scholarly journals POLICY-LEGAL INSTRUMENTS OF INDIRECT ENVIRONMENTAL MANAGEMENT

2021 ◽  
Vol 70 (4/2020) ◽  
pp. 189-204
Author(s):  
Jelena Šogorov Vučković

Effective environmental protection cannot be imagined without direct management of such protection by state authorities through legal prohibitions and orders, permits, approvals and exemptions, mandatory notifications, control, and repression measures of the state administration, etc. Yet, in modern environmental systems, instruments of indirect influence on the addressees of norms are gaining increasing importance, with the aim of influencing their desirable behaviour through citizens’ awareness. Such instruments are used by law primarily in the field of prevention, with the aim of preventing environmental damage. When using indirect means, the state appeals to the addressees to act appropriately to protect the environment, but without forcibly sanctioning behaviour, if that appeals are not accepted. This paper analyses the nature of indirect instruments, such as public information, economic incentives of the classical and modern types, as well as environmental agreements, with an indication of their role and importance in modern environmental systems.

Author(s):  
Массеров ◽  
D. Messerov

The experience of the industrialized countries on the state of the environment monitoring convincing shows that their success in environmental regulation are mainly due to the use of modern environmental management methods. The experience of the European Union concerning the control mechanisms in the field of environmental protection and the possibility of its application in Russia are analyzed.


SASI ◽  
2021 ◽  
Vol 27 (1) ◽  
pp. 84
Author(s):  
Agung Budi Prastyo ◽  
Rodhi Agung Saputra ◽  
Dauri Dauri ◽  
Ricco Andreas

This research is a research that aims to identify and examine the application of authority related to environmental management in Way Kanan Regency and to find a model of good environmental supervision and management in the district by the Environment Agency in realizing good governance. The method used in this study is a normative-empirical research method using a statute approach and in-depth interviews. The findings of this study are that the implementation of the authority of the environmental services in the regions is not optimal so that environmental damage occurs and the model of environmental protection and management, waste and waste that uses the principles of good governance is optimal. It is hoped that future regulations related to the authority of the environmental services in the regions must have broad powers, covering aspects of planning, implementation, supervision and law enforcement. Its duties and functions must integrate the coordination and operational functions, and there is a clear arrangement of relations between institutions related to environmental management.


2020 ◽  
Vol 10 (4(73)) ◽  
pp. 39-44
Author(s):  
S.A. Pavlova ◽  
I.E. Pavlov ◽  
O.O. Shelepova

In the Balkhash basin, an independent sustainable population of asp fish has formed, which is of great importance in industrial and recreational fishing. In the Republic of Kazakhstan, Lake Balkhash is one of the main fishing reservoirs. In the last decade, this region has experienced a powerful diverse anthropogenic and technogenicimpact, which has led to significant negative changes in aquatic and terrestrial ecosystems. The role of the state in the regulation of environmental management and environmental protection.


The concept of land management and rational land use is defined. The influence of digitization on the state administration of rational use of agricultural land is investigated. The analysis of the development of electronic administrative services in the field of land relations of Ukraine on the principle of its extraterritoriality is carried out. Modern ways of counteracting irrational conduct of agrarian activity on the state level have been revealed. Methods of stimulating responsible use of land resources by agricultural producers are investigated. The problems of environmental management at the level of economic entities are explored that mainly covers the principles, peculiarities of positioning and the importance of prudent use of agricultural land. The necessity of fixing the principles of stimulating the process of efficient and environmentally friendly land use in the agricultural sphere on the state level is substantiated. Keywords: digitalization, digital technologies, environmental management, state administration, rational use of land resources.


2018 ◽  
pp. 12-16
Author(s):  
DEMUR CHOMAKHIDZE ◽  
DAVID NARMANIA DAVID NARMANIA

The article views environmental protection issues in the energy sector of Georgia. Trends of developing energy complex are discussed and assessed envisaging ecological requirements. It is indicated that energy complex is the most polluting one among the fields of material production. Focus in made on ecological problems of the land, including cultivable ones, water, climate and other fields. The Georgian experience is presented in respect with meeting these challenges. At the end, views are given for improving the situation. Points to be stressed are: - Rational production and usage for energy resources, creation of energy recourse-conserving, low waste or no waste environmentally clean technologies, reduction of emissions, and thermal gases polluting an environment, decrease of harmful action of industrial and other waste and waste utilization;- Construction and reconstruction of systems of protection of environment, including increase of rates of filtration and neutralization of natural substances in the exhaust gases, waste water, cleaning of ground polluted and damaged during construction and operation of energy facilities, and also usage of industrial waste as secondary raw material; - Provision of economic incentives of rational use of casing-head gases, suppression of practice of their burning in their torches (first of all at the experience of creation of economically favorable conditions for use of such gases);- Introduction of environmentally clean technologies of coal burning in thermal power stations and other enterprises, as a condition of coal use prospects;- Improvement of coal fuel quality (including its enrichment, processing, bracketing etc.);- Usage of mine methane;- Growth of production of high-quality engine fuels appropriate to the European standards, improved for conformity with the requirements of the advanced legal base for polluting substances and exhaust gases emitted as a result of oil products combustion;- Development and realization of the programs of minimization of environmental damage caused by construction and functioning of hydroelectric power stations;- Organization of works of certification of environment protection technologies and means;- Organization of experts training working in a sphere of an environmental protection.


Author(s):  
Joachim Wolf

The most important difficulty facing a Rechtsstaat  idea when it comes to the realization of "sustainable development", lies in the structural differences between the constitutional order based on the Rechtsstaat on the one hand, and the dynamics of political and economic planning on the order.  "Sustainable development" is development that links ecology and economy in such a way that ecological harm is minimized.  Development should therefore be in the interest of future generations.There is, however, not yet much legislation concerning environmental protection, because the Rechtsstaat finds itself in a position where it cannot take sides.  In no circumstances can the state legalize the ecological aspect, for this will presuppose state interference in the economic system,  therefore violation a principle of the Rechsstaat.  Environmental protection could thus easily be misused as the basis for allowing the state to directly manipulate the economic process.The state has the duty to invoke which measures which could help to regulate environmental harm and to create a legal basis for future economic and technological developments which are compatible with environmental protection.  The German Constitutional amendment of 1994 deliberately did not take up environmental protection in the catalogue of fundamental rights.  In terms of German constitutional law, state goals bind the legislature and should be translated into legislation.  Article 20a GG formulates environmental protection as a state goal.It would be seem to be fair to suggest that the most important contribution towards getting to grips with the responsibilities of the Rechsstaat in promoting environmental protection has been made by legislative bodies in European as well as in German environmental law.  The legislative measures require that precautionary measures should be taken by those who cause the environmental damage or risk.  Environmental protection and economic development are inseparable in state politics.  While planning economic policy the state has to take into account the environmental impact of such policy in order to give effect to the precautionary principle.  The precautionary principle thus has a regulatory character and a planning law dimension.In a Rechtsstaat the state can regulate environmental protection only through the precautionary principle so as not to interfere in economic policy.  Only in this manner can "sustainable development" be maintained.


2018 ◽  
Vol 2 (2) ◽  
pp. 193
Author(s):  
Dewi Saraswati

ABSTRACTThe right to information is crucial because the more open the public scrutiny of the state administration, the more accountable the state administration is. Each public agency has the obligation to open public access to information relating to the Public Agency for the wider community, especially LIPI (Indonesian Institute of Sciences). Therefore, it is important to examine the implementation of the Public Information in LIPI in order to prevent acts of corruption. Based on the results of the research, it can be concluded that as the implementation of good governance, especially the embodiment of the principles of transparency in order to prevent acts of corruption, LIPI has conducted Public Information Disclosure. LIPI has provided Whistle-blowing System (WBS) as a means to facilitate information providers who want to report allegations of corruption in LIPI. For general information requests related to LIPI can be accessed via http://wbs.lipi.go.id/ 


2019 ◽  
Vol 5 (2) ◽  
pp. 164
Author(s):  
Sarah Pasha Fadilla ◽  
Hesti Dwi Astuti

Environmental problems are increasingly prominent and complex issues in line with the increasingly intensive human intervention on the environment. Aware that human activities in the context of meeting their needs can have an impact on their environment, humans strive to carry out environmental management. Planting lemongrass in the district of Sukanagara turned out to harm the environment such as drought, landslides and floods, nutrient-poor. The results showed that some people considered that the planting of lemongrass was not so damaging to the environment. Hence, it lacked a sense of care for the surrounding environment resulting in environmental damage. The efforts that can be carried out are as follows: Planting system, with horticulture planting patterns, Planted in the form of terracing or swales, by intercropping, evaluating soil fertility.Keywords: Citronella Planting; Environmental protection; management.


Author(s):  
Tatyana Sergeevna Sobol

The article examines the problems of the state administration apparatus, using the example of the Committee on Environmental Management, Environmental Protection and Environmental Safety of St. Petersburg.The subject of the study is the activities of the Committee on Natural Use, Environmental Protection and Environmental Safety in St. Petersburg. The Committee on Environmental Management, Environmental Protection and Environmental Safety of St. PetersburgOffice of The Environment, Use, Conservation and Reproduction of Natural Resources.The Committee’s tools include: legislative activities, organizing events, ensuring the organization of monitoring, organization and control, informing the population, legal entities in the field of environmental protection. The Committee’s main activity is to implement the «Environmental Policy of St. Petersburg for the period up to 2030.»From 2013 to 2019, measures to reduce negative impacts and pollution in the environment, air and water resources have been implemented.Despite the large number of activities implemented, achieving the Committee’s objectives and environmental policies presents a number of challenges. This article aims to develop proposals to improve the stimulation of the population and business community, to ensure a favorable state of the environment, as well as to preserve natural ecological systems and natural resources to meet the needs of future generations, to realize the right of every person to a favorable environment and to ensure the environmental safety of St. Petersburg.


Author(s):  
Mile Ilić ◽  
Aleksandra Ilić Petković

State administration and local self-government have numerous competences, which, according to the Constitution of the Republic of Serbia, have been elaborated through special laws. One of the specific competencies is the protection of the environment. There are many legal documents regulating this matter - from the Constitution to by-laws and acts at the level of local self-government units, so it can be said that the legal regulation in this area is extensive but not yet complete. In addition, the state administration, as a part of the state authority, plays a significant role in environmental protection policy, and local self-government authorities enable the implementation of this policy directly in immediate communication with citizens.


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