Права людини як мета співпраці держави та громадянського суспільства у сфері управління побутовими відходами в Україні / Human Rights as a Purpose of Cooperation between the State and Civil Society in the Field of Household Waste Management
Journal Title: Журнал східноєвропейського права - Year 2018, Vol 51, Issue
Abstract
The article studies of the problem of cooperation between the public administration of Ukraine and civil society in the field of household waste management in Ukraine. On the basis of the research carried out by the author, it is concluded that the Domestic Law studies human rights as being completely dependent on the will of the state and on their consolidation in the legislation of Ukraine. Such an approach to human rights does not meet the requirements of the present, since it places a person in complete dependence on the state, on her desire to guarantee and ensure human rights. A fundamentally different approach exists in European jurisprudence, in which human rights are seen as a fair demand addressed to the state. Human rights, in accordance with this approach, should guarantee protection for a person, be an unbiased regulator in relations between subjects of law, and also an arbiter in resolving disputes between them. Regulatory regulation of the interaction of the state and civil society with regard to their cooperation in the field of household waste management in Ukraine should be carried out at the expense of the ecological resource law of Ukraine as a sub-sector of the special administrative law of Ukraine. At the same time, the key issue of this cooperation should be human rights, since they are the common goal of the functioning of both the state and civil society. It is on the basis of cooperation between the state and civil society that both the further development of domestic waste management in Ukraine is possible as well as further improvement of the legal regulation of household waste management in Ukraine. We are convinced that it is objectively necessary to create, with the joint participation of the state and civil society, the Strategy of Household Waste Management in Ukraine as a program document that should consolidate the strategic goals of the development of household waste management in Ukraine. Such a strategy may be the basis for further reform of the waste management sector in Ukraine. When defining strategic goals for the development of domestic waste management in Ukraine, it is necessary to focus on those priorities, ideas and principles that are defined by the norms of international law and EU law. Comprehensive are they defined in Art. 361 Association Agreements between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other. In our view, the list of these principles should be supplemented with the following principles: 1) the principle of recognition of rights, freedoms and legitimate interests as the main goal and priority of state and civil society in the field of household waste management in Ukraine; 2) the principle of obligatory consideration of public and private interests in the management of domestic waste in Ukraine; 3) the principle of mandatory involvement of civil society in the state to resolve issues related to household waste management in Ukraine; 4) the principle of compulsory guidance of civil society in normative and law enforcement activities in the field of household waste management in Ukraine.
Authors and Affiliations
Mykhailo Kravchenko
Keywords
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