Anthropologycal conservation factors of Environmental Law of Ukraine

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Anthropologycal conservation factors of Environmental Law of Ukraine

Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2018, Vol 29, Issue

Abstract

One of the main directions of the sustainable functioning of Environmental Law is the provision of environmental human rights. Modern legal mechanisms are aimed at improving and developing a person in an environmentally sound environment. Anthropological Law has a particular importance in the context of Environmental Law and the protection of the ecological interests of people, especially those who are requiring special protection through a number of factors (age, sex, health and environment, accidents, etc.). Objects of the same ecological-legal branches of Law should be considered as defined in Article 1 of the Constitution of Ukraine «The highest social values»: Life and health of citizens, their rights and freedoms, legitimate interests and safety, as well as the natural environment as a certain integrated community and the highest socialgood. Thereby, the basic social purpose of environmental safety is, first and foremost, in providing a person with a special benefit - the ability to carry out his activity in such an environment that does not endanger life and health, that is, a safe environment. By their nature, the legal relationship that occurs in this case is regulatory because it relates to the activities of economic entities having sources (objects) of increased potential environmental hazard. Another type of relevant legal relationship, consisting in the field of interaction between man and nature in order to ensure environmental safety, is a protected legal relationship. Despite a large array of regulatory and legal regulation of ensuring the ecological safety of a person in the legislation of Ukraine and International law, all of them are oriented to a practically healthy person. All criteria for the safety of the environment and its individual components contained in the standards and norms, as a reference point, should provide a safe environment for the average organism. However, from a biological point of view, there are a large number of categories of people whose bodies are otherwise responsive to environmental threats and challenges. This is due to various reasons. These causes may be objective (age, gender) or subjective (specific needs related to health, man-made or natural influences), internal or external. But all of them are called «vulnerable categories of the population». Unfortunately, today the legal regulation of social relations to ensure the ecological safety of these categories, the question remains practically open. Under these circumstances, the formation of not only sound theoretical and methodological foundations of the study of European environmental law in the context of the life of various categories of the population (including vulnerable ones), but also the process of Europeanization, adaptation of the Ukrainian legislation to the experience of European Environmental Law, analysis of the conditions under which the influence of the EU legal system will contribute to the formation of an optimal, ecological and legal status of the Ukrainian population, taking into account, among other things, the peculiarities of the legal regulation of the ecologist safety of vulnerable population groups.

Authors and Affiliations

Olga Vasianovych

Keywords

social-ecological Law Anthropological Law Anthropological factors environmental human rights vulnerable groups of the population

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EP ID EP525641
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