scholarly journals AMBIENT AIR PROTECTION IN THE SYSTEM OF PUBLIC HEALTH AND BIOLOGICAL SECURITY LEGAL PROVISION

2021 ◽  
Vol 74 (9) ◽  
pp. 2207-2212
Author(s):  
Vitalii Pashkov ◽  
Maryna V. Trotska ◽  
Liudmyla M. Nikolenko
Keyword(s):  
Public Health ◽  
Adverse Effects ◽  
Environmental Protection ◽  
Human Health ◽  
Essential Element ◽  
Ambient Air ◽  
Case Law ◽  
Legal Regulation ◽  
Legal Basis ◽  
Legal Provision

The article examines the legal and regulatory basis for ambient air protection as an essential element of the environment that affects biological security the health and livelihoods of the population. Proper legal regulation of ambient air protection is important in the implementation of various measures aimed at preserving its quality and, accordingly, preventing possible adverse effects on human health. Ambient air protection is a certain activity directed at reducing the number of pollutants that get into the air by one means or another. In the process of environmental protection in general and ambient air protection in particular, the legal basis and case law are important components that aimed to minimize the occurrence of potential hazards that could threaten the health and lives of the population, and in case of such situations, identify the causes of their occurrence and respond to them proportionally.

scholarly journals ENSURING LEGAL ENVIRONMENTAL SECURITY IN THE CONTEXT OF GLOBALIZATION, WORLD THREATS AND CHALLENGES ON THE EXAMPLE OF A PANDEMIC

2020 ◽  
Vol 24 (3) ◽  
pp. 513-529
Author(s):  
Akmal R. Nematov ◽  
Nafisa Sobitdukht
Keyword(s):  
Public Health ◽  
Environmental Protection ◽  
Human Health ◽  
Environmental Safety ◽  
Legal Framework ◽  
Legal Regulation ◽  
Environmental Security ◽  
Contemporary World ◽  
Constitutional Right ◽  
The Republic

The pandemic is one of those contemporary world challenges that today poses a global deadly threat to all mankind. Addressing the pandemic and ensuring human health through the lens of legal environmental safety seems to be timely. Adverse sanitary and epidemiological conditions, among other reasons, may arise out of the lack of a well-founded legal framework supporting the realization of the constitutional right of citizens to a favourable environment. The purpose of this article is to show the role of environmental security in preventing the sanitary and epidemiological crisis and ensuring public health. The article tried to analyse how environmental norms, rules of food and household hygiene were justified in the oldest monument of the Tajik people - Avesta, how the Zoroastrian religion explained the need to ensure sanitary and epidemiological safety of society and human health. Currently legal regulation of environmental protection and safeguarding public health attaches particular importance to such categories as health , life and safety . The last concept is increasingly filled with medical content worldwide. This is due to the fact that the category security is generally universal, and its application in legislation, obviously, implies certain reasons and consequences. The article briefly analyses the legal policy of the Republic of Tajikistan in the field of environmental legislation and public health. Mechanisms and directions for improving the current legislation in the field of environmental protection have been studied, and legal decisions on ensuring public health have been considered.

scholarly journals NATURAL ENVIRONMENT AS COMPONENT OF PUBLIC HEALTH: SOME ASPECTS OF ITS LEGAL REGULATION

2019 ◽  
Vol 72 (2) ◽  
pp. 261-266 ◽  
Author(s):  
Vitalii M. Pashkov, ◽  
Maryna V. Trotska
Keyword(s):  
Public Health ◽  
Human Health ◽  
Human Body ◽  
Natural Environment ◽  
Integrated Approach ◽  
Legal Regulation ◽  
Point Of View ◽  
Human Condition ◽  
Legal Basis ◽  
The Impact

Introduction: Human health depends on various factors that have a different physical origin, degree of influence on the human body, methods of manifestation and other characteristics. Within public health, their research is carried out implementing an integrated approach and understanding the causation of the factors that influence each other as well as their effects on the human body. The natural environment, namely its state in general and individual natural objects, in particular, is one of the elements having both direct and indirect effects on human health. The aim: To analyze the legal basis for the regulation of the impact of the natural environment as a component of public health. Materials and methods: The study examines provisions of international documents and scientists’ attitudes. The article analyzes generalized information from scientific journals by means of scientific methods from a medical and legal point of view. This article is based on dialectical, comparative, analytic, synthetic and comprehensive research methods. Within the framework of the system approach, as well as analysis and synthesis, the concepts of public health, health and influence of the natural environment on them are researched. Review: As a result of the study of a particular range of problems, it may be noted that human health depends on a number of factors that allow it to be adequately addressed. The environmental component, namely, the state of the natural environment affecting the human body both directly and indirectly, is not the least of them. Proper legal settlement of the above-mentioned range of problems will allow a comprehensive approach to understanding the causation of human health and the natural environment. Conclusions: when researching the impact of the natural environment within public health, it can be noted that the legal basis for the multidimensional regulation of the notion of health in general, as well as its individual components, in particular, has been formed and reflected in a number of regulatory legal acts. In turn, inadequate implementation of the systematic approach with an in-depth understanding of the real and potential factors that affect human condition in one way or another does not allow the fullest possible determination of their causation both on the positive and negative sides.

Title XX Environment

2019 ◽  
Author(s):  
Sacha Garben
Keyword(s):  
Environmental Protection ◽  
Criminal Law ◽  
Policy Making ◽  
Environmental Law ◽  
Case Law ◽  
Legal Basis ◽  
Common Concern ◽  
Law And Policy ◽  
Dense Set ◽  
The Eu

The environment does not respect man-made borders, and is of common concern and interest of all mankind. As such, it is an area that merits and requires cross-border law and policy making par excellence. This should be reflected in the strong role played by the EU, which has a firm Treaty mandate and duty to protect the environment, features a rich body of case law, and boasts a dense set of secondary legislation. The very good reasons for this notwithstanding, it remains a remarkable development considering the absence of any reference to the environment in the original Treaties. Although a programme for action in this area was soon adopted in 1973, only in the 1986 SEA was an environmental legal basis introduced. Much of the initial environmental acquis was therefore developed by the Commission, the Council, and later the EP on the basis of other Treaty provisions, such as (now) Articles 114, 115, and 352 TFEU. EU environmental protection also owes a debt to the ECJ, which included it in the legitimate objectives on the basis of which MS could derogate from the free movement provisions. The Court has interpreted the provisions of EU environmental law generally in a protective manner, and endorsed the use of criminal law for the effective enforcement of EU environmental legislation.

scholarly journals THE INSTRUMENTS OF ADMINISTRATIVE AND LEGAL PROVISION FOR THE REALIZATION OF THE RIGHT TO A SAFE AND HEALTHY ENVIRONMENT

2019 ◽  
pp. 109-118
Author(s):  
V. V. Polubatko
Keyword(s):  
Environmental Protection ◽  
Public Administration ◽  
Legal Regulation ◽  
The State ◽  
Legal Provision ◽  
Healthy Environment ◽  
Current State ◽  
The Right

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.

External Environmental Policy

2021 ◽  
pp. 316-358
Author(s):  
Jan Wouters ◽  
Frank Hoffmeister ◽  
Geert De Baere ◽  
Thomas Ramopoulos
Keyword(s):  
Climate Change ◽  
Environmental Policy ◽  
Environmental Protection ◽  
Case Law ◽  
Legal Basis ◽  
International Protection ◽  
Environmental Negotiations ◽  
Internal Struggle ◽  
The Eu

This chapter recalls how the EU started to become engaged in the international protection of the environment. It explains in detail the ECJ case law on the choice of legal basis under EU law when an international agreement contains both aspects of commercial policy and environmental protection. It also analyses the internal struggle between the EU institutions on how to conduct international environmental negotiations. The chapter includes a case study about the EU’s role in combating climate change and underlines the important contribution of the EU in the operation of numerous international environmental conventions.

scholarly journals Tindak Pidana Pengolahan, dan Peredaran dan atau Pemasaran Hasil Perkebunan yang Membahayakan Kesehatan dan Keselamatan Manusia

2020 ◽  
Vol 3 (2) ◽  
pp. 427-433
Author(s):  
Yovi Wicaksana Putra ◽  
Kartina Pakpahan ◽  
Lusi Feny Panjaitan ◽  
Arta Hot Manullang
Keyword(s):  
Public Health ◽  
Adverse Effects ◽  
Human Health ◽  
Research Methods ◽  
Consumer Protection ◽  
Health And Safety ◽  
Legal Protection ◽  
Quality Standards ◽  
Security Requirements ◽  
Public Health And Safety

The Indonesian country is rich in farmed communities, especially agricultural livelihoods. It is not rare that farm yields fail to meet its quality standards, satisfy the health and safety of masvardized research purposes, which are assessed the form of legal protection to consumers, plantation criteria, punishments that are given to criminal processing, distribution and or or marketing of health and safety estates. Using normatif juridical research methods by studying the major issues based on data obtained. The study USES analytical descriptive properties to give swift response to the objects being examined. The conclusion that the processing, distribution and marketing of plantation products has been established in article 77 Jo 110 of the 2014 section no. 39 on plantation and section no. 8 of 1999 on consumer protection. Food and drug administration regulation no. 28 stages 2019 of food-care agents. The use of additives or helper that is used does not fit security requirements and quality or use that exceeds have adverse effects on human health and safety. At the risk of public health and safety, non-performing consumers will be punished by the da's criminal penalties

scholarly journals ENSURING THE CITIZENS’ RIGHTS AND FREEDOMS IN CASE OF COVID-19 VACCINATIO IN THE PUBLIC HEALTH SYSTEM

2021 ◽  
Vol 74 (11) ◽  
pp. 2863-2869
Author(s):  
Nataliya Gutorova ◽  
Vitalii Pashkov ◽  
Tetyana Kaganovska
Keyword(s):  
Public Health ◽  
Health System ◽  
Legal Status ◽  
Public Health System ◽  
Essential Element ◽  
Legal Regulation ◽  
Right To Health ◽  
The Public ◽  
The Right ◽  
Restrictive Measures

The aim: To study the legal and regulatory framework for ensuring the right to health of patients depending on the legal status of coronavirus vaccines in different countries as an essential element influencing the right to public health and other rights of citizens. Materials and methods: In this paper, we study the legal norms and scientific positions on the above issue using generalized information from scientific journals that use scientific methods from a medical and legal point of view. This article is based on dialectical, comparative, analytical, synthetic, and complex research methods. Using the above methods, we studied the attitudes of different categories of citizens to vaccination against coronavirus disease through questionnaires on the following issues: attitudes to vaccination in general; motivation for vaccination, in case of consent to vaccination; reasons for refusal of vaccination. The case-law of the European Court of Human Rights on vaccination and ensuring the rights of citizens to health care was also analyzed. Results: Proper legal regulation of the right to health depending on the legal status of the vaccines is important in order to implement restrictive measures to combat COVID-19 and, accordingly, to prevent the possible spread of a pandemic in the public health system. Conclusions: Ensuring the right to health and applying restrictive measures to prevent the spread of a pandemic is an essential element of the public health system. However, the question of the legal status of vaccines is crucial to prevent the spread of the disease. That is, it is essential to go through all the stages of clinical trials for the vaccines used. Their safety and effectiveness and proving the fact that the harm of vaccination is much less than the harm of the spread of coronavirus disease. In the process of ensuring the right to health, including by making compulsory vaccination against COVID-19, legal framework and practice are critical components that aim to minimize the potential hazards that threaten the health and lives of the population.

Legal framework for improvement of agroecology by cultivating jerusalem artichoke

2020 ◽  
pp. 59-66
Author(s):  
Mykhailo Kosmii ◽  
Vasyl. Kasiianchuk ◽  
Ruslan Zhyrak ◽  
Ivan Krykhovetskyi
Keyword(s):  
Environmental Protection ◽  
Organic Farming ◽  
Alternative Energy ◽  
Building Materials ◽  
Environmental Law ◽  
Jerusalem Artichoke ◽  
Legal Framework ◽  
Legal Regulation ◽  
Practical Application ◽  
Scientific Cognition

The purpose of this paper is to analyze and research the legal mechanisms which make it possible to improve agroecology through the organization of cultivation of Jerusalem artichoke.Methodology. The methodology includes comprehensive analysis and generalization of available scientific, theoretical, practical and applied material and development of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, historical and legal, logical and normative, systemic and structural, functional, normative and dogmatic, generalization methods. Results. The process of analysis and research highlighted the possibilities of cultivating Jerusalem artichoke for improving agroecology, namely improving the ecological state of the atmosphere air and soil, preparing them for organic farming. The article contains examples of practical application of tubers of Jerusalem artichoke and herbage for the production of therapeutic and prophylactic products, alternative energy and highly efficient building materials. Scientific novelty. The study found that the authors summarized and systematized the levels of legal regulation in the field of using Jerusalem artichoke for improving agroecology, preparing soil for organic farming, in particular: the inter-sectoral level which covers the interaction of agricultural and environmental law in terms of cultivation and use of Jerusalem artichoke; the level of integrated environmental and legal regulation; level of individual resource (floristic) legal regulation; the level of environmental protection (anthropoprotection) legislation.Practical importance. The results of the study can be used in law-making and environmental protection activities related to issues of cultivating and using the Jerusalem artichoke as a means of improving agroecology.

Universal declaration of human rights as a source of universal international legal standards of human rights

2020 ◽  
pp. 36-42
Author(s):  
Uliana Kuzenko
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Universal Declaration ◽  
Human Being ◽  
Legal Basis ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Legal Standards ◽  
International Human

Purpose. The purpose of the article is to analyze the Universal Declaration of Human Rights as an international legal instrument, which for the first time formulated the foundations of modern democratic status of a human being and its fundamental rights and freedoms. Methodology. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as a formulation of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, formal and logical, systemic and functional. Results. The study found that the main features of the Universal Declaration of Human Rights as a source of international legal mechanism for the protection of human rights are: 1) it is a fundamental, foundational and universal international human rights act of the United Nations; 2) it establishes a system of fundamental human rights; 3) it defines a common system of fundamental international human rights standards; 4) it determines the principles of legal identity of a human being; 5) it determines the fundamental basis and principles of international legal regulation in the field of human rights protection; 6) it acts as an international legal basis for the adoption of the latest legislation on human rights protection; 7) it acts as an international legal basis for the codification of human rights legislation. Scientific novelty. The study found that the Universal Declaration of Human Rights points to the natural origin of human rights, which must be binding on all States and for the whole population, regardless of citizenship, in order to ensure the human rights protection in a democratic and rule-of-law State. Practical importance. The results of the study can be used to improve Ukrainian legislation on human rights and fundamental freedoms.

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