scholarly journals Climatic resources as objects of natural resource legal relations

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Deineha Maryna ◽  
◽  
Marinich Volodymyr ◽  

The article is devoted to the study of scientific approaches to the characteristics of the objects of natural resource relations. Theoretical positions of the representatives of legal science on the definition of the concept of natural resources as objects of natural resource legal relations, the separation of their legal features are revealed. Scientific approaches to the legal nature of climatic resources and their place in the modern system of natural resource legal relations are analyzed. Natural resource relations consist of the use and reproduction of natural resources or their properties (for example, the potential energy of water, which is converted into electricity, water surface for water transport, the properties of atmospheric air to contain and dissolve (reduce concentration) pollutants, the property of subsoil underground gas storage facilities, etc.). Climatic resources are called inexhaustible natural resources, which include solar energy, moisture, wind energy, etc. and are determined by the peculiarities of the climate. The use of certain properties of climatic resources as, first of all, alternative energy sources is extremely important. Climatic resources in most of Ukraine are favorable for the development of alternative energy. However, the current state of legal regulation of activities aimed at ensuring the rational and efficient use of climate resources needs to be improved. Keywords: natural resource law, natural resource legal relations, natural resources, climatic resources, climate

2020 ◽  
Vol 11 (4) ◽  
Author(s):  
Deineha Maryna ◽  

The article investigates the scientific approaches of domestic and foreign scientists to the definition of the system of law and its main features and properties. The system of law is defined as objectively determined by social relations an integrated and organized set of elements of law, which are interconnected by internal connections and act in relation to the surrounding conditions and other systems as a whole, which is characterized by the presence of the goal and dynamism in development. The system of law characterized by some features, including basic, objective, integrative and organized unity and dynamism. It is revealed that the system of law is characterized by the internal organizational structure. Characterization of structural elements of the system of law and features of relations between them is carried out. The theoretical principles of the system of natural resource law are revealed. It was found out that the object, method and object of legal regulation are the determining criteria for constructing a system of natural resource law. The system of natural resource law is defined as an integrated and organized set of legal norms regulating social relations regarding the use and reproduction of certain natural resources in their inextricable connection with other elements of the environment in order to ensure, first of all, the economic needs of man and society. The structure of natural resource law is objectively due to nature-resource relations, its division into separate interrelated elements: legal norms and institutions. In addition, the structure of the system of natural resource law can be represented by dividing it into a general and special part. The institutions of the General and Special Parts of natural resources law are singled out. The institutes of the common part contain legal norms that have a generalized character of action and are common to all types of nature-resource relations that are subject to legal regulation. Legal norms and institutes of a special part regulate certain, relatively separate groups of social relations and have a lower degree of universality. Keywords: system of law, structure of the system of law, elements of the system of law, system of Natural Resource Law, norms of Natural Resource Law, institutes of Natural Resources Law, subsectors of Natural Resource Law, General and Special parts of Natural Resource Law


Author(s):  
Александр Григорьевич Комков ◽  
Александр Константинович Сокольский

В статье рассмотрено современное состояние энергоснабжения и перспективы развития альтернативных источников энергии на территории Крайнего Севера. Отмечено, что несмотря на острую потребность во внедрении возобновляемых источников энергии, установленные мощности всех ветряных и солнечных электростанций в регионе не превышают 7-8 МВт. Также в работе рассчитаны технический и экономический потенциал ветровой энергии региона, на основании которых подобрана наиболее эффективная установка. The article discusses the current state of energy supply and the prospects for the development of alternative energy sources in the Far North. It is noted that despite the urgent need for the introduction of renewable energy sources, the installed capacities of all wind and solar power plants in the region do not exceed 7-8 MW. Also, the technical and economic potential of the region’s wind energy was calculated based on which the most efficient installation was selected.


Author(s):  
Karyna Karakhanian ◽  

The article considers the legal basis for the formation and development of the country's energy sector, in particular, the issue of energy production from renewable sources, among which the leading place belongs to wind energy. The tendencies of the world energy market, which minimize the negative impact on the environment, as well as the tendencies of development of this branch in Ukraine are investigated. It was stated that for our country wind energy is one of the strategic directions of development of the sector of alternative energy sources, given the high dependence of the country on imported energy, primarily natural gas, and significant potential for wind power, taking into account the location, climate and terrain. However, unfortunately, the pace of development of wind energy in Ukraine still lags significantly behind European ones. It is noted that the legislative provision of the use of wind energy in Ukraine as a source of alternative energy is characterized primarily by the number of bylaws, general declarative legislation, as well as some inconsistencies in legal regulation. An analysis of current legislation and a number of regulations governing the development of the industry in general and wind energy in particular. A review of the norms that relate purely to the issues of the research area and their features and direction of legal regulation. In addition, it was stressed that Ukraine's accession to European initiatives, as well as borrowing international experience in this area should positively affect the energy balance and ensure the development of the sector, in particular, in the light of the need to create a full competitive environment in Ukraine's energy market; changes in heat generation by renewable energy sources and the full transformation of coal regions, which means the gradual closure of unprofitable enterprises with the parallel creation of alternative jobs in these regions.


Author(s):  
Ievgenii Shulga ◽  
◽  
Nataliia Shynkaruk ◽  
Nataliia Yashchuk ◽  
◽  
...  

The article examines topical problems of the role of international organizations in the direction of the development of alternative energy and strengthening of energy security in the world. Considerable attention is paid to the importance of the introduction and development of alternative energy in the context of ensuring environmental human rights and economic well-being. Analyzed the main international legal treaties regulating the reduction of greenhouse gas emissions into the atmosphere and the use of alternative renewable energy sources. The main international governmental and non-governmental organizations in the direction of ensuring environmental and energy security have been identified. Attention is drawn to the need to strengthen the role of these organizations by strengthening the functions of supervision and monitoring to increase the possibility of influencing states that do not comply with the provisions of signed and ratified international conventions. It is concluded that it is necessary to adjust the vector of development of instruments for the protection of environmental rights in the direction of its world globalization. The existing global concept for the development of alternative energy sources requires changes. Given that the environmental problem is universal and, although to one degree or another, it still affects every person, regardless of country or nationality, the obligation to protect the environment must be universal, fulfilled and enforced not only by the government bodies of sovereign states, but also international government organizations. It is noted that the programs and recommendations of international organizations are developed directly for individual states, taking into account their geographical and economic location when choosing the types and methods of developing alternative energy.


2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Deineha Maryna ◽  
◽  
Marinich Volodymyr ◽  

The article examines the place of Natural Resource Law and post-resource branches of law in the legal system, proposes a hierarchy of these branches and outlines the relationship between the subjects of natural resource and post-resource relations. The subject of legal regulation of Natural Resource Law is defined as qualitatively homogeneous natural resource relations, consisting of the use and reproduction of natural resources – a legally defined part of the environment that have signs of natural origin and are in ecological relationship with the environment and with each other, can be used as a source of meeting human needs. All natural resources, as well as the relationship to their use and reproduction, are closely linked. This connection will always be inseparable and reciprocal. It is established that in the system of Natural Resource Law public relations regarding the use and reproduction of certain natural resources are in fact its subsectors and provide a differentiated approach to the environmentally sound use of each of the relevant natural resources. Natural Resource Law is not a conglomeration of land, water, forest and subsoil law, but their qualitative unity based on a single nature, factors of development and the internal structure of social relations. It is concluded that neither the long history of legislation, nor a significant amount of regulations that are sources of post-resource industries, are grounds for denying the inseparable and mutual connection of post-resource branches of law with each other and with Natural Resource Law and the objective need for separation independent branch of Natural Resource Law. Keywords: Natural Resource Law, land law, water law, forest law, subsoil law, faunal law, floristic law, natural resource relations, post-resource relations, legal system, branch of law


2021 ◽  
Vol 66 ◽  
pp. 96-102
Author(s):  
V.M. Logoida

The article is devoted to the study of the experience of legal regulation of the legal status of cryptocurrencies and transactions with them in Asian countries (except for the People's Republic of China and Asian countries - members of the Commonwealth of Independent States, as the author examined them in separate publications). In the article the author, based on the study of regulations, administrative and judicial practice of all major countries in this part of the world, emphasizes the divergent trends in cryptocurrency transactions regulation in the region, when some countries move from a liberal approach to the use of cryptocurrencies to their total ban and vice versa. It is noted that almost all countries in the region give a legal assessment of the payment function of cryptocurrencies, using regulatory or prohibitive approaches, depending on the chosen policy, which indirectly confirms their understanding of the legal nature of cryptocurrencies primarily as a means of payment. At the same time, these countries not only categorically distinguish cryptocurrencies from fiat money issued by central banks, but also mostly avoid the official definition of cryptocurrency as private (decentralized) cash, preferring to qualify them as an intangible asset, virtual asset, digital asset, financial value and even a good or service, which is currently a kind of compromise between political expediency and economic realities. The author also notes that the Asian region is characterized by very active attempts to resolve the legal status of cryptocurrencies at the legislative level, and not just administrative or judicial response to the actual legal relationship, although the progress of different countries in this matter is different. As a result, the author concludes that in the Asian countries considered in the article, there is no same view on the legal nature of cryptocurrency, its qualification as an object of civil rights, and ways to regulate transactions with it (libertarian approach, positive-cryptocurrency approach but with detailed government regulation and control or a completely restrictive policy in relation to the cryptocurrency market).


2020 ◽  
Vol 79 (4) ◽  
pp. 32-38
Author(s):  
І. Д. Казанчук ◽  
В. П. Яценко

Based on the analysis of scientific concepts and legal principles the author has provided the definition of information security, provision of information security in Ukraine and has characterized its components. The current state of legal regulation of the organization and activity of cyberpolice units of the National Police of Ukraine has been analyzed. Particular attention has been paid to the legal analysis of the tasks, functions and structure of the Cyberpolice Department of the National Police of Ukraine. Special attention has been drawn to certain shortcomings of Ukrainian legislation in the field of ensuring information security by the police, its compliance with the norms and standards of international law. Taking into account the specifics of the tasks, the author has provided characteristics of the functions of cyberpolice units in the information sphere, which should be divided according to the purpose into: 1) basic (external), which are focused on law enforcement and preventive aspects; 2) auxiliary (intrasystem), which are focused on promoting the implementation of basic functions, the introduction of appropriate management mechanisms within the system. It has been stated that the modern system of ensuring information security and cybersecurity in Ukraine should be one effective system, consisting of such mandatory components as legal, educational and technical. It has been concluded that in order to improve the legal principles for the organization and activities of cyberpolice units of the National Police in the field of ensuring information security and counteracting cyber threats, first of all, it is necessary to optimize the organizational structure of cyberpolice, reasonably distribute the functions (powers) between cyberpolice units and other subjects combating cyber threats in Ukraine, to create appropriate conditions for reaching a qualitatively new level of interaction between them and coordination of their activities in the field of ensuring information security in modern conditions.


2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Kirill Andreevich Pisenko ◽  
Stanislav Lvovich Botvinnik

Legal issues of counteracting the imposition of unfavorable contract terms by the dominant party raise a number of theoretical and practical problems. The authors of the article try to determine the legal nature of imposition and develop methods of comprehensive counteraction to this violation in order to ensure the balance of convenience. From the philosophical perspective and a certain worldview, the study is based on the balance of convenience regarded as the objective foundation of legal regulation. The main philosophical and scientific methods used in this article include the dialectic method, the formal-legal method, the method of legal hermeneutics, as well as the comparative-legal and empirical methods. The theoretical basis is represented by scientific works in the field of civil, administrative, entrepreneurial and procedural branches of law. The legal nature of imposition as a type of violation should be determined with due regard to the general logic of antitrust regulation. The parallel use of both public and private law necessitates the development of procedural legal means ensuring uniform law enforcement and the balance of convenience. First of all, the unity of approaches regarding legal tools of public and civil law should be concerned with the definition of features and the essence of elements compiling the imposition itself. The authors also propose approaches to the formation of an appropriate procedural model.


2020 ◽  
Vol 157 ◽  
pp. 03005
Author(s):  
Anna Ermakova ◽  
Ludmila Oznobihina ◽  
Tatiana Avilova

The article is devoted to the analysis of the current state of nature management in Mongolia. The natural resource potential of Mongolia, which includes mineral, land, water, biological and recreational resources, is shown. Administrative and legal mechanisms for managing natural resources in Mongolia and Russia are analyzed. Similar management methods of the two countries and distinctive aspects are revealed. For a more detailed consideration of the nature management features of Mongolia, the SWOT analysis method was used to identify strengths, weaknesses, opportunities and threats. Establishing chains of links between them can be useful in the future for formulating a country’s strategy for the use of natural resources.


2019 ◽  
Vol 124 ◽  
pp. 05066 ◽  
Author(s):  
Nadejda Ponomareva ◽  
Anna Zvereva ◽  
Ekaterina Golubtsova ◽  
Svetlana Ilyashenko ◽  
Gennady Ivanov

With each passing year, the problem of using alternative energy sources is gaining increasing attention, since the energy of the sun, water and wind, unlike hydrocarbons, belongs to practically inexhaustible resources. Besides this, alternative energy sources are relatively environmentally friendly, so any country is interested in using them. One of the factors affecting the increase of energy generation from alternative sources is the legal regulation of this area by the government. In many foreign countries a number of conceptual, doctrinal and program documents are adopted and implemented, which are dealing with the use of renewable energy sources. In order to stimulate the use of alternative energy sources, the governments of some countries create favorable conditions for attracting investment in the development of this sector, which, further, not only creates new jobs, but also has a generally positive effect on the economy.


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