Legal grounds of decentralization strategical planning in environmental and natural resources spheres
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2017, Vol 28, Issue
Abstract
Started from 2014, when government of Ukraine adopted Conception on self-government reforming and territorial organization of power in Ukraine, decentralization reform was initiated. It is also based on such program documents as Strategy for sustainable development of Ukraine-2020, which was adopted by Decree of President January 12, 2015; Coalition Agreement 2014 and Program of Activities of Cabinet of Ministers of Ukraine, adopted by Resolution of Parliament April 14, 2016. In Ukraine, decentralization reform conditionally is devoted into two parts. First direction of reform – it is directly reforming of self-government and territorial power organization in Ukraine, second direction – it is, so called sectoral reforms, which are planning to be implemented in such spheres of public life as education, health protection, social protection and nature management. The purpose of this article is to research peculiarities of legal grounds for decentralization reform performance in ecological and natural resources spheres and based on following analyses to provide recommendations on strategical planning of such sectoral reform of decentralization. As it was found out, in nearest future environmental and natural resources legislation of Ukraine should be considerable changed. At the same time proposed amendments are not systematized from the point of view of environmental and natural resources law, they are distributed for different directions of economy and public relations reforming in Ukraine. Taking into consideration the following provisions, it is possible to assume that working out and adoption of appropriate drafts of legal documents will have selective character and will not ensure systematic development of such legislation branches. New wave of amendments to natural resources and environmental legislation of Ukraine could lead to further complication of these legislation structures, accumulation of significant amount of secondary level legal acts and its controversial provisions. Experience of particular states-members of EU in the sphere of improvement natural resources and environmental legislations shows that it is reasonable to carry out simultaneously codification of this legislation and its adaptation for acquis communautaire. Conducting codification of environmental and natural resources legislation will ensure its substantive improvement and renovation of out-of-date legal norms. Adoption of new Environmental Code of Ukraine in accordance with mentioned above requirements will contribute that in future new laws and secondary legal acts, which will be worked out for it implementation, will be automatically a priori correspondent to main principles and provisions of acquis communautaire in the sphere of environmental protection.
Authors and Affiliations
Oksana Kyshko-Yerli
Keywords
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