ADMINISTRATIVE AND LEGAL SUPPORT OF PUBLIC PARTICIPATION IN THE PROTECTION OF ENVIRONMENTAL SAFETY
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 4, Issue
Abstract
In the article administratively-legal principles of participation of public are analysed in the process of providing of ecological safety in Ukraine, attention applies on the today’s state of this legal institute. In the ecological safety of Ukraine provided a broad set of interrelated political, economic, technical, organizational, public-legal measures, including priority occupy administrative and legal forms of public participation in that process. Political, social and economic changes that have taken place since independence, formed the basis for the activities and the role of our country in the implementation of the Rights of Man. Ensuring the priority of human and civil rights in the state activity as the main goal of government guarantees adopted the necessary legislative branch of regulations. One of the main components of the state policy of the country is to ensure environmental safety in Ukraine. One of the main directions of state policy involving the public in environmental protection and monitoring of his condition. The greatest interest in causing regulative-stimulating measures. In these areas existing regulative-stimulating activities that make up the system of legal norms and rules aimed at regulating relations, enforcement priorities, regulations, standards, limits and other requirements. The author supports the view that Ukraine relations in the field of protection, use and reproduction of natural resources, environmental security, prevent and eliminate the negative impact of economic and other activity on the environment, conservation of natural resources, genetic fund of wildlife, landscapes and other natural complexes, unique natural areas and objects related to the historical and cultural heritage. Based on the complex nature of domestic environmental laws, identifies in his system a number of levels and groups. The first group includes acts purely environmental content, the second – are other legislative acts of Ukraine containing norms regulating relations in the field of environment and wildlife. After analyzing the current legislation, theoretical and practical achievements, the author was able to formulate the concept of legal principles in the field of public participation in the environmental safety, which is: the constitutional and legal, legislative, subordinate legal acts, international acts and local regulations. When providing environmental security protection should be understood as the public health system of rights and values in environmental and articulated system of mandatory rules of conduct established and sanctioned by the state, local governments and community organizations. Legal regulation should aim at identifying the social relations that need to be protected by public administration and justice; a clear definition of their responsibilities to ensure the rights of citizens in the area of environmental safety; species and fixing responsibility of management for failure or improper performance of these powers. Administrative and legal regulation of activities on environmental protection consists of provisions that reveal the content of these rights relating to the activities of these entities for their support and the introduction of forms of punishment for violations of human investigated. On the basis of current legislation suggestions are done in the field of providing of ecological safety and approaching of the Ukrainian legislation to the European standards.
Authors and Affiliations
М. І. Келемен
Keywords
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