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 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.

scholarly journals Legal relations peculiarities as a subject of legal regulation in the complex law branch

2020 ◽  
Vol 5 (5) ◽  
pp. 15-22
Author(s):  
Lyudmyla Dobroboh
Keyword(s):  
Public Relations ◽  
Natural Resources ◽  
Environmental Protection ◽  
Theoretical Study ◽  
Environmental Law ◽  
Legal Regulation ◽  
Future Generations ◽  
The Subject ◽  
Selection Of

The article deals with theoretical study of the selection of specific features of legal relations of complex lawbranches on the example of environmental law. Today, the subject of legal regulation in this area is public relations for environmental protection and rational use of natural resources in order to ensure the quality of the environment in the interests of present and future generations.

Principles and Rules of Law as Abstract and Specific Legal Regulators

2019 ◽  
Vol 1 ◽  
pp. 14-20
Author(s):  
V. Yu. Panchenko ◽  
◽  
V. N. Vlasenko ◽  
◽  
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Rights ◽  
Negative Consequences ◽  
Legal Principles ◽  
Legal Rules ◽  
Legal Nature ◽  
General Abstract ◽  
Legal Consequences

The author substantiates the thesis that legal rights and obligations (permissions, obligations, prohibitions) by the method of their logical and linguistic expression can be concrete and abstract. The first way is inherent in legal rules, the second – in legal principles. Principles of law are able to act as a guide to action, i. e. to direct, regulate behavior in the most general, abstract form, not only along with, but also instead of the rules of law (regulation of social relations by principles). The author proves the unfoundedness of the theoretical provisions considering principles of law as normative generalizations (since there are cases when there are no norms to be generalized, but there are principles governing this area of public relations) and interpreting principles of law as permitting normative generalizations (since principles can both oblige and prohibit one behavior or another). A theoretically productive and useful for legal practice understanding of principles of law as the initial legal regulator of public relations (V. Ershov) is additionally argued. With this approach, it is possible to objectively detect specific and abstract rules of behavior governing particular segment of public relations in the texts of formal sources of law. The possibility of legal consequences (of both positive and negative nature) of implementation or non- (or improper) implementation of legal principles is indicated. The legal nature of the principles of law is emphasized and the negative consequences of giving the role of the principles of law to social, moral, political and other categories, ideas and ideologies are identified.

Features of administrative responsibility for road safety violations

2021 ◽  
Author(s):  
Daria Hlushkova
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Road Safety ◽  
Road Traffic ◽  
The State ◽  
General Level ◽  
Negative Consequences ◽  
Road Accidents ◽  
Road Users ◽  
Administrative Responsibility

Problem setting. At present, road traffic is one of the main elements of modern states. Using different types of vehicles, people have the opportunity to move faster, do freight, thereby facilitating their work in all areas of activity. This contributes to the development of economic activity, social activity and road infrastructure, but at the same time there are a number of negative consequences associated with traffic injuries, economic and social damage caused by road accidents. Today, about 7,000 people die in road accidents each year and nearly 4,000 are injured; every 12 minutes there is a car accident; almost every 1.5 hours a person dies. In Ukraine, the statistics of road accidents for the period from 01.01.2021 to 31.05.2021 amounted to 70774 – 22.2%. It is possible to reduce these indicators under the condition of introduction of the state program of the correct design of roads, and also increase of administrative responsibility for violation of traffic rules. And what do we see when we look at the statistics of the last five years? And the fact that accident statistics are really scary, and is constantly growing. Law enforcement officers are constantly publishing regular collections of data on road accidents in the country. The tables are full of red numbers, the color of which indicates the deterioration of basic safety indicators. Target of research is a comprehensive scientific study of administrative liability for violations of traffic legislation, its features, as well as improvement by amending legal acts will positively affect the development of transport – road complex of Ukraine and contribute to strengthening road safety as a component of national security. The main purpose of the study is to lay the groundwork for administrative liability for road safety offenses on the basis of a comprehensive analysis of scientific sources, generalization of legal material and law enforcement practice. The object of this work is public relations, which are formed in the process of ensuring administrative liability for violations of legislation in the field of road safety in modern conditions. Analysis of recent researches and publications. Issues of road safety in different volumes are reflected in studies conducted by: O. Bandurka, T. George, D. Medvedev, Yu. Piroshkova and others. At the general level, the concept of “road safety” as a component of public safety was studied by A. Basov, В. Glushkov, M. Inshin, O. Copan and others. These scientists analyzed the problem of improving the administrative and legal responsibility of road safety and proposed to improve measures that will ensure the safety of all road users. However, the relevance of this topic is due to the constant updating of Ukrainian legislation, based on the provisions of which is the rule-making regulation of this area of public relations. Article`s main body. The article defines the features of administrative responsibility for violation of road safety. The author considers changes in the legislation regulating administrative responsibility in the field of road safety. The analysis of the number of road traffic accidents (RTA) and their consequences over the past five years was also carried out. The study of this problem is relevant, since the analysis of static data on the number of road accidents indicates a low level of traffic safety and a high accident rate on highways. Conclusions and prospects for the development. Based on the above, we can conclude that the current legislation in the field of administrative liability for violations of road safety is quite extensive and provides for various types of administrative penalties aimed at saving lives and reducing socially dangerous accidents. Also, the legislative definition of the term “traffic” is not provided either in the Code of Administrative Offenses or in the Law of Ukraine “On Road Traffic”. I propose to define and legislate the concept of “road safety” as a set of factors and mechanisms that regulate legal relations, establish responsibility, describe the typical mechanisms and rules of conduct of all road users in the state.

scholarly journals Foundations of Ecocentric Law

2021 ◽  
Vol 9 (4) ◽  
pp. 72-98
Author(s):  
Senko Pličanič
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Legal Philosophy ◽  
Scientific Article ◽  
Global Level ◽  
Law Of Nature ◽  
Cultural Paradigm ◽  
Material Progress

This scientific article discusses the reaosns for inefficiency (“impotence”) of modern environmental law as a normative reaction to the “destruction of Nature.” The scope of the destruction of Nature has been broadening. The environmental protection law has thus not influenced the resurrection of “destroyed Nature.” The essential reasons for the current excessiveness (intemperance) of man’s interaction with Nature (the reasons for the “destruction of Nature”) and/or reasons for the inefficiency of the modern environmental law should be sought for in the dominant anthropocentric cultural paradigm of the western cultures oriented towards an un-limited material progress. If anthropocentrism (exploitativeness) as the basis of human utilitarian interaction with nature has led to the “destruction of nature,” there is no doubt that the ecological reason remaining within the anthropocentric construction of Nature can not lead to its “resurrection.” Only the setting-up of the ecocentric construction of Nature may lead to the “resurrection” of Nature. This orientation must be followed by the nomos of the western cultures. A new law of nature on the basis of the new, ecocentric ontology and ethics is therefore necessary. This article thus alalyzes the foundations of new ecocentric legal philospohy. This approach is original at the global level and is important at both the theoretical and applied levels. The new ecocentric legal philosophy should become the foundation of modern environmental law. Keywords: inefficiency of modern environmental law.

9. The many forms of environmental justice

2017 ◽  
pp. 110-124
Author(s):  
Elizabeth Fisher
Keyword(s):  
Environmental Justice ◽  
Environmental Protection ◽  
Environmental Law ◽  
Environmental Problems ◽  
Legal Rights ◽  
Political Complexity ◽  
New Ideas ◽  
The Creation ◽  
The Many ◽  
Environmental Democracy

For many lawyers and non-lawyers alike environmental law is, and should be, about justice. The socio-political complexity of environmental problems means, however, that justice in the environmental law context is not a single ideal. It is many ways of forging meaning that cross and intersect the landscape of environmental law. ‘The many forms of environmental justice’ first considers the environmental rule of law, which has been aided by the creation of courts and tribunals with the expertise to hear and adjudicate environmental law disputes. It then discusses environmental democracy and the creation and enforcement of legal rights, followed by new ideas, including Earth jurisprudence and wild law, and indigenous concepts of environmental protection.

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 Social security as an object of public administration in Ukraine and over the world

2020 ◽  
Vol 5 (5) ◽  
pp. 47-52
Author(s):  
Yurii Pavliutin
Keyword(s):  
Social Security ◽  
Public Relations ◽  
National Security ◽  
Public Administration ◽  
Negative Consequences ◽  
Social Sphere ◽  
The Social ◽  
The World ◽  
Legal Mechanism

Based on the analysis of current legislation governing administrative relations in the security and defense sector, the article analyzes the place and role of social security in the national security system and formulates a number of scientifically sound proposals for further intelligence in this area. It is emphasized that a characteristic feature of the organizational and legal mechanism of national security of Ukraine in the social sphere as an object of public administration is the loss of the category of social security integrity of clearly defined areas of public relations, as the interests of individuals and forms of government do not always coincide. The mechanism of social security is in a state of constant transformation, reflecting in most cases the negative consequences of a non-systemic approach to creating an effective model for countering challenges and threats.

Umweltschutzrecht in Polen

2021 ◽  
Vol 67 (3) ◽  
pp. 318-334
Author(s):  
Agata Kosieradzka-Federczyk ◽  
Wojciech Federczyk
Keyword(s):  
Waste Management ◽  
Environmental Protection ◽  
Transition Period ◽  
Environmental Law ◽  
Economic Transformation ◽  
The European Union ◽  
Nature Protection ◽  
Public Authorities ◽  
Main Challenge ◽  
The Eu

The analyzed thirty years of development of environmental law begin with the economic transformation of the country. This article treats this topic as a point of reference. In the first part of the article, the development of environmental law in Poland was presented by distinguishing time periods. The accession to the European Union has led to a rapprochement of Polish legislation with the EU, but the period that elapsed between the change of the political system and the accession to the EU was too short to catch up with the significant backlog in environmental protection. The second part of the article presents the development of the doctrine of environmental law. Among many considerations, one of the basic ones is to find the place of environmental law in the system of Polish law. The next part - the shortest one - presents the structure of the environmental protection public authorities. In its essential core, it was shaped in the 90 s. In this period, the division of tasks in environmental protection into governmental and self-governmental took place. In the subsequent years, authorities dealing with environmental impact assessment and nature protection were separated. The last change concerned the bodies of water protection. The last issue discussed in the paper concerns current problems in environmental protection. The main challenge is the quality of air - despite fairly extensive legal instruments, the improvement is insufficient. Polish policy on climate change is still burdened with historical negligence. Basing the energy sector on coal-fired installations, even if the share of RES in energy production increases, makes the transformation difficult. This part ends waste management issue. Here, too, the landfilling - a basic principle of waste management before the transition period, has changed significantly, but again the pace of change is too slow.

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.

Sign in / Sign up

Export Citation Format

Share Document