RELATIONS OF ENVIRONMENTAL MANAGEMENT AS A DIRECTION OF DEVELOPMENT OF THE LEGISLATION OF UKRAINE

Author

, assistant lecturer, Poltava, Pershotravnevyi, 5
ORCID ID:

In heading

Law;

Signed print

08.09.2017

Issues number

2017 - № 3 (30)

Page

96-107

Type of articles

Scientific article

Code UDK

349.6:346.14

ISSN print

2411-5584

Abstract

Problem setting. The well-known factor in the accumulation of ecological problems is the conflict between the environmental and economic interests of society. At the same time, well-constructed economic interests can be a mechanism for the simultaneous resolution of environmental and economic problems. It is not a coincidence environmental legislation in its basic Law “On Environmental Protection” contains the general construction of such an economic and legal mechanism.
Recent research and publications analysis. A. H. Bobkova has been engaged problems in the field of environmental management as an interdisciplinary scientific problem of environmental and economic law. At the same time, the scale of this problem, the need for practical development, and the formation of positions on the legislative policy of the state require further research of this topic.
Paper objective. An article objective is to define the tasks of the legal policy on the creation of legal mechanisms of environmental management in the system of legal economic order.
Paper main body. Environmental management is a multidimensional phenomenon realized on a commercial and non-commercial basis. These and other types of environmental management should become separate types of economic activity with a special ecological and legal regime of management. The problem of environmental management should be considered at the macro level, at the level of realization by the state of its policy, sustainable economic development.
The task of the Basic Law is to consolidate the system of ecological relations as a complex of social institutes and to elaborate the conceptual apparatus of “environmental innovations”.
Conclusions of the research:
1. The state of the ecological problems of society prompts the expansion of special modes of management of the ecological direction.
2. The solution of environmental problems in Ukraine requires a deep revision of the whole system of legal support of environmental protection.
3. The Basic Law should build the “ecological system” as a system of ecological relations,integral part of which should be a person, society, state.
4. The ecological policy of the state without other directions of economic policy is unlikely to be effective.
5. Environmentalization of economic activity can be achieved only at the expense of the innovative nature of the economic development of society.
Short Аbstract for an article
Abstract. The problem of the necessity legal institutionalization of environmental management as a factor of the decision ecological problems by economic and legal means is considered in the article. The question was raised about the need for a thorough revision of the legislation of Ukraine in the direction of its restructuring. Proposals for improvement of the constitutional and legal block of regulation ecological relations are presented. The question of institutionalization relations of “environmental innovations” as a key factor in the elimination of contradictions in economic and environmental interests was raised.

Keywords

Еnvironmental management, ecological system, ecological policy of the state, environmental innovations, special legal regimes of management.

Reviewer

External reviewer

Article in PDF

3 96-107

Bibliography

1. Hetman, A. P. (2013). Kontseptsiia rozvytku ekolohichnoho prava ta zakonodavstva yak peredumova zabezpechennia natsionalnoi ekolohichnoi polityky. Visnyk Natsionalnoi Akademii pravovykh nauk Ukrainy, No. 2 (73), 165–173 [in Ukrainian].
2. Bobkova, A. H. (2013). Pravove zabezpechennia rozvytku ekolohichnoho pidpryiemnytstva u konteksti doktryn hospodarskoho ta ekolohichnoho prava. Pravova doktryna Ukrainy. (Vols. 1–5); Vol. 4. V. Ya. Tatsii (Ed.) Kharkiv: Pravo, 216–251 [in Ukrainian].
3. Shapovalova, O. V. (2007). Adapatatsiia hospodarskoho zakonodavstva do vymoh staloho rozvytku. Extended abstract of Doctor`s thesis. Donetsk [in Ukrainian].

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19.06.2017