Nowadays environmental protection comes to the fore. The consequences of insufficient attention to the problem can be disastrous. It is important not only for the welfare of mankind, but also for the its survival. Especially disturbing is the fact that the degradation of the natural environment becomes irreversible.
Legal regulation is an essential task of the environmental activity, which is the core of modern ecological sphere of society. The transformation of the structure of the social relations and relations between society and nature in environmental activities are the main prerequisites for change in the nature of legal regulation of ecological sphere of society [2, p. 89].
The role of law in regulation the interaction between nature and society is to establish science-based rules of human behavior in relation to nature. The most important substantive rules for such behavior are fixed in national legislation. They become rules of law, which are obligatory for execution and compliance, moreover, they are provided with state coercion in the case of non-compliance.
State environmental policy is an important part of national policy. It is closely connected with the economic, social, cultural and other spheres of social life. An important means of implementation in the field of environmental public policy is the creation of an efficient and effective regulatory framework that is able to ensure the effective functioning of the environmental law [1, p. 3]. An extensive system of environmental legislation was created in Ukraine. It is based on the Constitution of Ukraine, which defines the foundation of the legal regulation of environmental protection.
The Ministry of Ecology and Natural Resources of Ukraine implements the State policy in the area of environmental protection, of rational using of natural resources and their recreation, of protection of the population and the environment from the negative impact of economic activity by adjusting the environmental, nuclear and radiation safety at various objects. The Ministry is guided by the Constitution of Ukraine, laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers.
Nature protection and rational using of natural resources in Ukraine is governed by the Law “On Protecting the Natural Environment”, which was adopted on 25th of June, 1991. It defines the conceptual elements of the legal regulation of environmental relations objectives and the main principles of environmental protection, ownership of natural resources and their using, and environmental rights of citizens: right to a safe and healthy environment, right to unite in public environmental organizations, right to receive in the prescribed manner complete and reliable environmental information and so on [3]. Along with the rights the Law “On Protecting the Natural Environment” provides some duties in relation to citizens. Citizens are obliged to: save, protect, make optimal use of natural wealth; must not violate environmental rights of other subjects; have to pay damages.
This Law subsequently was concretized in Codes and other laws. Ukraine has a number of enactments, the main purpose of which is to regulate using and protection of natural resources. They are: Land Code of Ukraine, Water Code of Ukraine, Forestry Code of Ukraine, Subsoil Code of Ukraine, the Law of Ukraine “On Plant Life”, the Law “On Animal Life”, the Law “On Air Protection”, the Law “On Natural-reserved fund”. Also were adopted laws that regulate the prevention and elimination of negative factors of influence on the environment, human life and health. Particularly, the Law of Ukraine “On Ecological Expertise”, the Law “On Waste”, the Law “On Pesticides and Agrochemicals”, the Law “On Environmental Emergency Zone”, the Law “On the Management of Radioactive Waste”.
The Law of Ukraine “On Protecting the Natural Environment” provides that Ukraine joins to all kinds of international cooperation in the sphere of nature protection and rational using of natural resources, which is carried out by concluding treaties, agreements and takes part on the environmental activity of the United Nations Organization and other governmental and non-governmental organizations.
In spite of the fact that in the development of environmental legislative framework of Ukraine was made a lot, it also has significant disadvantages compared with other countries, especially in the sphere of protection of the population from the negative impacts of environment. But if we consider that the legislation of Ukraine continues to develop and it acquires a positive foreign experience, we can hope for state improvement of situation in the future.
Literature:
1. Рябець К.А. Екологічне право України: навчальний посібник/ К.А. Рябець. – Харків, Центр учбової літератури, 2009. – 436 с.
2. Сытников Д.М. Экологическая сфера в структуре современного общества / Д.М. Сытников // Правова держава. – 2014. – № 18. – С. 84–89.
3. Про охорону навколишнього природного середовища : Закон України від 25 червня 1991 року // Відомості Верховної Ради України. – 1991. – № 41. – Ст. 456.
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Scientific leader: D.M. Sytnikov, PhD, Assoc. Prof., Odessa I.I. Mechnikov National University
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