The reform of environmental legislation of Ukraine is the leading line of the state environmental policy
Formulation of the problem. Trends to deterioration of ecologic environmental parameters, weakening the stability of its functioning and increasing risks of disasters of natural origin, both in the country as a whole and in its individual regions, are evidencing numerous problems in implementing the...
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| Format: | Article |
| Language: | English |
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Yaroslav Mudryi National Law University
2016-03-01
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| Series: | Теорія і практика правознавства |
| Subjects: | |
| Online Access: | http://tlaw.nlu.edu.ua/article/view/63712 |
| _version_ | 1819161251818766336 |
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| author | Д. А. Блавацька |
| author_facet | Д. А. Блавацька |
| author_sort | Д. А. Блавацька |
| collection | DOAJ |
| description | Formulation of the problem. Trends to deterioration of ecologic
environmental parameters, weakening the stability of its functioning and increasing
risks of disasters of natural origin, both in the country as a whole and in its individual
regions, are evidencing numerous problems in implementing the national
environmental policy of Ukraine and its regulation. This article analyzes the
characteristics of reforming environmental legislation as an important component and
leading directions of the state environmental policy.
Analysis of recent researches and publications. Despite the fact that the
development of environmental legislation of Ukraine as a whole and its individual
components investigated in the science of environmental law, particularly in the
scientific works of V.I. Andreytseva, A.P. Hetmana, Y.S. Shemshuchenko et al.,
however, the comprehensive analysis of the problem of reforming the environmental
legislation is not given due attention. First of all, it should be emphasized that in view
of the strengthening of globalization and the integration of Ukraine into the European
space current environmental legislation of Ukraine needs further improvement,
because It is important and relevant, but the question of accelerating the process of
bringing the legal framework in the field of environmental protection to the EU
legislation is not researched, but plays an important role in the implementation of the
state environmental policy and ensure its relationship with other sectors of public
policy.
The main material. One of the most important and controversial issues in the
national environmental and legal doctrine can be considered the definition of
"environmental law", which did not receive its legislative confirmation. In turn,
because of the integration processes and modern conditions the legal category "State
Environmental Policy of Ukraine" characterized by heterogeneity of approaches to its
definition. Scientific concepts for its content characteristics are not identical, but as a
rule, experts have related views on the subject, object and purpose of state
environmental policy. Reforming environmental legislation is a complicated process;
therefore, a clear plan from the outset is critical. Usually the process involves the
adaptation and development of national laws and regulations, integrating the basic
principles and characteristics of the European Union and the institutional base for the
practical implementation of national legislation. According to the European process
of approximation it organized in three stages: transposition, implementation and
enforcement (full implementation or technical implementation).
Conclusions of the research. Considering the above, the reform of
environmental legislation should be seen as a kind of ecological relationships that are
temporary, but the long-term nature; dynamic process; component of the ecological
legal doctrine; fundamental direction of environmental policy; legal institution. |
| first_indexed | 2024-12-22T17:09:23Z |
| format | Article |
| id | doaj.art-caaedd8614e14a4b91d6dbb7c3fd73e7 |
| institution | Directory Open Access Journal |
| issn | 2225-6555 |
| language | English |
| last_indexed | 2024-12-22T17:09:23Z |
| publishDate | 2016-03-01 |
| publisher | Yaroslav Mudryi National Law University |
| record_format | Article |
| series | Теорія і практика правознавства |
| spelling | doaj.art-caaedd8614e14a4b91d6dbb7c3fd73e72022-12-21T18:19:07ZengYaroslav Mudryi National Law UniversityТеорія і практика правознавства2225-65552016-03-012810.21564/2225-6555.2015.2.6371263712The reform of environmental legislation of Ukraine is the leading line of the state environmental policyД. А. БлавацькаFormulation of the problem. Trends to deterioration of ecologic environmental parameters, weakening the stability of its functioning and increasing risks of disasters of natural origin, both in the country as a whole and in its individual regions, are evidencing numerous problems in implementing the national environmental policy of Ukraine and its regulation. This article analyzes the characteristics of reforming environmental legislation as an important component and leading directions of the state environmental policy. Analysis of recent researches and publications. Despite the fact that the development of environmental legislation of Ukraine as a whole and its individual components investigated in the science of environmental law, particularly in the scientific works of V.I. Andreytseva, A.P. Hetmana, Y.S. Shemshuchenko et al., however, the comprehensive analysis of the problem of reforming the environmental legislation is not given due attention. First of all, it should be emphasized that in view of the strengthening of globalization and the integration of Ukraine into the European space current environmental legislation of Ukraine needs further improvement, because It is important and relevant, but the question of accelerating the process of bringing the legal framework in the field of environmental protection to the EU legislation is not researched, but plays an important role in the implementation of the state environmental policy and ensure its relationship with other sectors of public policy. The main material. One of the most important and controversial issues in the national environmental and legal doctrine can be considered the definition of "environmental law", which did not receive its legislative confirmation. In turn, because of the integration processes and modern conditions the legal category "State Environmental Policy of Ukraine" characterized by heterogeneity of approaches to its definition. Scientific concepts for its content characteristics are not identical, but as a rule, experts have related views on the subject, object and purpose of state environmental policy. Reforming environmental legislation is a complicated process; therefore, a clear plan from the outset is critical. Usually the process involves the adaptation and development of national laws and regulations, integrating the basic principles and characteristics of the European Union and the institutional base for the practical implementation of national legislation. According to the European process of approximation it organized in three stages: transposition, implementation and enforcement (full implementation or technical implementation). Conclusions of the research. Considering the above, the reform of environmental legislation should be seen as a kind of ecological relationships that are temporary, but the long-term nature; dynamic process; component of the ecological legal doctrine; fundamental direction of environmental policy; legal institution.http://tlaw.nlu.edu.ua/article/view/63712environmental legislationstate environmental policyenvironmental reformthe european union |
| spellingShingle | Д. А. Блавацька The reform of environmental legislation of Ukraine is the leading line of the state environmental policy Теорія і практика правознавства environmental legislation state environmental policy environmental reform the european union |
| title | The reform of environmental legislation of Ukraine is the leading line of the state environmental policy |
| title_full | The reform of environmental legislation of Ukraine is the leading line of the state environmental policy |
| title_fullStr | The reform of environmental legislation of Ukraine is the leading line of the state environmental policy |
| title_full_unstemmed | The reform of environmental legislation of Ukraine is the leading line of the state environmental policy |
| title_short | The reform of environmental legislation of Ukraine is the leading line of the state environmental policy |
| title_sort | reform of environmental legislation of ukraine is the leading line of the state environmental policy |
| topic | environmental legislation state environmental policy environmental reform the european union |
| url | http://tlaw.nlu.edu.ua/article/view/63712 |
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