ADMINISTRATIVE RESPONSIBILITY IN THE FIELD OF THE USE OF TECHNOGENIC DEPOSITS IN UKRAINE
Journal Title: Судова та слідча практика в Україні - Year 2017, Vol 3, Issue
Abstract
The article is devoted to the problems of improving the legal regulation of the use and protection of man-made technogenic deposits. The article substantiates the expediency of introducing a special rule, which should provide grounds for establishing administrative responsibility. A special subject of administrative responsibility for violation of the regime for the use of man-made deposits identi- fied officials of legal entities – business entities. The issue of responsibility for the violation of the regime for the use of technogenic mineral deposits is in fact belonging to the problems of the global world level, the solution of which will help preserve minerals in the bowels of the planet for future generations, and will also help prevent further pollution of the natural environment. In this aspect, the development of technogenic deposits should be intensified, and implemented by a well-established internal and external state environmental policy, the effectiveness of which should be ensured by all subjects of public administration. The author clarified that environmental and legal responsibility requires the application of a set of normative acts (civil, administrative, criminal, economic law) and are characterized by the blanketness of the provisions of the law. The author substantiated the expedi- ency of supplementing the Code of Ukraine on Administrative Offenses of Art. 57-1 “Illegal Devel- opment of Technogenic Mineral Deposits”. The grounds for bringing to administrative responsibility are proposed to determine the use of man-made mineral deposits or promising technogenic mineral resources without special permission (license), including unauthorized development of man-made production wastes, non-compliance with the safety requirements for the use of technogenic deposits and environmental protection requirements.
Authors and Affiliations
О. В. Гладій
Keywords
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