scholarly journals THEORETICAL ASPECTS OF LEGAL REGULATION OF ENVIRONMENTAL ACTIVITY: THE CONCEPT "ENSURING ENVIRONMENTAL SAFETY" IN RELATION WITH THE CONCEPT OF "ENVIRONMENTAL PROTECTION"

2017 ◽  
Vol 21 (1) ◽  
pp. 198-208 ◽  
Author(s):  
E. V. Vorontsova ◽  
A. L. Vorontsov
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Environmental Safety ◽  
Legal Framework ◽  
Legal Regulation ◽  
Environmental Legislation ◽  
Nature Protection ◽  
Systemic Problems ◽  
Legal Mechanism ◽  
Environmental Activities

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.

Legal framework for improvement of agroecology by cultivating jerusalem artichoke

2020 ◽  
pp. 59-66
Author(s):  
Mykhailo Kosmii ◽  
Vasyl. Kasiianchuk ◽  
Ruslan Zhyrak ◽  
Ivan Krykhovetskyi
Keyword(s):  
Environmental Protection ◽  
Organic Farming ◽  
Alternative Energy ◽  
Building Materials ◽  
Environmental Law ◽  
Jerusalem Artichoke ◽  
Legal Framework ◽  
Legal Regulation ◽  
Practical Application ◽  
Scientific Cognition

The purpose of this paper is to analyze and research the legal mechanisms which make it possible to improve agroecology through the organization of cultivation of Jerusalem artichoke.Methodology. The methodology includes comprehensive analysis and generalization of available scientific, theoretical, practical and applied material and development of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, historical and legal, logical and normative, systemic and structural, functional, normative and dogmatic, generalization methods. Results. The process of analysis and research highlighted the possibilities of cultivating Jerusalem artichoke for improving agroecology, namely improving the ecological state of the atmosphere air and soil, preparing them for organic farming. The article contains examples of practical application of tubers of Jerusalem artichoke and herbage for the production of therapeutic and prophylactic products, alternative energy and highly efficient building materials. Scientific novelty. The study found that the authors summarized and systematized the levels of legal regulation in the field of using Jerusalem artichoke for improving agroecology, preparing soil for organic farming, in particular: the inter-sectoral level which covers the interaction of agricultural and environmental law in terms of cultivation and use of Jerusalem artichoke; the level of integrated environmental and legal regulation; level of individual resource (floristic) legal regulation; the level of environmental protection (anthropoprotection) legislation.Practical importance. The results of the study can be used in law-making and environmental protection activities related to issues of cultivating and using the Jerusalem artichoke as a means of improving agroecology.

Administrative responsibility for offense in the field of environmental protection

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Kidalov Serhii ◽  
◽  
Snizhna Valeriia ◽  
Keyword(s):  
Public Relations ◽  
Environmental Protection ◽  
Environmental Law ◽  
Scientific Work ◽  
Legal Rights ◽  
Scientific Article ◽  
Negative Consequences ◽  
Nature Protection ◽  
Legal Mechanism ◽  
Administrative Responsibility

The scientific work investigates the features of administrative liability for offenses in the field of environmental protection. A classification of administrative offenses in the field of environmental protection has been formed, where the most common method is classification by object of encroachment. A study of the composition of administrative offenses in the field of environmental protection. In particular, it is determined that the composition of environmental offenses consists of: object – public relations in the field of environmental protection; subject – a natural sane person aged 16 years; objective side – illegal behavior, causing harm to the environment or violation of legal rights of subjects of environmental law; the causal link between the wrongful conduct of a person and the harm caused, the subjective side – guilt, motive and purpose of the offense. The issues, essence, features and types of measures of administrative coercion in the field of nature protection, the system and types of administrative penalties, the causes and conditions of committing offenses in the field of ecology are studied. In particular, it is determined that the causes and conditions of environmental offenses can be divided into two groups: subjective (is circumstances that arise in a person's desire to commit them) and objective, which include negative consequences for the nature of some achievements of science and technology. In addition, the scientific article attempts to analyze the main mechanisms of prevention of administrative offenses in this area and on the basis of this analysis, the authors provide their own conclusions on improving the administrative and legal mechanism of environmental protection. Also, it is determined that the administrative remedies for the prevention of administrative offenses in the field of environmental protection in addition to the establishment of legal norms, rules, regulations and standards include: state control over environmental protection; persuasion measures; measures of administrative coercion applied for the purpose of prevention, cessation of offenses in the field of environmental protection and bringing the perpetrators to administrative responsibility, as well as remedial measures. It is proved that to improve the administrative and legal mechanism in the field of ecology, our state should introduce: the use of legal, scientifically sound approach, a system of assistance to enterprises in the field of environmental modernization of production, adoption of the «polluter pays» principle, training and retraining of civil servants, environmental sphere. Keywords: administrative offenses, environmental protection, administrative and legal mechanism, composition of administrative offenses, administrative coercion, administrative and legal measures

scholarly journals LEGAL NATURE OF THE ENVIRONMENTAL IMPACT ASSESSMENT

2019 ◽  
pp. Tetiana-OVERKOVSKA
Author(s):  
Tetiana OVERKOVSKA
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Protection ◽  
Environmental Impact Assessment ◽  
Environmental Safety ◽  
Legal Regulation ◽  
Nature Protection ◽  
Legal Nature ◽  
Main Components ◽  
Management Functions

The main components of the legal nature of environmental impact assessment are considered as management functions in the field of environmental protection, rational use of natural resources and ensuring environmental safety due to the fact that the reasons for the current unsatisfactory state in the industry of natural resource use, environmental protection are ambiguous. It was determined that the legal regulation of environmental impact assessment should be considered an important step towards the harmonization of Ukrainian legislation with EU legislation in the field of environmental impact assessment. The procedural and rocedural aspects of environmental impact assessment are determined and reviewed, which are determined by a number of legislative and subordinate legal acts. It has been established that environmental impact assessment should be carried out in compliance with certain principles based on the provisions of current legislation on nature protection. The principle of the effectiveness of environmental impact assessment is analyzed through the prism of prohibiting or terminating the activity of an enterprise in case of violation of the legislation on environmental impact assessment. Attention is drawn to the legal requirements of the principle of reliability of information in relation to environmental impact assessment. The compulsory provision of the principle of publicity in the process of impact on the environment, aimed at timely, adequate and effective informing of citizens, has been established. It is proved that the publicity and reliability of environmental information on environmental impact assessment act as two interrelated legal categories. It has been determined that the legal nature of the environmental impact assessment is based on the provisions of the current legislation of Ukraine and is aimed at observing law and order in the field of environmental protection.

scholarly journals International legal regulation of the right to adequate environment

2003 ◽  
Vol 55 (1) ◽  
pp. 89-103
Author(s):  
Vid Vukasovic
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Environmental Law ◽  
Well Being ◽  
Legal Regulation ◽  
Environmental Legislation ◽  
International Treaties ◽  
Aarhus Convention ◽  
The Right ◽  
The Eu

The article deals with some key issues concerning the evolution of the concept of the right to adequate environment. The evolution took several decades to reach the present state in which it is obvious that the right has been accepted as one of the so called third generation human rights by both doctrine and practice, in international environmental law as well as in national environmental legislation of a number of countries. In the first phase of development only some elements of the right existed within the ?classical? human rights (the right to life, the right to health etc.) of so called first and second generation. The turning point was the UN Stockholm 1972 Conference on the environment. The right was inserted in the first principle, of the Declaration accepted by the conference, and already had most of its main elements: the right to adequate living conditions in an environment with the quality that not only guarantees healthy life but a life in dignity and well-being. After the Stockholm Conference, the right was embraced by a part of the doctrine, and increasingly mentioned and discussed within the frame of the UNEP, the relevant UN specialized agencies, as well as by some other international organizations active in the field of environmental protection. The result of this acceptance was an increasing insertion of the right in international treaties as well as in various declaratory documents, on both universal and regional levels. The author devotes a part of his article to the development in Europe, and especially to the work of the Council of Europe, the UN Economic Commission for Europe (UNECE) and the EU. The author believes that most important development in Europe occurred within the ?Environment for Europe Process?, under the aegis of the UNECE. The result of it was signing of the Aarhus Convention (1998), one of most important international treaties signed until now. First of all, it regulates two important fields - protection of human rights and protection of environment. In it not only the right to adequate environment is explicitly mentioned in the Art. 1, but the main elements of the right are regulated in detail. The three ?pillars? of the Convention are devoted to the right to environmental information, the right of citizens to participate in environmental matters and the right to access to justice in matters concerning the environmental protection. It should be added that the Aarhus Convention has become a part of the EU legislation. Due to that, the whole process of implementation of the convention has become unavoidable for all candidate countries, as a proof of their intent to apply in practice environmental legislation and to democratise their societies.

scholarly journals ENSURING LEGAL ENVIRONMENTAL SECURITY IN THE CONTEXT OF GLOBALIZATION, WORLD THREATS AND CHALLENGES ON THE EXAMPLE OF A PANDEMIC

2020 ◽  
Vol 24 (3) ◽  
pp. 513-529
Author(s):  
Akmal R. Nematov ◽  
Nafisa Sobitdukht
Keyword(s):  
Public Health ◽  
Environmental Protection ◽  
Human Health ◽  
Environmental Safety ◽  
Legal Framework ◽  
Legal Regulation ◽  
Environmental Security ◽  
Contemporary World ◽  
Constitutional Right ◽  
The Republic

The pandemic is one of those contemporary world challenges that today poses a global deadly threat to all mankind. Addressing the pandemic and ensuring human health through the lens of legal environmental safety seems to be timely. Adverse sanitary and epidemiological conditions, among other reasons, may arise out of the lack of a well-founded legal framework supporting the realization of the constitutional right of citizens to a favourable environment. The purpose of this article is to show the role of environmental security in preventing the sanitary and epidemiological crisis and ensuring public health. The article tried to analyse how environmental norms, rules of food and household hygiene were justified in the oldest monument of the Tajik people - Avesta, how the Zoroastrian religion explained the need to ensure sanitary and epidemiological safety of society and human health. Currently legal regulation of environmental protection and safeguarding public health attaches particular importance to such categories as health , life and safety . The last concept is increasingly filled with medical content worldwide. This is due to the fact that the category security is generally universal, and its application in legislation, obviously, implies certain reasons and consequences. The article briefly analyses the legal policy of the Republic of Tajikistan in the field of environmental legislation and public health. Mechanisms and directions for improving the current legislation in the field of environmental protection have been studied, and legal decisions on ensuring public health have been considered.

scholarly journals THE PROBLEM OF DETERMINING PRIORITIES OF ECOLOGICAL AND LEGAL PROTECTION: NATURE AND HUMAN HEALTH AS OBJECTS OF LEGAL

2017 ◽  
Vol 21 (1) ◽  
pp. 177-183 ◽  
Author(s):  
E. V. Vorontsova
Keyword(s):  
Legal Protection ◽  
Environmental Safety ◽  
Legal Regulation ◽  
Point Of View ◽  
Nature Protection ◽  
Legal Norms ◽  
The World ◽  
Ecological Relations ◽  
Environmental Relations ◽  
Legal Mechanism

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.

scholarly journals Legal regulation of environmental protection, management of natural resources, and environmental safety in construction sector

2018 ◽  
Vol 193 ◽  
pp. 02025 ◽  
Author(s):  
Elena Voskresenskaya ◽  
Lybov Vorona-Slivinskaya ◽  
Sergey Panov
Keyword(s):  
Environmental Protection ◽  
Building Materials ◽  
New Technologies ◽  
Environmental Safety ◽  
Legal Regulation ◽  
Construction Sector ◽  
Construction Process ◽  
Negative Consequences ◽  
Construction Sites ◽  
Nature Protection

The current state of the environment in general, including the construction sector, is experiencing an excessive technogenic impact. Therefore, the authors consider the process of ecologization as an important condition for ensuring the sustainability of the development of construction production. The paper concludes that innovative approaches in the development and implementation of environmental protection programs for construction based on fundamentally new methods of natural resource use, resource saving, transition to new technologies for the production of building materials and structures determine the main directions for improving technological and other processes in this area. The authors determined that the increase in the efficiency of environmental measures in construction sector depends mainly on the location of construction sites and the specific feature of this production. In this regard, at each level of the construction process, there is a danger of pollution of the natural environment, which entails negative consequences of anthropogenic nature. Developing and introducing organizational and economic methods of innovative nature protection activities into the construction production aimed at improving the environmental safety of construction process and upgrading the quality of the surrounding environment on adjacent territories to construction sites is an urgent task.

scholarly journals The concept, principles and functions of the legal technique of environmental legislation

Legal Ukraine ◽  
2019 ◽  
pp. 36-48
Author(s):  
Alexander Patlachuk
Keyword(s):  
Environmental Protection ◽  
Public Administration ◽  
Environmental Law ◽  
Social Institution ◽  
Legal Regulation ◽  
Internal Communication ◽  
Legislative Process ◽  
Environmental Legislation ◽  
Public Authorities ◽  
Natural Objects

The article deals with the content of the concept, of principles and functions of legal technique of environmental legislation. These principles are related to the processes of development of legal technique and environmental law, reflected the value of natural objects and provided a mode of their effective use. A study of such main categories of legal technique of environmental legislation is undertaken: a 1) concept; 2) principles; 3) functions. Summarizing the system of different approaches, it is formulated the term of legal technique of environmental legislation, which is a dynamic phenomenon that reflects the functioning of law, environmental legislation, taking into account the features of protection of use and reproduction of natural objects and includes a system of means of preparation and adoption of regulatory and legal acts aimed at preserving the environment. This definition makes it possible to streamline legislation on the use of nature conservation and reproduction and to limit human impact on the status of such objects. Among the principles of legal technique were: 1) humanism; 2) complexity; 3) science; 4) systematicity; 5) stability; 6) public administration. The principle of humanism is based on the ideas of a careful, caring attitude towards natural resources, which is reflected in the legal technique of draft legal acts. The principle of a comprehensive approach of legal technique of environmental legislation is connected with the necessity to take into account the difficult character of the legal regulation in this area. The principle of scientificity is connected with the necessity of observing the rules of legal technique, which is used in the preparation of environmental regulations. The principle of systematic characterized the orientation of the legal act, the preservation of internal communication and interdependence of all its parts and the logical sequence of placement of material. The principle of stability is due to the fact that the development of the environmental protection field was through the adoption of regulations aimed at the protection of the most important natural objects. The principle of public administration finds its realization when considering the legal technique of normative legal acts adopted by public authorities and local self-government. With the help of the functions of legal technique, tasks that are put before the law as a social institution are carried out and given that environmental norms are adopted by state bodies, some functions overlap with the functions of the state. The functions of the legal technique of environmental legislation are aimed at implementing the legislative process in this field, ensuring the legal nature of the legislation, promoting full and accurate reflection, clarity and accessibility of the content of acts. The following features of the legal technique of environmental legislation are highlighted: 1) axiological; 2) prognostic; 3) regulatory; 3) security, 4) information; 5) theoretical and methodological. Consideration of monitoring, preparation of cadasters, environmental expertise, normalization, state and public control in the field of environmental protection deserves special attention in the consideration of the functions of legal technology of environmental legislation. Theoretical and methodological function of legal technique allows to improve the process of preparation of regulatory acts to avoid inaccuracies, contradictions and conflicts in their content. Key words: legal technique, regulatory legal act, environmental legislation, public administration, principles of law, public authorities, functions.

Umweltschutzrecht in der Ukraine

2021 ◽  
Vol 67 (3) ◽  
pp. 335-352
Author(s):  
Oleksandr Bilash ◽  
Tetyana Karabin
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Protection ◽  
20Th Century ◽  
Environmental Impact Assessment ◽  
Environmental Law ◽  
Environmental Legislation ◽  
Nature Protection ◽  
Basic Law

This article provides an overview of the formation and development of environmental law in Ukraine. The review covers the period from the early 90 s of the 20th century to the present days. The paper reveals the essence and the significance of the basic law "On Environmental Protection", as well as special laws aimed at regulating certain issues. The reasons and results of the environmental law new institute formation - the institute of environmental impact assessment - are highlighted separately. The authors concluded that the development of environmental law in Ukraine in the coming years would be carried out in two main directions. First, it is the systematization of a large number of legislative acts in the field of nature protection. Secondly, it is the approximation of Ukraine's environmental legislation to EU environmental law.

scholarly journals RATIONAL NATURE MANAGEMENT AS A COMPONENT OF ENVIRONMENTAL SAFETY: ECONOMIC AND LEGAL ASPECTS

2021 ◽  
Vol 4 (39) ◽  
pp. 429-438
Author(s):  
О. Baik ◽  
L. Yarmol ◽  
М. Sirant ◽  
H. Popadynets ◽  
N. Stetsyuk
Keyword(s):  
Natural Resources ◽  
Environmental Protection ◽  
Environmental Safety ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Nature Management ◽  
Ecological Safety ◽  
Rational Use ◽  
Rational Nature ◽  
Legal Mechanism

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.

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