Impact of the Environmental Law Doctrine on the Development of the State Environmental Policy and Laws (original) (raw)
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Given that human society has reached high levels of development, which involves using natural resources in huge volumes, an important issue that arises is environmental protection. This requires the set up of rules that would protect the environment, and the result is a distinct bundle of legal relations, the environmental ones. News of a scientific study on the relation of environmental law is emphasized by the existence of divergences from the correct application of legal norms and the development of appropriate legal framework that refers to environmental protection. The subject of the article focuses on the system of theoretical, methodological and applicative issues, related to the environmental law relations. Good knowledge of the characteristics of application of rules and principles related to environmental law relations will largely determine the proper functioning of the mechanisms of environmental protection.
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The protection of the environmental rights of citizens is an important issue for the domestic and foreign state policy of Ukraine. Although environmental rights are formally recognised and enshrined in law, they fail to be implemented in practice. This indicates the imbalance and lack of effective political and legal mechanisms for an appropriate system of measures to create conditions for exercising environmental rights and interests, their protection, and restoration, as well as to assure environmental awareness and culture. In light of these general considerations, this research article aims to examine the current issues concerning access to justice for protecting environmental rights through the lens of the state policy of Ukraine and its real application to ensuring such protection. Accordingly, the underlying tasks of the article are: to analyse how meaningful and comprehensive the provisions of approved strategic documents are; to analyse the cases of the ECtHR against Ukrain...
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At the beginning of the 21st century mankind was confronted with such global challenges in various spheres of life as environmental problems, starvation and impoverishment of the majority of the world population, degradation of morality, increasing regional and interethnic conflicts, terrorism and others. The idea of sustainable development is the answer to these challenges today. Legal culture is one of the conditions for sustainable development of Ukrainian society. It allows to rethink the role and importance of state and legal institutions for ensuring sustainable development both at the ordinary and scientific level. This role is revealed by the tasks performed by the legal culture. The formation of the philosophy of sustainable development of the population, an understanding of the values and needs of stakeholders, the involvement of individuals in the system of legal values, and legal support for all activities aimed at achieving the sustainable development goals defined in t...
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the official constitutional doctrine of advocacy. In our opinion, the systematic updating of the legislation in connection with the integration of Ukraine into the European Union allows us to raise the question of improving access to the legal profession precisely on such grounds. A characteristic feature of Ukraine is the orientation towards European standards of advocacy. The study of legal aspects of access to the profession of a lawyer is inextricably linked to the activation of the processes of reforming the legal profession, the need to raise the level of not only professional requirements, but also to maintain a balance between the provision of fundamental human and citizen rights and the creation of a new elite whose task will be to provide quality legal assistance. Standardization of advocacy activities, first of all, should be of interest to the advocates themselves. It will be attractive to lawyers because it will encourage them to constantly raise their professional level, develop, and share their experience thanks to a clearly prescribed mechanism for exchanging information, taking into account the ethical and professional characteristics of advocacy. The standardization of advocacy activities is in no way intended to limit the professional activity of advocates, to establish any framework for them. On the contrary, the standards of the bar can and should relate to, and subsequently have a positive effect on, the moral image of each lawyer, in particular, and the bar as a whole.
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The purpose of the article is to study approaches used in the Criminal Codes of certain European countries regarding: 1) location in their systems of special parts of norms on liability for encroachment on the environment; 2) comparison of these approaches with the version embodied in the project of the new Criminal Code of Ukraine (hereinafter – the Project); 3) development of scientifically founded recommendations on this basis, which can be used both for the improvement of the relevant provisions of the Project and for the relevant prescriptions of the criminal laws of European states. When analyzing legislation of specific European countries, as well as substantiating research results, a wide range of scientific methods has been used: comparative legal, dialectical, methods of system analysis and modeling. Based on the research, it is summarized that, contrary to the Ukrainian Project, the majority of European states consolidated all criminal offenses against the environment wit...
Journal of the National academy of legal science of Ukraine, Volume 25, Issue 4
Journal of the National academy of legal science of Ukraine, 2018
Since 1993, the National Academy of Legal Sciences of Ukraine published a collection of scientific works "Journal of the National Academy of Legal Sciences of Ukraine." Since 2013 the scientific articles in Ukrainian and English are published in the collection. The purpose of the publication of the collection is to achieve an appropriate level of satisfaction of information needs in the field of law, development of the general theoretical problems of law making and law enforcement, studying the problems of the history of national state-building, the theory and practice of the state law of foreign countries and international law and coverage of the theoretical principles and applied aspects of the activities of state authorities and local self-government bodies. The collection contains scientific articles devoted to actual problems of jurisprudence: the theory and history of state and law, constitutional and state construction, civil, labor, financial, economic, administrative, customs, ecological, criminal law, criminal and civil processes, criminal investigations, etc. The Journal of the National Academy of Legal Sciences of Ukraine is included in the international scientometric database Index Copernicus International (Warsaw, Poland)