MODERN PROBLEMS OF LEGISLATIVE PROVIDING OF THE USING AND PROTECTION OF NATURAL AND RESOURCING POTENTIAL OF UKRAINE IN THE CONTEXT OF THE STATE INNOVATIVE AND ENVIRONMENTAL POLICY
Journal Title: Право та інновації - Year 2018, Vol 3, Issue 23
Abstract
Problem setting. Sustainable socio-economic development of Ukraine depends on the efficiency of functioning of its economic complex in general and a particular industry in particular. At the same time, the material and spiritual needs of the population in recent years are constantly increasing. Thus, the state should take care of their satisfaction, while remembering the need to ensure rational and environmentally safe management and balanced use of natural resources (which, of course, is aimed at preservation and reproduction of the natural environment and natural resource potential of social production), create safe conditions for life and health of a person. Our state should review the doctrinal approaches and strategic goals, the main vectors of national politics, because the strengthening of the country's economic potential is possible only when the tasks are fulfilled and the movement will take place in the areas recognized as priorities. Target of research. The purpose of this work is to carry out a theoretical and methodological analysis of the peculiarities of the use and protection of natural resources of Ukraine, increase of natural resource potential, provision of ecological safety in the conditions of sustainable development, as well as formulation of scientific-theoretical and practical conclusions and proposals on the further systematisation of environmental legislation and elaboration of the state environmental and innovation policy in the context of European integration. The object of this study is the system of environmental legal relations in the sphere of the use of Ukraine's natural resources potential, ensuring the protection of the natural environment and environmental safety from the standpoint of the legal principles of state environmental and innovation policy. The subject of the research is the scientific-theoretical and applied problems of observance of legal principles when forming the state ecological and innovative policy in the field of use of natural resource potential, providing environmental safety in the modern conditions. Analysis of recent research and publications. The ecological and legal principles of state policy were at the center of attention of such scholars as V.I. Andritsev, G.I. Baluk, A.G. Bobkova, A.P. Hetman, P.O. Gvozdik, M.E. Kovalska, V.V. Kostytsky, M.V. Krasnov, P.F. Kulinich, N.R. Malysheva, V.L. Muntian, V.V. Nosik, J.S. Shemshuchenko, A.S. Shesteryuk, M.V. Shulga et al. The works of scientists are devoted to the study of the fundamentals of state innovative policy: D.V. Zadykhayla, Yu.V. Atamanov, S.V. Glibka, K.Yu. Ivanov, V.A. Ustimenka, V.I. Zakharchenko, N.M. Korsikov, M.M. Merkulova, L.I. Fedulova, P.P. Nikitiuk, L.A. Shwaika, N.V. Krasnokutsk, I.A. Silchenko, S.A. Agarkova etc. Article’s main body. The European choice of Ukraine and the launch of integration processes for the formation of a single legal and security space, the resolution of environmental and energy problems oblige our country to create a high-tech competitive environment, to develop and implement an innovative model of development that will promote economic growth, environmental security, competitiveness, etc. State ecological and innovation policy - these are interrelated and interconnected phenomena having a legal form. At the same time, innovation policy should be considered as a leading direction of economic policy. The state ecological policy is considered as a sovereign right of an independent country, a component of national policy, an integrated factor of the socio-economic uplift of Ukraine, ensuring sustainable development of the economy, the introduction of an environmentally balanced system of nature use (bearing in mind that the basic guidelines for the use of natural resources should be conservation of biological and landscape diversity and restoration of environmentally polluted territories), protection and reproduction of natural resources, compliance with requirements ecological safety of the population and territories. Taking into account the foregoing, the definition of the concept of "state environmental policy" (as, incidentally, any component of state policy, including innovation) is a system of legal, organizational, economic, social, ideological and other measures of the state, which are used to preserve the environment safe for the life of the living and inanimate nature, protect the life and health of the population, achieve harmonious interaction of society and nature, protection, rational use and reproduction of natural resources. The basis for the right to use natural resources should be ecological effect through the application of ecosystem, marketoriented and normative approaches. By studying the natural resource potential, one should pay special attention to the fact that today a single territorial system is being created in our country, namely the ecological network, in order to improve conditions for the formation and restoration of the environment, conservation of landscape and biodiversity, settlements and the growth of valuable species animal and plant world, the genetic fund, the ways of migration of animals through the combination of territories and objects of the nature reserve fund, as well as other territories which are of special value for the protection of the natural environment and in accordance with the laws and international obligations of Ukraine are subjected to special protection. The legal and legislative institution for the use of alternative energy sources is considered new and insufficiently studied for environmental law. Moreover, it has interdisciplinary (complex) character. We believe that energy law has not yet reached the level of an independent branch of law. On the one hand, energy law as a complex area brings together a wide range of diverse and specific legal issues related to the energy sector, interacts with environmental, land, administrative, civil, economic and other branches of law, which speaks in favor of enrolling it to the complex. In addition, the rules of the given branch of law should be regulated by the legal regime of objects and heterogeneous social relations. Further development of scientific and theoretical knowledge, branching and modernization of the legislative framework in the field of energy will constantly affect the formation, content and structure of energy law as an independent industry, and hence its place in the system of national law. Conclusions and prospects for development. In summary, we note that the problems of use, protection, environmental safety of natural resource potential have a social, institutional, financial, industrial-technical, environmental and legal character. In the future, it is necessary to clearly define the main directions of the state ecological and innovation policy, providing support for their functional communication in the field of use, reproduction, protection, environmental safety of natural resources. It should be noted that state environmental policy is a category (a) "dynamic" associated with innovation development; (b) is aimed at satisfying public and private interests; (c) is functionally linked with other priority areas of state environmental policy; (d) the plurality of types of subject-object composition; (e) is based on the competitive bases of the use of natural resource potential; (f) requires the introduction of effective economic and legal measures for the use of natural resource potential; (g) is of a long-term nature; (h) provides for the modernization of the system of measures for the protection and reproduction of natural resources; (i) improving the legal framework for ensuring environmental policy; and also must be (and) aimed at achieving international environmental quality standards, etc. Further codification of both ecological and innovative legislation of Ukraine is an urgent need for sustainable development of the state, and, therefore, should be based on relevant sectoral legal doctrines, and take into account the priority tasks of the modern national economy.
Authors and Affiliations
A. P. Getman, H. V. Anisimova
Keywords
Related Articles
- EP ID EP490860
- DOI -
- Views 47
- Downloads 0
THE IMPORTANCE AND ROLE OF PRINCIPLES OF ADMINISTRATIVE LAW
Problem setting. The article is devoted to the principles of administrative law as a building material of the industry; the article reveals the importance of the principles and features of the classification of the princ...
FEATURES OF FINANCIAL MANAGEMENT IN FOREIGN COUNTRIE
Problem setting. Exploring the financial system in the community, emphasize that the organization of financial management in our country is different from the same management in foreign countries. Target of research. The...
ПРАВОВЕ РЕГУЛЮВАННЯ ЗАХИСТУ ПРАВ СПОЖИВАЧІВ В ІНТЕРНЕТ ТОРГІВЛІ
Статтю присвячено: дослідженню правової природи та змісту захисту прав споживачів в мережі Інтернет. Розглядаються основні норми, що мають бути дотримані продавцем товару. Проводиться аналіз судової практики розгляду спр...
TO THE ISSUE OF NATURE OF HOLDING LEGAL RELATIONS AND LIABILITY OF HOLDING SUBJECTS
Problem setting. During the last century the trend of the development of new organizational and legal forms of legal entities with the search increasing efficiency and ensure that the interests of different groups of leg...
SOME ISSUES OF THE ADMINISTRATIVE AND LEGAL STATUS OF THE POLICE BODIES OF THE ESTONIAN REPUBLIC
Problem setting. The article deals with some actual issues of the administrative and legal status of police authorities in general, and of the Estonian Republic in particular, for studying and applying successful experie...