违反环境保护立法的法律责任若干问题

Oleksandr Kalian, Lidia Kupchenia, Mykola Syomych
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引用次数: 0

摘要

对乌克兰的环境保护立法进行了分类。为此目的,根据各种标准对乌克兰的法律行为进行了分析和系统化。研究了专门讨论违反法律规范的法律责任问题的科学文献,其中规定了保护自然的权利。事实证明,在全球化的条件下,环境条例必须考虑到环境保护领域的国际标准,特别是世界贸易组织和欧洲联盟的成就。国际社会在这一领域的某些法律文件的内容已得到澄清。 概述了法律责任的类型。其中一些问题是关于违反环境立法的法律后果的。特别是物质责任和纪律责任,其特点是通过国家环境检查工作人员对环境保护产生间接影响。之所以采用这种方法,是因为环境立法的有效性在很大程度上取决于相关雇员的工作质量。 同时,还考虑了使违法者承担经济、法律和其他类型法律责任的问题。 已经确定的是,减轻在乌克兰领土上军事行动的后果需要改进对违反环境条例的法律责任的制度。因此,本文对乌克兰劳动法、乌克兰行政犯罪法、乌克兰经济法和乌克兰刑法等主要的法律法规进行了分析。建议对监管法律行为进行单独修改。 总的来说,这项研究是基于这样一种说法,即通过对违反环境规范的人实施责任措施,有可能改善自然状态。这将有可能减轻在乌克兰领土上采取军事行动的后果
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Some issues of legal liability for violations of environmental protection legislation
The classification of the environmental protection legislation of Ukraine has been carried out. For this purpose, Ukrainian legal acts were analyzed and systematized according to various criteria. The scientific literature, devoted to the issue of legal responsibility for violation of the norms of laws, in which the right to nature protection is enshrined, was studied. It has been proven, that in the conditions of globalization, environmental regulations must take into account international standards in the field of environmental protection, in particular, the achievements of the World Trade Organization and the European Union. The content of certain legal documents of international communities in this area has been clarified. The types of legal responsibility are outlined. Some of them were considered in relation to the legal consequences for violating environmental legislation. In particular, material and disciplinary responsibility is characterized as having an indirect effect on environmental protection through employees of the state environmental inspection. This approach is due to the fact that the effectiveness of environmental legislation largely depends on the quality of work of the relevant employees. At the same time, the issue of bringing offenders to economic and legal and other types of legal responsibility is considered. It has been established, that mitigating the consequences of military actions on the territory of Ukraine requires the improvement of the institution of legal responsibility for violations of environmental regulations. Therefore, the main codified acts that regulate it, such as the Code of Labor Laws of Ukraine, the Code of Ukraine on Administrative Offenses, the Economic Code of Ukraine and the Criminal Code of Ukraine, were analyzed. Separate changes to regulatory legal acts are proposed. In general, this research is based on the statement about the possibility of improving the state of nature by applying measures of responsibility to violators of environmental norms. This will make it possible to mitigate the consequences of military operations on the territory of Ukraine
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