Legal Aspects of Environmental Protection and Resort Development

1990 ◽  
Vol 21 (1) ◽  
pp. 1-16
Author(s):  
Kenichiro YANAGI
Author(s):  
Olena Savchuk

Problem setting. The functioning of legal relations of use and environmental protection is currently regulated by a number of regulations of different legal force and direction. All this legislation is aimed at ensuring a safe environment, stopping the negative climate change caused by industry, agriculture, low energy efficiency of buildings, lack of waste management system, as well as reducing carbon sequestration by the ecosystem. The object of research is the legislation that regulates the legal relationship regarding the use and protection of the environment in the field of innovation. The subject of the study is the state of the regulatory framework and legislative regulation of legal relations regarding the use and protection of the environment in the field of innovation. Analysis of recent researches and publications. Legal relations on the use and protection of the environment in the field of innovation have repeatedly attracted the attention of researchers. In particular, A.P. Hetman considered the issues of environmental and legal component of innovative entrepreneurship, G.V. Anisimova studied issues of environmental and legal aspects of regional innovation system, V.L. Bredikhina in the field of research were issues of legal support of environmental safety in the field of implementation innovation policy. Krasnova M.V. considered the introduction of innovative dominants of sustainable development in the environmental legislation of Ukraine. In addition, the scientific literature analyzed the legal basis for the introduction of innovative technologies in agribusiness (Bakai Yu. Yu.); legal support for the introduction of ecologically oriented innovations in Ukraine (Lebedeva T.M.), ecological innovation management in the mechanism of sustainable development (Zadykhailo D.D.). However, the study that would be aimed at analyzing the legal regulation of the use of environmental protection in the field of innovation was not yet, which prompted us to choose this topic of scientific work. Target of research is to identify and make proposals to current legislation in certain areas. The scientific novelty of the study is to make proposals to consolidate amendments to current legislation and proposals for the development of separate documents to regulate the functioning of legal relations of use and environmental protection in the field of innovation. Article’s main body. The normative-legal acts are researched, the scientific specialized literature is analyzed according to the chosen theme of scientific work. The need to amend the current legislation, the importance of developing regulations aimed at applying existing and developing new mechanisms to ensure the use and protection of the environment in the innovation sphere are identified and emphasized. Conclusions and prospects for the development. After analyzing the legal support for the functioning of legal relations of use and environmental protection in the innovation sphere, we came to the conclusion that today there is an urgent need to develop and implement a special legal act that would establish a set of measures to develop innovation in the use and environmental protection. The purpose of such a document, first of all, should be the mechanism of implementation of previously adopted regulations, expanding access to environmental information of the population, including interaction between scientific and educational institutions, the introduction of modern advanced technologies. As already noted during the dissertation, the issue we are considering goes far beyond just environmental legislation, so it should also be noted that the necessary harmonization of legislation between other institutions of law – economic, civil, tax and more. In addition to the above, I would like to emphasize that the Law “On Environmental Protection, acting as the main legislative document in the field of environmental relations does not enshrine issues of innovation, environmental innovation.


CERNE ◽  
2017 ◽  
Vol 23 (2) ◽  
pp. 161-174
Author(s):  
Sarita Soraia de Alcântara Laudares ◽  
Luís Antônio Coimbra Borges ◽  
Patrícia Andressa de Ávila ◽  
Athila Leandro de Oliveira ◽  
Kmila Gomes da Silva ◽  
...  

ABSTRACT The great expectation about the New Forest Code consisted in reducing the hermeneutics distortions and increasing legal certainty for farmers. However, the new legislation raised more uncertainties and discussions, mainly because it consolidates the anthropic use and allows of low-impact activities in areas that should, by law, be kept untouched. This study aimed to survey and to describe the legislation related to protected areas on the rural area (APP and RL), to analyze the consolidated forms of use, occupation and low impact activities that can be developed in these areas, and to propose sustainable technical alternatives for interventions in the areas already consolidated and their recovery. The text is based on literature and documents, elaborated on the survey and study of legal aspects about protected areas in rural properties of Brazil and the main low-impact farming techniques, highlighting the agroforestry systems as an alternative of consolidated occupations in environmental protection areas. The text provides in an organized way the main aspects of the legislation on such areas and describes the sustainable activities allowed in APP and RL according to the flexibility of the new Forest Code.


2007 ◽  
Vol 6 (1) ◽  
pp. 118-131
Author(s):  
Aboud S. Jumbe ◽  
N. Nandini

Water is cradle of life.To protect this precious resource, one needs a stringent enforcement system meant for its conservation, sanitation and supply.Environmental laws are meant to set standards for what people and institutions must do to control or prevent environmental pollution including water.After enactment it becomes the job of the central and state governments to make sure that those who are subject to these environmental protection laws know what they must do to comply.In this case,we have designated central and state institutions called the Central and State Pollution Control Boards respectively. Their primary role is the enforcement of the Environmental Protection Act(EPA) and its constituent statutory frameworks dating back to the Post Stockholm environmental laws such as the water (Prevention and Control of Pollution) Act of 1974.This paper provides an insight into the evolution and development of the legal aspects of water pollution and its environment-related laws in India.It gives an assessment of these environment-related laws in a context of Pre-Stockholm and Post-Stockholm statutory frameworks.The structural arrangements and functioning of the pollution control boards and the persistent challenges that they face in enforcing the laws of the land aimed at environmental protection are vital in understanding environmental management at policy and action levels.This is were citizen participation is vital.


Author(s):  
Arifin Maruf

Pollution and destruction of the environment are some of the severe threats to the conservation of the environment in Indonesia. The disturbed environmental balance needs to be restored as the giver of life and welfare benefits society by improving environmental protection, community development, and optimization of environmental law enforcement. It aims to maintain the existence of nature and aimed at solving environmental problems in Indonesia, primarily the caused by human activity. this case could be through civil, administrative, or criminal law so that it can cope with and take action against perpetrators of pollution, and the destruction of the environment and create a good environment, healthy, beautiful and comfortable for all people. Keywords: Environmental Law; Environmental Damage; Indonesia.


Mineralogia ◽  
2017 ◽  
Vol 48 (1-4) ◽  
pp. 63-69 ◽  
Author(s):  
Dorota Tomaszewska-Krojańska ◽  
Jacek Pranagal

Abstract This paper presents the legal aspects of the management of wastes that can be used as sorbents in environmental protection. The legal status of wastes with mineral characteristics - Carboniferous rock and mineral wool from horticulture - is discussed, where it is found that the number of legal acts cause difficulties in the utilisation of such wastes.


2018 ◽  
Vol 9 (3) ◽  
pp. 633 ◽  
Author(s):  
Maria Mikhailovna MUKHLYNINA ◽  
Elena Ivanovna SHISHANOVA ◽  
Andrey Igorevich NIKIFOROV ◽  
Natalya Yevgenievna RYAZANOVA ◽  
Konstantyn Anatolyevich LEBEDEV

The article is dedicated to the economic and legal aspects of environmental protection when using artificial water bodies. It was proved that to improve the efficiency of administrative responsibility for environmental crimes, the size of compensations and penalties should exceed the cost of actions of environmental protection. This will encourage the entities using artificial water bodies to provide advantages to the measures of environmental protection when using artificial water bodies formed within the limits of private land lots. It was offered to distinguish the legally valid and illegal damage to the environment. It was determined that the payment of compensation for the damage to the environment on the base of the special permission of the authorities was not considered a civil and legal liability. The payment of such compensation shall be considered a term for the legal use of the artificial water body by the methods that can be the reason for the damage to the environment.


2019 ◽  
Vol 53 ◽  
pp. 262-268
Author(s):  
Mykola Nazaruk ◽  
Volodymyr Bilaniuk

Ukraine has a unique chance during the next 5 years to form a new model of a territorial system based on the strength of the united communities. The greatest achievement of this reform is the ability for communities to plan their own development, transfer of powers and resources to local communities. To a large extent, this relates to the spatial planning system, which obviously needs to be improved in line with European standards, including environmental protection. The purpose of this article is to consider the geographical aspects of spatial planning of territories in conditions of decentralization and their role in ensuring a high level of environmental protection and promoting the integration of environmental considerations in the preparation and approval of projects and programs to ensure sustainable development of the territory. The author considers strategic environmental assessment as an integral part of decentralization, which focuses on modern concepts of the territorial organization of society, the natural frameworks of ecological safety of territories. The legal aspects of the strategic environmental assessment procedure (SEA) have been analyzed. Strategic environmental assessment is carried out by assessing the environmental protective components and their functions. It contains the characteristics of natural resource potential, the task of environmental protection, the recommendations of environmentally advisable nature management. It is noticed that in each territorial community the main directions of research, depending on the territory of planning, may be varied: removal of technogenic cover and land reclamation, restoration of groundwater level, increase of forest area, reducing pollution of harmful substances, noise, increasing the value of the landscape. Implementation of strategic environmental assessment in the communities of the region is limited: inconsistency of different plans, low level of availability of general plans of settlements, lack of funding, staffing. Key words: strategic environmental assessment, territorial community, decentralization, spatial development of the territory.


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