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.

scholarly journals Rola Inspekcji Ochrony Środowiska w zakresie ścigania karnego

2019 ◽  
pp. 119-135
Author(s):  
Marta Jasińska
Keyword(s):  
Environmental Protection ◽  
Legal Regulation ◽  
Criminal Code ◽  
Main Body ◽  
Criminal Proceedings

According to legal regulation of the criminal proceedings code, non-judicial bodies bear responsibility for conducting preparatory proceedings. Prosecutor as the main body conducts or supervises proceedings. In regard to scope of the regulation, proceedings are conducted by Police or a body with the same eligibility as Police. Aforementioned powers result directly from the criminal code, and also from the Minister for Justice’s ordinance of September 22nd, 2015 regarding bodies that are, along with Police, approved to conduct proceedings. The regulation also regards bodies approved to bring and support accusation to trial in frst instance courts in cases which the proceedings were conducted in, as well as the scope of cases delegable to this bodies. Aforementioned powers result also from special statutes. This deliberation is based on revised statute of Inspection of Environmental Protection which expanses the range of bodies entitled to conduct preparatory proceedings in cases directly determined in the criminal code against environment.

Problems of formation of the regional innovative system of the Donetsk region

2020 ◽  
pp. 46-54
Author(s):  
Serhii Glibko
Keyword(s):  
Innovation Policy ◽  
Innovation System ◽  
Legal Regulation ◽  
Regional Innovation System ◽  
Regional Innovation ◽  
State Of The Economy ◽  
Innovative Potential ◽  
Object Of Study ◽  
Economic Formation ◽  
Effective Development

Problem statement. The current state of the economy and the factors that contribute to development, require the search for possible options for building or restoring economic ties at the regional levels, will be the impetus for the economic formation of OTG. But these issues require mandatory reflection in the program documents of the regions and regulations of the state. The purpose of the study. The work is aimed at identifying elements of innovative infrastructure and system, the potential of which can be used to restore the innovative economy of the region and establish areas of economic and legal regulation of the task. Object of study. The scientific study of the structure of the regional innovation system of the Donetsk region was carried out taking into account the principles of transparency, accessibility, completeness, and objectivity of information about the participants of the regional innovation system. Presentation of the main material. The specifics of the regional economy in the Donetsk region require special attention and the use of unconventional methods of detecting them. The study uses some systems analysis approaches related to parts of the system and its purpose. The Law of Ukraine “On Innovative Activity” of 04.07.2002 No. 40-IV does not contain the concept of innovative potential, but defines that one of the basic principles of state innovation policy is the creation of conditions for the preservation, development and use of domestic scientific, technical and innovative potential. Moreover, the very formation of the competitive potential of the Donetsk region is one of the most intense powers, the realisation of this visit is due to the establishment and the disarming of competitive passes, in addition to the basis of the innovative innovation and the unbaked investment of the region of privbliy. It was established that behind the results of the analising of the participants of the regional and innovative systems of the Donetsk region, a table was stored. To report on the illegality of the strategic planning in regulatory legal acts the development of innovative structures, the infrastructure and the reform of the enterprise, which is the competence of the business bodies of ownership in this area. compass the provisions of the development of the innovative and innovative systems in the Donetsk region. Conclusions. Analyzing the above, we can draw the following conclusions: firstly, territorially, the participants are located in the regional centre of Kramatorsk as a whole, as well as in such large industrial cities as Bakhmut, Mariupol, Pokrovsk. The importance of creating and promoting the development of innovative infrastructure by local authorities will contribute to the effective development and productivity of the formation of a regional innovation system in the Donetsk region.

scholarly journals Digital Technologies for Sustainable Development: Legal Challenges. Conference Review

2021 ◽  
pp. 46
Author(s):  
Valeriia Ermolaeva
Keyword(s):  
Sustainable Development ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Legal Issues ◽  
Access To Justice ◽  
Business Law ◽  
The Sustainable Development ◽  
Legal Challenges ◽  
Conference Review

This is a conference review of Digital Law Conference dedicated to the legal challenges of digital technologies for sustainable development. It was held at the Department of Business Law of Lomonosov Moscow State University (Russia, Moscow, November 26, 2020). The Sustainable Development Goals (SDGs) officially known as Transforming Our World: the 2030 Agenda for Sustainable Development are 17 goals for international cooperation recognized by the UN. The purpose of this conference was to share, learn, and discuss main approaches to legal regulation of "end-to-end" digital technologies in Russia and elsewhere in the world, taking into account that implementation of the leading technologies should contribute to achieving SDGs. There has been considered the legal issues of the application of various digital technologies through the prism of achieving SDGs: the promotion of sustained, inclusive, and sustainable economic growth and digital technologies; the legal aspects of democratization of access to financial markets and tokenization of economy; the legal issues of implementation of the Internet of Things; the legal support for sustainable industrialization and innovation using Artificial Intelligence and other digital technologies; the use of digital technologies to promote an open society for sustainable development, access to justice for everybody, and so on. The contribution of digital technologies for sustainable development was well-illustrated, and many actionable solutions were proposed.

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.

The legal features of the introduction of the state land cadastre

2021 ◽  
pp. 133-138
Author(s):  
Tamara Terekhova
Keyword(s):  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
Main Body ◽  
Legal Norms ◽  
Domestic Literature ◽  
Stage Of Development ◽  
Land Surveying ◽  
Land Relations ◽  
Real Value

Formulation of the problem. At the present stage of development of land relations in Ukraine, the activity related to the maintenance of the state land cadastre is of great importance and is intended to collect information and inform the participants of land relations about the real value and legal regime of each land plot in Ukraine. Such activity requires effective legal support because maintenance of the state land cadastre requires clear and transparent procedures for entering information into it and receiving information from its registry. Recent research on the topic. Problems of legal regulation of the maintenance of the state land cadastre has not received a wide coverage. Among the most revealing researches it is necessary to emphasize the dissertation of N. Grabovets , in which the subject of research was the legal support of the main types of land cadastral activity, and the scientific study of O. I. Sidorchuk , in which the legal aspects of the order of maintenance of natural resource cadastres were discussed. Legal aspects of maintaining the state land cadastre can be found in scientific works of A. G. Borovitskaya, N. O. Kuchakovskaya and Z. V. Yaremak. Currently, a comprehensive study of the legal regulation of the state land cadastre has not been conducted in the domestic literature. The purpose of this study is to determine the legal specifics of maintaining the state land cadastre. Article’s main body. Scientific research is devoted to determination of legal peculiarities of introduction of the state land cadastre. It was found that the legal regulation of the state land cadastre must be a relationship between landowners and landowners, the state, state entities and the community. The foundation of the legal regulation of the state land cadastre is the Constitution of Ukraine, which states that the laws of Ukraine determine the principles of land use exclusively. However, it should be noted that the main legal act on the maintenance of the state land cadastre is the Law of Ukraine "On the State Land Cadastre". In addition, some provisions concerning the maintenance of the state land cadastre are reflected in the Land Code of Ukraine, the laws of Ukraine "On Land Assessment", "On Land Surveying", "On Topographic and Geodesic and Cartographic Activities" and several bylaws. As a result of the conducted research it was established that the complex interconnected process of maintaining the state land cadastre requires a clear legal support for its organization. Law norms that regulate the organization of the areas of cadastral activities, including those related to the maintenance of the state land cadastre, are contained in different legal acts, which leads to the need for their systematization in a single legal act. Conclusions and prospects for the development. As a result of the conducted research it was established that the complex interrelated process of maintaining the state land cadastre requires a clear legal support for its organization. However, legal norms that regulate the organization of the areas of cadastral activity, including those related to the maintenance of the state land cadastre, are contained in different legal acts, which leads to the need for their systematization in a single legal act.

Upgrading the Chinese Economy by Overhauling Special Economic Zones

2013 ◽  
Vol 27 (4) ◽  
pp. 297-312 ◽  
Author(s):  
Christiane Gebhardt
Keyword(s):  
Systems Approach ◽  
Innovation Policy ◽  
Development Stage ◽  
Chinese Economy ◽  
Main Body ◽  
Special Economic Zones ◽  
Regional Innovation ◽  
Policy Objective ◽  
Innovation Model ◽  
Economic Zones

In the 12th Five-Year Plan (2011–2015), the Chinese Committee of Science, Technology and Education, the main body for the central government's innovation policy, highlights the strengthening of the scientific–technological base and the upgrading of domestic innovative competences, and places the industrial focus on seven new strategic industries. Available data show that the transition is underway, from a Chinese growth model based on the availability of inexpensive land, investments, exports and a very large low-cost workforce to science-based and innovation-driven growth. However, the poor outcomes from public S&T expenditures suggest that future growth will depend on a different growth formula and that the greatest impact will come from an innovative innovation model. This paper focuses on an emerging Chinese innovation model that applies elements of cluster theory and the regional innovation systems approach to the next development stage of Chinese Special Economic Zones. The model also adopts features of the Triple Helix model of university–industry–government relations such as ‘systemness’ and entrepreneurial universities to enforce regional innovativeness. The author outlines the management and governance challenges associated with the policy objective of moving from imitation to innovation. The paper is based on a study on cluster management for the German Ministry of Education and Research (BMBF) 2009–2013 and on empirical research in collaboration with the Chinese Association of Developmental Zones (CADZ) in 2012. The study used 15 expert interviews with managers of Tianjin Wuqing Development Zone in the Beijing–Tianjin Corridor and with senior officials of CADZ, the Chinese Academy of Sciences and the Ministry of Science and Technology, at the Second China German Innovation Forum held in Berlin on 26 and 27 November 2012.

scholarly journals Development of the Knowledge Economy and Regional Innovation Policy in the Context of Sustainable Development: Russian Practice

2017 ◽  
Author(s):  
Elena Tkachenko ◽  
Sergey Bodrunov ◽  
Elena Rogova
Keyword(s):  
Sustainable Development ◽  
Balanced Scorecard ◽  
Knowledge Economy ◽  
Innovation Policy ◽  
Innovation Management ◽  
Life Quality ◽  
Green Economy ◽  
Regional Innovation ◽  
The Balanced Scorecard ◽  
Regional Innovation Policy

The paper explores different models of innovation management at the regional level and reasons for the best model considering the specific features of St. Petersburg as the innovative region of Russia. The authors, on the base of their long-time experience in studies of innovative enterprises and elaborating the regional innovation policy in St. Petersburg, propose the tool of creation and measuring the results of the regional innovation policy that promotes the life quality improvement and regional sustainable development. The balanced scorecard is used as a method, based on the methodology of knowledge economy development and adjusted to the specific needs of St. Petersburg innovation eco-system. The authors pay special attention to the implementation of principles of green economy into the realization of the regional innovation policy and the proposed balanced scorecard.

scholarly journals Regulation of environmental protection measures in the Caspian Sea region

2021 ◽  
Vol 262 ◽  
pp. 03002
Author(s):  
Sergey Yekimov ◽  
Oleg Bavykin ◽  
Elena Kuznetsova ◽  
Roman Kucherenko ◽  
Dmitriy Kucherenko
Keyword(s):  
Environmental Protection ◽  
Caspian Sea ◽  
Environmental Problems ◽  
Legal Regulation ◽  
Global Scale ◽  
The European Union ◽  
Environmental Legislation ◽  
Economic Activities ◽  
The Caspian Sea ◽  
Protection Measures

Information obtained as a result of monitoring of water bodies is taken as a basis for legal regulation of economic activities related to environmental pollution. In the context of a globalized economy, the strengthening of environmental protection measures in one of the neighboring countries often leads to the fact that the next plant will be built across the border, and its impact on the environment on a global scale will be the same. In this study, the authors studied the problem of finding new ways to solve the environmental problems of the Caspian Sea. The Caspian Sea belongs to Kazakhstan, the Russian Federation, Turkmenistan, Azerbaijan and Iran. to solve the environmental problems of the Caspian Sea, it is necessary to unify the environmental legislation of these countries, similar to the unification of the environmental legislation of the European Union countries.

scholarly journals Assessment of the impact of government expenditure on environmental protection on the GDP in the context of environmental legislation

2020 ◽  
Vol 7 (3) ◽  
pp. 375-384
Author(s):  
Oksana Levytska ◽  
Aliona Romanova
Keyword(s):  
Neural Network ◽  
Sustainable Development ◽  
Environmental Protection ◽  
Neural Network Model ◽  
Current Problem ◽  
Government Expenditure ◽  
Environmental Legislation ◽  
Environmental Programs ◽  
The Neural Network ◽  
The Impact

This article assesses the impact of government expenditure on environmental protection and various social and economic variables on GDP. It analyzes the environmental legislation necessary for the development of environmental activities if Ukraine. The current problem is determined by reducing government expenditure on environmental protection, which will negatively affect the implementation of environmental protection projects. The result of the study is to clarify the extent to which government expenditure on environmental protection should be modified to increase GDP, which changes should be made to the legislation achieving a transition to economies that guarantee sustainable development. The relationships between the variables were analyzed by making use of the neural network model. The study concludes suggestions on how to increase government expenditure on environmental protection for the coming years to strengthen funding for important environmental programs and to make appropriate amendments to the legislation of Ukraine.

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.

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