scholarly journals The environmental regulation of mining: legal foundations

Author(s):  
O Vasylchenko ◽  
O Lotiuk ◽  
A Yevstihnieiev ◽  
A Basalaieva ◽  
S Kustova

Purpose. To enhance the quality of Ukrainian legislation by improving the legal framework of public administration in the field of environmental regulation of mining in Ukraine. Methodology. The authors used comparative and legal, historical, systemic, structural and functional, formal and logical, and dialectical research methods. The need to use an integrated research method is emphasized. Findings. The authors investigated two problems actualized by the so-called Adani Syndrome: 1. The criteria for assessing the impact on the environment and their legal force. 2. The legal framework governing the rights of the owner, the state and the public. The above problems were studied in comparison with the legal support of environmental regulation of mining in Ukraine. Originality. The experience of environmental regulation of mining in Australia is analyzed on the example of the conflict over the Carmichael mine project, resulting in disclosing the current state of Ukrainian legislation in this area. The directions of improving the legal foundations of public administration in the field of environmental regulation of mining in Ukraine have been brought up for discussion. Practical value. The use of the obtained results will make it possible to eliminate the difference between the legal support of environmental regulation of mining in developed and developing countries. The proposals have been formulated to improve the legal regulation in the area under study in terms of detailing the powers of individual governing bodies of special competence, as well as in terms of procedures for assessing the environmental impact. The formulated proposals can help to strengthen the effectiveness of the legislation in power.

2019 ◽  
Vol 4 (5) ◽  
pp. 320 ◽  
Author(s):  
Yuliia Slobodianyk ◽  
Svitlana Shymon ◽  
Volodymyr Adam

Purpose. In December 2016, the updated INTOSAI standards for government auditing were enacted that provided a methodological basis for conducting various forms of public audit, in particular, public compliance auditing. The use of ISSAIs is aimed at maintaining high-quality control measures to ensure the public administration system accountability and transparency. The aim of the research is to consider the current state and prospects of introducing the public compliance auditing into the practice of the Supreme Audit Institution in Ukraine. Design/ methodology/approach. The methodological basis of the study was to conduct the best practices comparative analysis in public auditing and to implement the desktop study of theoretical scientific researches, open analytical data produced by governmental and non-governmental bodies. Findings. The analysis of the Accounting Chamber of Ukraine’s reports proved that the control activities contained the compliance auditing elements. In this context, a proper legal framework for carrying out compliance auditing is not yet established and the appropriate methodological developments are not available. The author believes that implementing the ISSAI standards for the public compliance auditing may be accelerated due to the step-by-step implementation of the activities proposed. Practical implications. The specific recommendations on implementing the compliance auditing in accordance with the ISSAI standards requirements are important to regulators. Originality/value. The study can be the basis for further research in the field of the public compliance auditing theory and methodology, and the results may be useful for practitioners.


2021 ◽  
Vol 118 ◽  
pp. 03015
Author(s):  
Viktor Eduardovich Gatsolati ◽  
Alexander Borisovich Zelentsov ◽  
Bulat Umerzhanovich Seitkhozhin

The purpose of the research is to determine the impact of the current administrative and legal regulation of the implementation of administrative procedures for the provision of the non-profit organisation state registration services on the scope of discretionary powers of the public administration in the provision of this service. The methodological basis of the research is created by modern philosophical, general-scientific and special-scientific methods of cognition including dialectical, logical, formal-legal, systemic and statistical methods, as well as analysis, description, synthesis and interpretation. The research results were the conclusions from the analysis of the administrative and legal regulation of administrative procedures for the provision of the non-profit organisation state registration services. Thus, in particular, the discrepancy between a separate provision of the administrative regulation on the provision of the non-profit association state registration services with the current federal legislation was identified and a proposal to amend it was formulated. In addition, it was concluded that the detailed regulation at the sub-legal level of the procedure for the implementation of administrative procedures for the provision of public services has a negative impact on the scope of discretionary powers of public administration bodies. The research novelty lies in the adopted methodological approach to the analysis of the overseas experience in legal regulation of the implementation of administrative procedures by public administration bodies and the conduct of a comparative legal study of regulation of the implementation of administrative procedures for the provision of public services in Russia and in the European Union member states.


2018 ◽  
Vol 114 ◽  
pp. 149-165
Author(s):  
Witold Małecki

PRIVATE ADMINISTRATIVE LAW. THE PROPOSAL OF A NEWDistinction of the set of norms called ,,private administrative law” is conditioned by the recognition that the theorem on the public-law affiliation of administrative law is of typological relevance, not of classification relevance — in every branch of law also in administrative law it is possible to distinguish, in various proportions, norms of public and private law. The norms of private administrative law set the legal framework for public administration to use forms of activity that traditionally belong to private law in a way that prevents “escape to private law”, fusing private-law forms of activity and public-law protective measures. Public procurement law is presented as a model area of legal regulation within the scope of private administrative law.


Author(s):  
Jaagup Ainsalu ◽  
Ville Arffman ◽  
Mauro Bellone ◽  
Maximilian Ellner ◽  
Taina Haapamäki ◽  
...  

Urban transportation in the next few decades will shift worldwide towards electrification and automation, with the final aim of increasing energy efficiency and safety for passengers. Such a big change requires strong collaboration and efforts among public administration, research and stakeholders in developing, testing and promoting these technologies in the public transportation. Working in this direction, in the present work the impact of the introduction of driverless electric minibuses, for the first and last mile transportation, in the public service is studied. More specifically, this paper covers a state of the art in terms of technological background for automation, energy efficiency via electrification, and the current state of the legal framework in Europe with focus on the Baltic Sea Region.


2021 ◽  
Vol 2 (2) ◽  
pp. 17-21
Author(s):  
V. I. BRATTSEV ◽  
◽  
A. M. GRISHANOVA ◽  

The article reflects the main directions of forming a new regulatory environment for relations arising with the development of the digital economy, including in the field of tax regulation. Today, in order to perform their main functions, including ensuring a high level of cash receipts to the budget system, one of the key areas of work for tax authorities is not just adapting to changes caused by the development of the digital economy, but directly managing the processes of digitalization. The authors researched the impact of the digitalization process in Germany on the transformation of the approach to public administration, which aims to expand the digital infrastructure, both in the public and private sectors. The main factors that have had a significant impact on the formation of legal regulation in Germany in the context of the development of the digital economy, including in the field of taxation, are considered. Among key findings of the research we should mention formulation of practical recommendations for institu-tional improvement of tax regulation in Russia, developed on the basis of rethinking the experience of Ger-many in managing relevant changes.


Author(s):  
Jaagup Ainsalu ◽  
Ville Arffman ◽  
Mauro Bellone ◽  
Maximilian Ellner ◽  
Taina Haapamäki ◽  
...  

Urban transportation in the next few decades will shift worldwide towards electrification and automation, with the final aim of increasing energy efficiency and safety for passengers. Such a big change requires strong collaboration and efforts among public administration, research and stakeholders in developing, testing and promoting these technologies in the public transportation. Working in this direction, in the present work the impact of the introduction of driverless electric minibuses, for the first and last mile transportation, in the public service is studied. More specifically, this paper covers a state of the art in terms of technological background for automation, energy efficiency via electrification, and the current state of the legal framework in Europe with focus on the Baltic Sea Region.


2019 ◽  
pp. 109-123
Author(s):  
I. E. Limonov ◽  
M. V. Nesena

The purpose of this study is to evaluate the impact of public investment programs on the socio-economic development of territories. As a case, the federal target programs for the development of regions and investment programs of the financial development institution — Vnesheconombank, designed to solve the problems of regional development are considered. The impact of the public interventions were evaluated by the “difference in differences” method using Bayesian modeling. The results of the evaluation suggest the positive impact of federal target programs on the total factor productivity of regions and on innovation; and that regional investment programs of Vnesheconombank are improving the export activity. All of the investments considered are likely to have contributed to the reduction of unemployment, but their implementation has been accompanied by an increase in social inequality.


2019 ◽  
Vol 7 (1) ◽  
pp. 268-288
Author(s):  
Dlan Ismail Mawlud ◽  
Hoshyar Mozafar Ali

The development of technology, information technology and various means of communication have a significant impact on public relations activity; especially in government institutions. Many government institutions have invested these means in their management system, in order to facilitate the goals of the institution, and ultimately the interaction between the internal and external public. In this theoretical research, I tried to explain the impact of the new media on public relations in the public administration, based on the views of specialists. The aim of the research is to know the use of the new media of public relations and how in the system of public administration, as well as, Explaining the role it plays in public relations activities of government institutions. Add to this, analyzing the way of how new media and public relations participate in the birth of e-government. In the results, it is clear that the new media has facilitated public relations between the public and other institutions, as it strengthened relations between them


Energies ◽  
2020 ◽  
Vol 13 (13) ◽  
pp. 3366
Author(s):  
Daniel Suchet ◽  
Adrien Jeantet ◽  
Thomas Elghozi ◽  
Zacharie Jehl

The lack of a systematic definition of intermittency in the power sector blurs the use of this term in the public debate: the same power source can be described as stable or intermittent, depending on the standpoint of the authors. This work tackles a quantitative definition of intermittency adapted to the power sector, linked to the nature of the source, and not to the current state of the energy mix or the production predictive capacity. A quantitative indicator is devised, discussed and graphically depicted. A case study is illustrated by the analysis of the 2018 production data in France and then developed further to evaluate the impact of two methods often considered to reduce intermittency: aggregation and complementarity between wind and solar productions.


2016 ◽  
Vol 2016 ◽  
pp. 1-10 ◽  
Author(s):  
Wei Liu ◽  
Jian Tong ◽  
Xiaohang Yue

The difference of factor input structure determines different response to environmental regulation. This paper constructs a theoretical model including environmental regulation, factor input structure, and industrial transformation and conducts a policy simulation based on the difference of influencing mechanism of environmental regulation considering industrial heterogeneity. The findings show that the impact of environmental regulation on industrial transformation presents comparison of distortion effect of resource allocation and technology effect. Environmental regulation will promote industrial transformation when technology effect of environmental regulation is stronger than distortion effect of resource allocation. Particularly, command-control environmental regulation has a significant incentive effect and spillover effect of technological innovation on cleaning industries, but these effects do not exist in pollution-intensive industries. Command-control environmental regulation promotes industrial transformation. The result of simulation showed that environmental regulation of market incentives is similar to that of command-control.


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