scholarly journals ORGANIZATIONAL SUPPORT OF PUBLIC ADMINISTRATION IN ENVIRONMENTAL PROTECTION

Author(s):  
N. Dereviahina ◽  
A. Pugach ◽  
A. Plotnitskaya
2018 ◽  
Vol 2 (Especial 2) ◽  
pp. 193-198
Author(s):  
Ingrid Peratelli dos Santos ◽  
Fabio Ferreira Morong ◽  
Éder Canziani

In the scope of Public Administration, which also has the duty to preserve the environment and seek sustainability, Sustainable Bidding is an important instrument capable of promoting sustainable development through purchases of environmentally viable goods or services. The objective of this work is to carry out a brief study on the main laws and regulations that deal with this bid, especially Federal Law no. 12,349 / 2010 and the last decree nº 9,178 / 2017, which try to regulate the subject in Law nº 8666/93. The method used was the legal deductive, applying the interpretation of the legislation and doctrine. It was concluded that the last decree, although there is still a need for progress, attributed greater clarity and simplicity to specific legislation, broadened some concepts that improved the environmental protection and preservation aspect, and changed institutional competence issues in order to achieve greater speed and efficiency in the management and implementation of environmental principles in bidding processes


2019 ◽  
pp. 145-155
Author(s):  
Nykola Lakhyzha ◽  
Svitlana Yehorycheva

The experience of the institutional support of public-private partnership in the Republic of Poland has been analyzed. It is noted that Poland was one of the first among the post-communist countries to implement a mechanism of public-private partnership. The peculiarities of the practice of realization of public-private partnership in Poland during the 1990s and its legal support were determined. The possibility of its development on the basis of general norms of civil, economic, administrative and other branches of law is emphasized. The process of development and adoption of separate laws on public-private partnership and their specific features are described. The essence of discussions about the need for creation of a special authorized body for regulation of public-private partnership, which was caused by the problems that arose from public and private partners during the conclusion and implementation of the relevant agreements, was disclosed. The modern components of organizational support for supporting the development of public-private partnership in Poland, their role and their inherent functions are revealed: the Department for Public-Private Partnerships of the Ministry of Investment and Development, similar departments in public administration bodies of different levels, the Public-Private Partnership Platform, Polish Entrepreneurship Development Agency, Institute of Public Private Partnership, private law firms, scientific and educational institutions. The necessity to improve the institutional support of public-private partnership, which is realized by the government of Poland as well, is stated. The content and significance of the latest program documents in this area that are intended to improve the process of administration the development of public-private partnership — the concept «The vision of sustainable development for Polish business 2050» and «Government policy in the field of development of public-private partnership» are characterized. The importance of using the experience of the Republic of Poland in the practice of public administration of the Ukrainian system of public-private partnership is emphasized.


2019 ◽  
Vol 28 (2) ◽  
pp. 41
Author(s):  
Dorota Lebowa

<p>Establishing legal forms of nature conservation entails a restriction on the right of ownership and other property rights. For this reason, the legislature introduced in the Act of 27 April 2001 on Environmental Protection Law solutions allowing for the purchase of real estate or payment of damages. The provisions of the Environmental Protection Law set out an administrative-judicial procedure of claiming for remedying a damage caused by the legal operation of the public administration related to the protection of environmental resources. This procedure is based on the fact that a claim, essentially of a civil nature (a claim for remedying a damage caused by restricting the use of property) is pursued in two stages – the first in an administrative proceeding in which the administrative authority issues a decision and in the second, where the case is decided by a general court. The first stage is obligatory, in the sense that in the event of a dispute for compensation, the aggrieved party must apply to the administrative body for compensation. The second is initiated as a result of the action of the party dissatisfied with the compensation awarded by the administrative body.</p>


2021 ◽  
Vol 29 (3) ◽  
pp. 178-186
Author(s):  
Iulii Pyliavskyi ◽  
Halyna Pushak ◽  
Oleksandr Molnar ◽  
Halyna Dzyana ◽  
Volodymyr Kushniriuk

In recent years, the idea of green growth has been widely discussed not only by experts in environmental economics, but also in various political forums. Many countries use various tools and principles of green growth in their national policies and growth strategies. However, some countries fear that the transition to a green growth model may hamper their development. The article discusses the prerequisites for implementation, the basic principles of green growth into the system of public administration, and also provides a system for modelling ways to implement the principles of green growth using the IDEF0 (functional modeling methodology and a graphical description of the processes) methodology. This methodology allows to clearly see the ways and means of achieving this goal. Considering the importance of the economic component in all processes of monitoring, control and protection of air, water and soil from pollution processes, a system for modeling ways to implement the principles of green growth using the IDEF0 methodology has been formed today is especially relevant.


Author(s):  
V. V. Sharavara ◽  
O. A. Bondarenko ◽  
O. H. Tarasova ◽  
R. B. Gavrilyuk ◽  
D. V. Hulevets ◽  
...  

The National Ecological Center of Ukraine examined the effectiveness of the implementation of the Law of Ukraine “On Environmental Impact Assessment” (dated May 23, 2017 No. 2059-VII) and the by-laws adopted for its implementation. Based on the study, some shortcomings of the Law were named and discussed as wee as ways for their elimination were established. It was shown that a number of articles of the Law should be clarified, and the title of the Law needs compliance with its scope, terminology, and the lists of activities subject to impact assessment. There is also a need to clarify the division of powers and to adopt regulations on organizational support for conducting an environmental impact assessment and public discussion. There is an urgent need to further refine and harmonize the regulatory and methodological framework of the Law with European environmental legislation, in particular, environmental quality standards and relevant methodologies for their definition. Since no provisions have so far been adopted on expert commissions for environmental impact assessment, and the territorial environmental protection authorities are still subject to regional administrations, there is a real threat that the latter can exert pressure to get a customized conclusion. It was noted that there is no relevant procedure for selecting experts of professional and qualitative environmental impact assessment; there is also no mechanism for adding the public to the formation of the register and selection of experts, and financial issues are not fully resolved either. It was highlighted: the main directions for improving environmental impact assessment and organizing the Law revision. Several other urgencies were indicated: to accelerate the modernization of state building norms and other regulations; to withdraw territorial environmental protection departments from the subordination of regional state administrations; to provide a transparent procedure for the appointment of members to the expert commissions, to urgently review environmental indicators, classifications, norms, limits and other restrictive requirements and harmonize them to European standards.


2021 ◽  
Author(s):  
Kriukov O. ◽  
Semiletov O.

The approaches of public administration to ensure the rational use of natural resources, ways to improve and influence domestic policy and the characteristics of modern legislation in the field of environmental protection in Ukraine have been considered in the paper.


2017 ◽  
Vol 41 (2) ◽  
pp. 110
Author(s):  
Gabriele Borges Rodrigues ◽  
Leonardo Da Rocha de Souza

Resumo: O objetivo deste artigo é analisar o princípio da precaução como critério utilizado pela Administração Pública para a liberação de organismos geneticamente modificados (OGMs). Para isso, realiza-se um estudo a respeito da importância do princípio da precaução para a realização da proteção ambiental, trazendo-se um enfoque da sua regulação em instrumentos internacionais. A seguir, trabalha-se com os problemas provenientes da incerteza científica e como eles afetam o dever que o Estado tem de evitar danos, incertezas essas que geram dificuldades para a aplicação do princípio da precaução. Esse contexto leva este texto a algumas propostas de soluções para Administração Pública aplicar o princípio da precaução apesar (e em virtude) das incertezas científicas. Permeia o texto, e enfatiza-se ao final, uma aplicação do princípio da precaução na liberação de organismos geneticamente modificados. A abordagem é realizada utilizando-se o método hipotético-dedutivo, levantando-se hipóteses e possibilidades para aplicação prática do princípio da precaução na atuação da Administração Pública. Utiliza-se a técnica de pesquisa de documentação indireta, com a revisão bibliográfica de obras nacionais e estrangeiras, incluindo periódicos e textos normativos. Como resultado, pretende-se que este artigo subsidie o aperfeiçoamento de políticas públicas de proteção ambiental, de forma a evitar que as incertezas científicas gerem danos ambientais e propondo-se maior cautela na inserção dos OGMs no meio ambiente.Abstract: The purpose of this article is to analyze the precautionary principle as a criterion used by public authorities for the release of genetically modified organisms (GMOs). For this, we carried out a study about the importance of the precautionary principle for the realization of environmental protection, bringing a focus of its regulation on international rules. Next, we work with problems arising from scientific uncertainty and how they affect the duty that the state has to prevent damage, such uncertainties that generate difficulties for the application of the precautionary principle. This context leads this text to some proposed solutions for Public Administration apply the precautionary principle despite (and because) of scientific uncertainty. During the text, with an emphasis on end, we carry out an application of the precautionary principle in the release of genetically modified organisms. The approach is performed using the hypothetical-deductive method, rising hypotheses and possibilities for practical application of the precautionary principle in the operation of Public Administration. We use the indirect documentation search technique, the literature review of national and foreign works, including periodicals and normative texts. As a result, we intend this article to subsidize the improvement of public policies for environmental protection, in order to prevent the scientific uncertainties, generate environmental damage and proposing greater caution in the insertion of GMOs into the environment.


2019 ◽  
pp. 109-118
Author(s):  
V. V. Polubatko

The article is focused on determining the instruments of administrative and legal provision for the realization of the right to a safe and healthy environment by individuals and formulating the propositions to improve the normative and legal regulation of the procedures of their application. The author of the article has established the state of scientific developments concerning the realization of the citizens’ right to a safe and healthy environment and the instruments of its administrative and legal provision. The concept of administrative and legal provision and its instruments have been revealed. The functions of public administration subjects assigned to them in the field of environmental protection have been highlighted; the shortcomings of their normative and legal regulation have been determined; and the ways of their solution have been suggested. The author has named the types of instruments of administrative and legal provision for the realization of the right to a safe and healthy environment by individuals and their certain characteristics. The system of normative and legal acts regulating the procedures for their use has been studied. The current state of normative and legal regulation of the application of the instrument of administrative and legal provision for the realization of the right to a safe and healthy environment by individuals has been clarified; and propositions and recommendations regarding the ways of its improvement have been formulated. In particular, a number of specific problems that are to be obligatory solved has been defined: lack of procedures of public administration activities and a normative act that would introduce unified rules for the application of the instruments of public administration activities; contradictions and inaccuracies that exist in the current normative and legal acts; validity of normative acts adopted with violation of powers.


2021 ◽  
Vol 20 (4) ◽  
pp. 779-795
Author(s):  
Sylwia Jaśkiewicz-Kamińska

Motivation: This text presents the results of the process of juridization of the sustainable development principle in international, EU and national law, as well as the development of that principle with regard to the application of law practice. Aim: At the same time, the text attempts to define the role of an administrative court as a body reinterpreting the sustainable development principle in environmental protection and spatial planning cases, bearing in mind both the ecological as well as social justice outlook Results: As a result, the study presented focuses on determining the impact of the administrative courts’ established case-law on the application of the sustainable development principle by national public administration authorities.


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