The reform of environmental legislation of Ukraine is the leading line of the state environmental policy Cover Image

Реформування екологічного законодавства України – провідний напрямок державної екологічної політики
The reform of environmental legislation of Ukraine is the leading line of the state environmental policy

Author(s): D. Blavatskaya
Subject(s): Human Rights and Humanitarian Law
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: environmental legislation; state environmental policy; environmental reform; the European Union

Summary/Abstract: Formulation of the problem. Trends to deterioration of ecologicenvironmental parameters, weakening the stability of its functioning and increasingrisks of disasters of natural origin, both in the country as a whole and in its individualregions, are evidencing numerous problems in implementing the nationalenvironmental policy of Ukraine and its regulation. This article analyzes thecharacteristics of reforming environmental legislation as an important component andleading directions of the state environmental policy.Analysis of recent researches and publications. Despite the fact that thedevelopment of environmental legislation of Ukraine as a whole and its individualcomponents investigated in the science of environmental law, particularly in thescientific works of V.I. Andreytseva, A.P. Hetmana, Y.S. Shemshuchenko et al.,however, the comprehensive analysis of the problem of reforming the environmentallegislation is not given due attention. First of all, it should be emphasized that in viewof the strengthening of globalization and the integration of Ukraine into the Europeanspace current environmental legislation of Ukraine needs further improvement,because It is important and relevant, but the question of accelerating the process ofbringing the legal framework in the field of environmental protection to the EUlegislation is not researched, but plays an important role in the implementation of thestate environmental policy and ensure its relationship with other sectors of publicpolicy.The main material. One of the most important and controversial issues in thenational 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 "StateEnvironmental Policy of Ukraine" characterized by heterogeneity of approaches to itsdefinition. Scientific concepts for its content characteristics are not identical, but as arule, experts have related views on the subject, object and purpose of stateenvironmental policy. Reforming environmental legislation is a complicated process;therefore, a clear plan from the outset is critical. Usually the process involves theadaptation and development of national laws and regulations, integrating the basicprinciples and characteristics of the European Union and the institutional base for thepractical implementation of national legislation. According to the European processof approximation it organized in three stages: transposition, implementation andenforcement (full implementation or technical implementation).Conclusions of the research. Considering the above, the reform ofenvironmental legislation should be seen as a kind of ecological relationships that aretemporary, but the long-term nature; dynamic process; component of the ecologicallegal doctrine; fundamental direction of environmental policy; legal institution.

  • Issue Year: 2/2015
  • Issue No: 08
  • Page Range: 14-14
  • Page Count: 15
  • Language: Ukrainian