for business structures, the protection of the population and the natural environment is fully transferred to the state level.


2017 ◽  
pp. 182-191 ◽  
Author(s):  
Tetyana Radevych ◽  
Yuliya Nochovna ◽  
Nataliya Samburs'ka

Introduction. Effective stimulation of the activities of national enterprises in the direction of environmental protection, reduction of the negative impact of production on the environment, increase of innovation and investment attractiveness, environmental image and improvement of the ecological situation in Ukraine becomes possible on condition of the development and practical testing of the methodology for assessing the overall level of environmental safety of the enterprise. Purpose. The article aims to develop an integrated index of the overall level of environmental safety of the enterprise, to justify the possibility of using correlation and regression analysis to confirm the interrelationship between its components. Methodology. The fundamental aspects of the general economic theory, the economics of nature usage and environmental protection, statistics and econometrics have become the methodological basis of the article. The article uses correlation and regression analysis, comparative analysis, method of relative values, methods of economic and mathematic modelling etc. Results. In the article the formula for calculation the integral index of the general level of ecological safety of the enterprise is developed. It is based on three partial integral coefficients: the integral coefficient of environmental damage; integral coefficient of influence of economic factors; the integral factor of the impact of environmental and economic factors. The use of correlation and regression analysis has confirmed the adequacy of the developed economic and mathematic model, the reality of interconnections and interdependencies between its indicators.


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