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.

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.

scholarly journals Complex ecological branch of law in terms of globalization

2021 ◽  
Vol 2 (2) ◽  
pp. 14-20
Author(s):  
Lydmyla Dobroboh
Keyword(s):  
European Union ◽  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
Legal Regulation ◽  
Green Economy ◽  
The European Union ◽  
National Legislation ◽  
Environmental Relations ◽  
The Impact

The article deals with study of the impact of globalization on the development of a complex branch of environmental law. A significant development of science and technology in the modern world, the relative "development of the planet" and globalization processes necessitate the solution of qualitatively new scientific and applied problems and, in particular, the need to take into account the intensive development of world industry, limited natural resources and environmental requirements. and social mobility. The author has analyzed the most important historical events, implementation of international norms on environmental protection to national legislation. A particular attention has been paid to the development of the idea of environmental protection in European law in the second half of XX century and the separation within it of European environmental law. Recently, such important issues as the management of genetically modified organisms, the management of waste and hazardous chemicals, the reduction of harmful emissions into the atmosphere and water pollution have been regulated. This state of legal regulation of environmental relations at the level of international law has a positive impact on the national legislation of the Member States of the European Union and other states that have taken the European direction of development, including Ukraine. One of the important areas of cooperation between the European Union and Ukraine is the joint solution of problems in the field of environmental management and environmental protection. It has been concluded that the international legal regulation of environmental relations is a system of purposeful actions of subjects of international law, aimed at the rational use of nature and environmental protection in order to preserve it for present and future generations. The green economy is a priority for the European Union.

scholarly journals Strategic Regulatory Instruments in Environmental Law of Russia

2020 ◽  
pp. 1671-1678
Author(s):  
Irina O. Krasnova ◽  
Valery N. Vlasenko
Keyword(s):  
Environmental Policy ◽  
Environmental Protection ◽  
Environmental Law ◽  
Environmental Security ◽  
Federal Law ◽  
Legal Nature ◽  
Regulatory Instruments ◽  
Environmental Relationship ◽  
The Moment ◽  
National Environmental

At the moment, there are new types of legal acts emerging in environmental law of Russia. Despite the vague legal nature of the strategic documents, they are gaining relevance in regulating environmental relationship though the regulation by strategic documents has become an uncontrolled and unpredictable process. This article reviews strategic and political documents addressing protection of the environment, environmental security and nature use. It points out the necessity to find their place within the system of environment-related legal acts to build a clear hierarchy in the system, to raise the efficiency of laws and to create a functional enforcement mechanism. The authors suggest two options: to adopt a separate legislative act on the national environmental policy or to introduce a separate chapter into the Federal Law “On Environmental Protection”, or alternatively, to carry out codification of the adopted strategic instruments

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.

Umweltschutzrecht in der Ukraine

2021 ◽  
Vol 67 (3) ◽  
pp. 335-352
Author(s):  
Oleksandr Bilash ◽  
Tetyana Karabin
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Protection ◽  
20Th Century ◽  
Environmental Impact Assessment ◽  
Environmental Law ◽  
Environmental Legislation ◽  
Nature Protection ◽  
Basic Law

This article provides an overview of the formation and development of environmental law in Ukraine. The review covers the period from the early 90 s of the 20th century to the present days. The paper reveals the essence and the significance of the basic law "On Environmental Protection", as well as special laws aimed at regulating certain issues. The reasons and results of the environmental law new institute formation - the institute of environmental impact assessment - are highlighted separately. The authors concluded that the development of environmental law in Ukraine in the coming years would be carried out in two main directions. First, it is the systematization of a large number of legislative acts in the field of nature protection. Secondly, it is the approximation of Ukraine's environmental legislation to EU environmental law.

scholarly journals Znaczenie prawa ochrony środowiska

2011 ◽  
Vol 9 (1) ◽  
pp. 85-97
Author(s):  
Leszek Karski
Keyword(s):  
Environmental Protection ◽  
Legal System ◽  
Crucial Role ◽  
Final Section ◽  
Environmental Law ◽  
Environmental Legislation

This article addresses the concept of environmental law. The paper begins with a general background on the justification for the study of environmental law. The second section focuses on the nature of law. In the next section the author analyses legal definitions of environmental protection and environment. As the analysis shows that environmental legislation plays a crucial role, the final section discusses its location in the Polish legal system. This study highlights that environmental law should be treated as a branch of law.

Environment and Law: A Perspective from Developing Countries

1986 ◽  
Vol 13 (1) ◽  
pp. 61-64
Author(s):  
Asit K. Biswas
Keyword(s):  
Environmental Management ◽  
Developing Countries ◽  
Environmental Protection ◽  
Environmental Law ◽  
Legal Systems ◽  
Environmental Legislation ◽  
Asian Countries ◽  
African Countries ◽  
Effective Implementation

Environmental law is an important tool for environmental management. A review of the environmental legislation existing in developing countries presents a very diverse picture. Generally speaking, the Asian countries have for the most part well-established and often highly-developed legal systems, which, when necessary, can assimilate new legal mechanisms and legislation for environmental management without undue turbulence. In contrast, the African countries have not on the whole made environmental protection a part of the fundamental laws that exist at present.Poor effectiveness of environmental legislation in developing countries should be a matter of very serious concern. Such poor effectiveness is primarily due to two major problems: a piecemeal, unsystematic legal approach to environmental management, and the lack of effective implementation of existing environmental legislation—irrespective of how good it may be to deal with the overall problem.

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.

Industrial zones is the place where the green city originates

2020 ◽  
Vol 16 (10) ◽  
pp. 1857-1880
Author(s):  
N.N. Krupina
Keyword(s):  
Public Relations ◽  
Environmental Protection ◽  
Green Infrastructure ◽  
City Planning ◽  
Urban Ecosystem ◽  
Environmental Security ◽  
Infrastructure Projects ◽  
Efficient Operation ◽  
Fiscal Incentives ◽  
Industrial Zones

Subject. The article updates the scientific view of the environmental protection greening and the special land use regime as a special city planning means of passive sanitary protection of people from the adverse aerial and technological impact and the recovery of the environment we live in. Objectives. I identify the specifics of designing and efficient operation of environmental protection greening as an inseparable part of the urban ecosystem. The article justifies the technique for strategic positioning of respective infrastructure projects in order to ensure the protective effect. Methods. The study relies upon general methods of analysis, systematization of existing viewpoints and published findings, graphic and logic analysis, matrix-based tools to choose an administrative strategy. Results. I analyzed the air-holding capacity of economic activity in regions and the outcome of air quality monitoring as a risk factor for public health. The article pinpoints operational difficulties in the environmental protection greening facilities and strategic approaches to addressing the issues in order to improve the environmental security of industrial zones. I determine new aspects of public relations and groups of criteria to assess the effectiveness of green infrastructure projects. The article provides the rationale for fiscal incentives for investors and public-private partnership of stakeholders. Conclusions and Relevance. Considering national projects, such as Ecology, Demography, Convenient Urban Environment, I emphasize the relevance of recovering and rehabilitating obsolete environmental protection greening facilities situated in industrial zones of industrially developed cities. Green projects should indeed comply with a set of progressive results of fundamental studies carried in various scientific areas. There should be fiscal incentives in terms of taxes and depreciation on special assets as the basis for the private-municipal partnership in green assets management in order to enhance the environmental security of industrial zones.

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