scholarly journals The concept, principles and functions of the legal technique of environmental legislation

Legal Ukraine ◽  
2019 ◽  
pp. 36-48
Author(s):  
Alexander Patlachuk
Keyword(s):  
Environmental Protection ◽  
Public Administration ◽  
Environmental Law ◽  
Social Institution ◽  
Legal Regulation ◽  
Internal Communication ◽  
Legislative Process ◽  
Environmental Legislation ◽  
Public Authorities ◽  
Natural Objects

The article deals with the content of the concept, of principles and functions of legal technique of environmental legislation. These principles are related to the processes of development of legal technique and environmental law, reflected the value of natural objects and provided a mode of their effective use. A study of such main categories of legal technique of environmental legislation is undertaken: a 1) concept; 2) principles; 3) functions. Summarizing the system of different approaches, it is formulated the term of legal technique of environmental legislation, which is a dynamic phenomenon that reflects the functioning of law, environmental legislation, taking into account the features of protection of use and reproduction of natural objects and includes a system of means of preparation and adoption of regulatory and legal acts aimed at preserving the environment. This definition makes it possible to streamline legislation on the use of nature conservation and reproduction and to limit human impact on the status of such objects. Among the principles of legal technique were: 1) humanism; 2) complexity; 3) science; 4) systematicity; 5) stability; 6) public administration. The principle of humanism is based on the ideas of a careful, caring attitude towards natural resources, which is reflected in the legal technique of draft legal acts. The principle of a comprehensive approach of legal technique of environmental legislation is connected with the necessity to take into account the difficult character of the legal regulation in this area. The principle of scientificity is connected with the necessity of observing the rules of legal technique, which is used in the preparation of environmental regulations. The principle of systematic characterized the orientation of the legal act, the preservation of internal communication and interdependence of all its parts and the logical sequence of placement of material. The principle of stability is due to the fact that the development of the environmental protection field was through the adoption of regulations aimed at the protection of the most important natural objects. The principle of public administration finds its realization when considering the legal technique of normative legal acts adopted by public authorities and local self-government. With the help of the functions of legal technique, tasks that are put before the law as a social institution are carried out and given that environmental norms are adopted by state bodies, some functions overlap with the functions of the state. The functions of the legal technique of environmental legislation are aimed at implementing the legislative process in this field, ensuring the legal nature of the legislation, promoting full and accurate reflection, clarity and accessibility of the content of acts. The following features of the legal technique of environmental legislation are highlighted: 1) axiological; 2) prognostic; 3) regulatory; 3) security, 4) information; 5) theoretical and methodological. Consideration of monitoring, preparation of cadasters, environmental expertise, normalization, state and public control in the field of environmental protection deserves special attention in the consideration of the functions of legal technology of environmental legislation. Theoretical and methodological function of legal technique allows to improve the process of preparation of regulatory acts to avoid inaccuracies, contradictions and conflicts in their content. Key words: legal technique, regulatory legal act, environmental legislation, public administration, principles of law, public authorities, functions.

scholarly journals International legal regulation of the right to adequate environment

2003 ◽  
Vol 55 (1) ◽  
pp. 89-103
Author(s):  
Vid Vukasovic
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Environmental Law ◽  
Well Being ◽  
Legal Regulation ◽  
Environmental Legislation ◽  
International Treaties ◽  
Aarhus Convention ◽  
The Right ◽  
The Eu

The article deals with some key issues concerning the evolution of the concept of the right to adequate environment. The evolution took several decades to reach the present state in which it is obvious that the right has been accepted as one of the so called third generation human rights by both doctrine and practice, in international environmental law as well as in national environmental legislation of a number of countries. In the first phase of development only some elements of the right existed within the ?classical? human rights (the right to life, the right to health etc.) of so called first and second generation. The turning point was the UN Stockholm 1972 Conference on the environment. The right was inserted in the first principle, of the Declaration accepted by the conference, and already had most of its main elements: the right to adequate living conditions in an environment with the quality that not only guarantees healthy life but a life in dignity and well-being. After the Stockholm Conference, the right was embraced by a part of the doctrine, and increasingly mentioned and discussed within the frame of the UNEP, the relevant UN specialized agencies, as well as by some other international organizations active in the field of environmental protection. The result of this acceptance was an increasing insertion of the right in international treaties as well as in various declaratory documents, on both universal and regional levels. The author devotes a part of his article to the development in Europe, and especially to the work of the Council of Europe, the UN Economic Commission for Europe (UNECE) and the EU. The author believes that most important development in Europe occurred within the ?Environment for Europe Process?, under the aegis of the UNECE. The result of it was signing of the Aarhus Convention (1998), one of most important international treaties signed until now. First of all, it regulates two important fields - protection of human rights and protection of environment. In it not only the right to adequate environment is explicitly mentioned in the Art. 1, but the main elements of the right are regulated in detail. The three ?pillars? of the Convention are devoted to the right to environmental information, the right of citizens to participate in environmental matters and the right to access to justice in matters concerning the environmental protection. It should be added that the Aarhus Convention has become a part of the EU legislation. Due to that, the whole process of implementation of the convention has become unavoidable for all candidate countries, as a proof of their intent to apply in practice environmental legislation and to democratise their societies.

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.

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.

Regulatory relationship on use and environmental protection in the innovative sphere

2021 ◽  
Author(s):  
Olena Savchuk
Keyword(s):  
Sustainable Development ◽  
Environmental Protection ◽  
Innovation Policy ◽  
Scientific Work ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Main Body ◽  
Environmental Legislation ◽  
Regional Innovation ◽  
Regulatory Relationship

Problem setting. The functioning of legal relations of use and environmental protection is currently regulated by a number of regulations of different legal force and direction. All this legislation is aimed at ensuring a safe environment, stopping the negative climate change caused by industry, agriculture, low energy efficiency of buildings, lack of waste management system, as well as reducing carbon sequestration by the ecosystem. The object of research is the legislation that regulates the legal relationship regarding the use and protection of the environment in the field of innovation. The subject of the study is the state of the regulatory framework and legislative regulation of legal relations regarding the use and protection of the environment in the field of innovation. Analysis of recent researches and publications. Legal relations on the use and protection of the environment in the field of innovation have repeatedly attracted the attention of researchers. In particular, A.P. Hetman considered the issues of environmental and legal component of innovative entrepreneurship, G.V. Anisimova studied issues of environmental and legal aspects of regional innovation system, V.L. Bredikhina in the field of research were issues of legal support of environmental safety in the field of implementation innovation policy. Krasnova M.V. considered the introduction of innovative dominants of sustainable development in the environmental legislation of Ukraine. In addition, the scientific literature analyzed the legal basis for the introduction of innovative technologies in agribusiness (Bakai Yu. Yu.); legal support for the introduction of ecologically oriented innovations in Ukraine (Lebedeva T.M.), ecological innovation management in the mechanism of sustainable development (Zadykhailo D.D.). However, the study that would be aimed at analyzing the legal regulation of the use of environmental protection in the field of innovation was not yet, which prompted us to choose this topic of scientific work. Target of research is to identify and make proposals to current legislation in certain areas. The scientific novelty of the study is to make proposals to consolidate amendments to current legislation and proposals for the development of separate documents to regulate the functioning of legal relations of use and environmental protection in the field of innovation. Article’s main body. The normative-legal acts are researched, the scientific specialized literature is analyzed according to the chosen theme of scientific work. The need to amend the current legislation, the importance of developing regulations aimed at applying existing and developing new mechanisms to ensure the use and protection of the environment in the innovation sphere are identified and emphasized. Conclusions and prospects for the development. After analyzing the legal support for the functioning of legal relations of use and environmental protection in the innovation sphere, we came to the conclusion that today there is an urgent need to develop and implement a special legal act that would establish a set of measures to develop innovation in the use and environmental protection. The purpose of such a document, first of all, should be the mechanism of implementation of previously adopted regulations, expanding access to environmental information of the population, including interaction between scientific and educational institutions, the introduction of modern advanced technologies. As already noted during the dissertation, the issue we are considering goes far beyond just environmental legislation, so it should also be noted that the necessary harmonization of legislation between other institutions of law – economic, civil, tax and more. In addition to the above, I would like to emphasize that the Law “On Environmental Protection, acting as the main legislative document in the field of environmental relations does not enshrine issues of innovation, environmental innovation.

DIGITAL TECHNOLOGIES IN PUBLIC ADMINISTRATION: LEGAL ASPECTS

2021 ◽  
pp. 220-228
Author(s):  
O.L. Alferov ◽  
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Information Society ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Public Authorities ◽  
Foreign Countries ◽  
Three Stages ◽  
The Russian Federation

This review analyzes the experience of Russia and a number of foreign countries in implementing digital technologies in public administration, and describes the main regulatory legal acts adopted at the three stages of the formation of the information society in the Russian Federation. The focus is on the problems of legal regulation of the digitalization of public authorities.

scholarly journals Institutional Foundations of Ukraine’s Transition to the Green Economy

2020 ◽  
Vol 11 (4) ◽  
pp. 16
Author(s):  
Igor Timoshenkov ◽  
Vitalina Babenko ◽  
Olga Nashchekina ◽  
Оksana Makovoz
Keyword(s):  
Environmental Protection ◽  
Social Relationships ◽  
Environmental Law ◽  
Environmental Security ◽  
Green Economy ◽  
Economic Institutions ◽  
Environmental Legislation ◽  
Institutional Foundations

Possibilities and impediments to Ukraine transition to the Green Economy have been analyzed. The development and improvement of Ukraine environmental law have been determined as the obligatory condition of this transition. The main objectives of the environmental law improvement have been formulated: improving the quality and effectiveness of economic institutions, regulating social relationships in the sphere of environmental protection and assuring the environmental security of society. Codification of Ukraine environmental legislation and adoption of Ukraine environmental code have been characterized as the main way of achieving these objects.

Spatiality of Environmental Law

2015 ◽  
Vol 12 (2) ◽  
pp. 173-188 ◽  
Author(s):  
Lasse Baaner ◽  
Line Hvingel
Keyword(s):  
Spatial Information ◽  
Environmental Law ◽  
Legal Regulation ◽  
Environmental Legislation ◽  
Core Element ◽  
Legal Information ◽  
Legal Norms ◽  
Digital Maps ◽  
Legal Accountability ◽  
Future Path

Digital society challenges the traditional perception of legal sources. The use of maps as a basis for public administration dates far back, but e-Government’s use of digital maps that include legal information creates new legal obstacles. In the coming decades, the inspire directive of 2007 will determine the interplay between geographic data and technology in the fields of environmental legislation, environmental policy and environmental management. This article examines the legal regulation of spatial information as established by the inspire directive, on one hand, and on the other hand, examines legal regulation as spatial information. It aims to deepen the understanding of spatiality as a core element of environmental law, and to connect it to the basic concept of representation used in giscience. It concludes that the future path for e-Government demands a shift in legal paradigm, from maps showing representations of applied legal norms, to maps build on datasets that have legal authority. That will integrate legal and geographic information systems, and improve the legal accountability of decision support systems used in e-Government services based on spatio-legal data.

scholarly journals Subsoil: the Legal Regulation of Some Questions of Law Enforcement Practice

2020 ◽  
Vol 17 (3) ◽  
pp. 63-67
Author(s):  
Marina Buchakova
Keyword(s):  
Law Enforcement ◽  
Public Good ◽  
Environmental Law ◽  
Mineral Resources ◽  
Environmental Water ◽  
Legal Regulation ◽  
Root Cause ◽  
Judicial Practice ◽  
Legal Method ◽  
Natural Objects

Introduction. The relevance of the article is due to the existence of contradictions and conflicts in the Russian legislation in the field of subsoil use, which determines the controversial issues that arise in law enforcement practice. Purpose. The purpose of the research is to analyze the legal regulation of the Institute of subsoil use, law enforcement practice in the field under study. Methodology. The paper primarily uses the formal legal method for analyzing current legislation, as well as general approaches and methods related to the methodological apparatus of legal science: analysis, synthesis, and a systematic approach. Attention is paid to the analysis of materials of judicial practice on issues of subsurface use. Results. In the sphere of subsurface use, the environmental interests protected by law should be primarily of a public legal nature, since harm is caused to natural objects that are primarily in public ownership and are a public good. Accordingly, the main principle in resolving disputes in this area should be the principle of priority of public interests. The author comes to the conclusion that the existence of numerous normative acts in the field of subsoil use is manifested in their certain inconsistency and inconsistency. In addition, the sphere of subsurface use is characterized by an intersectoral relationship with civil, environmental, water, land and other branches of law, legal conflicts of which can also be the root cause of contentious issues in law enforcement practice. Conclusion. Improvement of legal regulation in the investigated area is possible in terms of harmonization of the legislation on subsoil, land, water and environmental law; introduction to the legislation on mineral resources terminology provisions eliminating an ambiguous interpretation of the rules; reduction rules having reference nature; establishing the penalties for offences are proportionate to the damage caused to natural objects. primarily owned by the public and being a public good.

scholarly journals Federal Districts in Russia: Practices of Improving Public Administration

2021 ◽  
Vol 21 (4) ◽  
pp. 33-40
Author(s):  
M.G. Shishkin ◽  
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Federal District ◽  
Legal Regulation ◽  
Public Authorities ◽  
Federal Districts ◽  
The Russian Federation ◽  
The Creation

Goals and reasons for the creation of federal districts in the Russian Federation and the institution of plenipotentiary representatives of the President of the Russian Federation in federal districts are studied. The problematics of the study is the current normative legal regulation of the federal districts functioning. The author proposes amending legislation on federal districts in order to systematize legal regulation in the sphere of interaction of public authorities located on a federal district territory.

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.

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