Law. Human. Environment最新文献

{"title":"The current state and prospects of development of legal support of hydraulic land reclamation","authors":"D. Maryna","doi":"10.31548/law2021.03.007","DOIUrl":"https://doi.org/10.31548/law2021.03.007","url":null,"abstract":"The article is devoted to the analysis of the current state of the legislation of Ukraine in the field of hydraulic reclamation of lands, as well as to highlight the prospects for the development of legal support of the outlined sphere of public relations. It is established that hydraulic reclamation of lands contributes to increasing soil fertility, increasing productivity and sustainability of agriculture, creating a guaranteed food fund of the state. However, in recent years, the effectiveness of hydraulic land reclamation is declining, due to a number of reasons of objective and subjective nature: insufficient logistics and shortcomings in the operation of hydraulic structures, deterioration of ecological and reclamation of agricultural land, lack of interest and responsibility land users. These factors include incomplete use of scientific developments, insufficient information support, imperfect and outdated legal framework. Given the great importance of hydraulic land reclamation for the development of agriculture in the country, these relations require proper legal regulation. It is concluded that the problems of combating desertification, resource and food security of the state in years with adverse weather conditions, water supply of agriculture cannot be solved only by organizing land reclamation, because this problem is complex. In order to achieve the goals of the Irrigation and Drainage Strategy in Ukraine for the period up to 2030, it is necessary to ensure effective interaction of legal, organizational, economic and financial mechanisms of irrigation and drainage restoration in Ukraine within the framework of the identified priority areas. Keywords: land reclamation, hydraulic land reclamation, land irrigation, land drainage, agricultural lands","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121139999","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Administrative responsibility for offense in the field of environmental protection","authors":"Kidalov Serhii, Snizhna Valeriia","doi":"10.31548/law2021.03.015","DOIUrl":"https://doi.org/10.31548/law2021.03.015","url":null,"abstract":"The scientific work investigates the features of administrative liability for offenses in the field of environmental protection. A classification of administrative offenses in the field of environmental protection has been formed, where the most common method is classification by object of encroachment. A study of the composition of administrative offenses in the field of environmental protection. In particular, it is determined that the composition of environmental offenses consists of: object – public relations in the field of environmental protection; subject – a natural sane person aged 16 years; objective side – illegal behavior, causing harm to the environment or violation of legal rights of subjects of environmental law; the causal link between the wrongful conduct of a person and the harm caused, the subjective side – guilt, motive and purpose of the offense. The issues, essence, features and types of measures of administrative coercion in the field of nature protection, the system and types of administrative penalties, the causes and conditions of committing offenses in the field of ecology are studied. In particular, it is determined that the causes and conditions of environmental offenses can be divided into two groups: subjective (is circumstances that arise in a person's desire to commit them) and objective, which include negative consequences for the nature of some achievements of science and technology. In addition, the scientific article attempts to analyze the main mechanisms of prevention of administrative offenses in this area and on the basis of this analysis, the authors provide their own conclusions on improving the administrative and legal mechanism of environmental protection. Also, it is determined that the administrative remedies for the prevention of administrative offenses in the field of environmental protection in addition to the establishment of legal norms, rules, regulations and standards include: state control over environmental protection; persuasion measures; measures of administrative coercion applied for the purpose of prevention, cessation of offenses in the field of environmental protection and bringing the perpetrators to administrative responsibility, as well as remedial measures. It is proved that to improve the administrative and legal mechanism in the field of ecology, our state should introduce: the use of legal, scientifically sound approach, a system of assistance to enterprises in the field of environmental modernization of production, adoption of the «polluter pays» principle, training and retraining of civil servants, environmental sphere. Keywords: administrative offenses, environmental protection, administrative and legal mechanism, composition of administrative offenses, administrative coercion, administrative and legal measures","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124471268","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Natural resource and post-resource relations: the hierarchy of branches and the ratio of subjects","authors":"D. Maryna, Marinich Volodymyr","doi":"10.31548/law2021.03.008","DOIUrl":"https://doi.org/10.31548/law2021.03.008","url":null,"abstract":"The article examines the place of Natural Resource Law and post-resource branches of law in the legal system, proposes a hierarchy of these branches and outlines the relationship between the subjects of natural resource and post-resource relations. The subject of legal regulation of Natural Resource Law is defined as qualitatively homogeneous natural resource relations, consisting of the use and reproduction of natural resources – a legally defined part of the environment that have signs of natural origin and are in ecological relationship with the environment and with each other, can be used as a source of meeting human needs. All natural resources, as well as the relationship to their use and reproduction, are closely linked. This connection will always be inseparable and reciprocal. It is established that in the system of Natural Resource Law public relations regarding the use and reproduction of certain natural resources are in fact its subsectors and provide a differentiated approach to the environmentally sound use of each of the relevant natural resources. Natural Resource Law is not a conglomeration of land, water, forest and subsoil law, but their qualitative unity based on a single nature, factors of development and the internal structure of social relations. It is concluded that neither the long history of legislation, nor a significant amount of regulations that are sources of post-resource industries, are grounds for denying the inseparable and mutual connection of post-resource branches of law with each other and with Natural Resource Law and the objective need for separation independent branch of Natural Resource Law. Keywords: Natural Resource Law, land law, water law, forest law, subsoil law, faunal law, floristic law, natural resource relations, post-resource relations, legal system, branch of law","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"164 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120899869","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Peculiarities of legal regulation of ecoturism in Poland: prospects for Ukraine","authors":"Yermolenko Volodymyr, Zhuryna Alona","doi":"10.31548/law2021.03.004","DOIUrl":"https://doi.org/10.31548/law2021.03.004","url":null,"abstract":"The scientific article examines the experience of the legal regulation of ecotourism in Poland. Poland is Ukraine's western neighbor and has passed the European integration path, so the application of Poland's positive experience in legal regulation of natural resources for ecotourism will be really useful. In particular, special attention is paid to the issues of clear delineation of the concept of ecotourism (rural green tourism), the purpose of ecotourism is determined. This scientific article directly analyzes the Polish legislation and identifies the main criteria that distinguish ecological / rural green tourism from other types of tourism. In general, it is determined that the experience of Poland in the legal regulation of ecotourism and its use of natural resources for ecotourism is quite progressive, as Polish legislation contains a number of provisions that address various issues that are not regulated in Ukraine. This scientific article highlights some aspects of the legal regulation of ecotourism (rural green tourism) in Poland, which may be useful for Ukraine. This scientific article presents proposals that can be tested by the domestic legislator in the process of formulating legislation on the use of natural resources for ecotourism. Keywords: ecotourism, legal regulation of ecotourism, ecotourism resources, ecotourism legislation of Ukraine, ecotourism legislation of Poland","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120953896","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Occupational safety during work with pesticides: the state of legal provision","authors":"N. Tamara","doi":"10.31548/law2021.03.012","DOIUrl":"https://doi.org/10.31548/law2021.03.012","url":null,"abstract":"The article is devoted to the analysis of the current state of legal protection of labor protection when performing work with pesticides, as well as the formulation on its basis of conclusions and proposals aimed at improving the current legislation in this area. It is established that the process of updating labor legislation is currently underway in Ukraine. In particular, through the adoption of regulations governing the rules of labor protection when working with certain types of chemicals (for example, ammonium nitrate). As a result of the study of current legislation in the field of labor protection when working with pesticides, it was concluded that the basic documents (State Sanitary Rules 8.8.1.2.001-98 «Transportation, storage and use of pesticides in the national economy» and State Sanitary Rules and Norms 8.8.1.2.3.4-000-2001 «Permissible doses, concentrations, quantities and levels of pesticides in agricultural raw materials, foodstuffs, air of the working area, atmospheric air, water of reservoirs, soil») are not able to regulate properly appropriate relations due to the obsolescence of their provisions. The main shortcomings of State Sanitary Rules 8.8.1.2.001-98 are determined: references in its content to already invalid regulations on labor protection, inconsistency with modern developments in the field of hygiene and toxicology of pesticides; unreasonably detailed regulation, which results in an excessive burden on business entities and leads to formalism in the implementation of the provisions of this document by employers; incorrect «rigid» regulation of the choice of personal protective equipment for work with pesticides. The directions of improvement of the legislation in the field of labor protection at performance of works with pesticides are defined. Among them: introduction of a risk-oriented approach to the organization of labor protection, including in the field of agriculture; borrowing positive international experience in the field of awareness of stakeholders on the hygienic regulation of pesticide use, the necessary safety measures for work with the use of such substances. Keywords: occupational safety, dangerous production factor, labor protection regulations, labor protection, pesticides, legal support, agriculture","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122812279","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"On the issue of legal environment of the application of green bonds for the development of organic production in Ukraine","authors":"N. Tamara, Melnyk Viktoriia","doi":"10.31548/law2021.03.009","DOIUrl":"https://doi.org/10.31548/law2021.03.009","url":null,"abstract":"The article presents a scientific and theoretical analysis of the legislation that introduces green bonds as a tool for financing organic production, as well as identifies ways for its improvement. It is determined that a new type of securities – green bonds, can become one of the tools to support the development of organic agricultural production. It is proved that the allocation of environmental projects as a direction, which involve the use of funds raised from the issuance of green bonds, organic farming, is debatable, given the lack of normative definition of this concept, which may complicate the implementation of legislation and compliance with green bond issuance standards (Green Bond Principles). Based on the analysis of legal doctrine in terms of defining the concepts of «organic farming», «organic crop», «organic production», as well as features of organic production, it is concluded that organic crop, livestock, aquaculture fully meet the categories of environmental projects GBR principles (such as: ecologically sustainable agriculture, animal husbandry and aquaculture; agricultural technologies that do not harm the climate, etc.) It is proposed to set out the first paragraph of Part 2 of Art. 18 of the Law of Ukraine «On Capital Markets and Organized Commodity Markets» as follows: «environmental project is a project in the field of alternative energy, energy efficiency, minimization of waste generation, utilization and processing, introduction of environmentally friendly transport, organic production, conservation of flora and fauna, water and land resources, adaptation to climate change, and another project, aimed at protecting the environment, implementing environmental standards, reducing emissions into the environment». Keywords: government support, green bonds, legal support, environmental project, organic production, organic farming, organic products","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129145504","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Regulatory and legal environment of counterfeiting and prevention of domestic violence against women","authors":"Hbur Liusia","doi":"10.31548/law2021.03.017","DOIUrl":"https://doi.org/10.31548/law2021.03.017","url":null,"abstract":"The article analyzes the legal support for combating and preventing domestic violence against women. The statistics show that in 2020 the bodies and institutions entrusted with the functions of implementing measures to prevent and combat domestic violence received 211,362 complaints about domestic violence, of which – 2,756 from children, 180,921 – from women , 27 676 – from men. It is concluded that the ratification of the Istanbul Convention is still open, which currently helps all signatory states to effectively combat a wide range of phenomena, including psychological violence, physical violence, sexual violence, especially rape, forced marriage, forced abortion, forced abortion, forced abortion. genitals, crimes in the name of so-called «honor», harassment, sexual harassment, etc. In addition, the need to ratify the Istanbul Convention has been and continues to be insisted on by the world community, as by signing this Convention, Ukraine has committed itself to ratifying it in the future. It is determined that the normative-legal provision of prevention and counteraction to domestic violence against women consists of a set of international covenants, declarations and conventions, normative-legal and by-laws normative-legal acts. It has been found that the number of reports of violence against women is increasing every year, so the legislator should work to prevent any forms of domestic violence by amending the legislation governing preventive measures. Keywords: violence, women, gender equality, Istanbul Convention, domestic violence, combating violence, domestic violence, gender equality","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133890168","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal principles of deregulation of agricultural business in Ukraine","authors":"Hafurova Olena, Marchenko Svitlana","doi":"10.31548/law2021.03.005","DOIUrl":"https://doi.org/10.31548/law2021.03.005","url":null,"abstract":"The article is devoted to the analysis of legal issues of deregulation of agrarian business in Ukraine. Historical aspects of deregulation of Ukraine's economy are studied. The legislation and special literature on deregulation of agrarian business are analyzed, the main measures of deregulation of agrarian business in Ukraine are singled out and characterized. Attention is drawn to the need to ensure the balance of public and private interests in the agricultural sector of the economy in determining the limits of deregulation of agribusiness. Based on the analysis of current legislation and practice of its application, it is concluded that the deregulation of agrarian business in Ukraine is universal, as it covers all elements in the structure of agrarian relations, which allows to consider it as one of the main principles in the mechanism of legal regulation of institutional and functional support. agrarian relations. Keywords: legal regulation, agrarian sphere, agrarian business, deregulation, State agrarian register, public administration, optimization of public administration","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"516 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123090470","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Current state of activity of public governance bodies in the field of waste management","authors":"Svitlychnyy Oleksandr, Gavrylyuk Oleksandr","doi":"10.31548/law2021.03.014","DOIUrl":"https://doi.org/10.31548/law2021.03.014","url":null,"abstract":"The article is devoted to the study of the activities of public administration authorities in the field of legal waste handling. Normative legal acts are analyzed, scientific opinions on the important role of administrative authorities are presented, the role of administrative law in the researched sphere is emphasized. It is proved that the regulation of relations in the field of waste handling is impossible without a system of public administration entities, which in accordance with laws and other regulations, within their competence are designed to solve the tasks of the state. It is identified that in addition to the executive authorities, other subjects of administrative law that do not belong to public authorities can have certain administrative functions in the field of waste handling. They can be legal entities and collective entities that have the status of a legal entity. In some cases, regulations may provide for the involvement of individuals of private law to implement management functions in the field of waste handling. Keywords: entities, public administration, waste, activity, normative legal acts","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121081758","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The role of the state in combating COVID-19: vaccination problems","authors":"Svitlychnyy Oleksandr","doi":"10.31548/law2021.03.013","DOIUrl":"https://doi.org/10.31548/law2021.03.013","url":null,"abstract":"The article emphasizes that the health of the population, which is one of the greatest values, is a necessary condition for socio-economic development of the country and emphasizes that in the fight against acute respiratory disease COVID-19, vaccination of the population of Ukraine is important. The legal acts are analyzed, the problematic issues related to vaccination of the population are revealed. One of the reasons for mistrust is the spread of false information about vaccination. It is emphasized that the solution of the existing problems of vaccination puts before the state the need to take appropriate organizational and legal measures. The Law of Ukraine «On the Public Health System», № 4142, which is in the Verkhovna Rada of Ukraine, should play an important role in this issue. Keywords: state, government, regulations, health, COVID-19, vaccination","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130135351","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}