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The current state and prospects of development of legal support of hydraulic land reclamation 水利土地复垦法律支持的现状与发展前景
Pub Date : 2021-09-16 DOI: 10.31548/law2021.03.007
D. Maryna
The article is devoted to the analysis of the current state of the legislation of Ukraine in the field of hydraulic reclamation of lands, as well as to highlight the prospects for the development of legal support of the outlined sphere of public relations. It is established that hydraulic reclamation of lands contributes to increasing soil fertility, increasing productivity and sustainability of agriculture, creating a guaranteed food fund of the state. However, in recent years, the effectiveness of hydraulic land reclamation is declining, due to a number of reasons of objective and subjective nature: insufficient logistics and shortcomings in the operation of hydraulic structures, deterioration of ecological and reclamation of agricultural land, lack of interest and responsibility land users. These factors include incomplete use of scientific developments, insufficient information support, imperfect and outdated legal framework. Given the great importance of hydraulic land reclamation for the development of agriculture in the country, these relations require proper legal regulation. It is concluded that the problems of combating desertification, resource and food security of the state in years with adverse weather conditions, water supply of agriculture cannot be solved only by organizing land reclamation, because this problem is complex. In order to achieve the goals of the Irrigation and Drainage Strategy in Ukraine for the period up to 2030, it is necessary to ensure effective interaction of legal, organizational, economic and financial mechanisms of irrigation and drainage restoration in Ukraine within the framework of the identified priority areas. Keywords: land reclamation, hydraulic land reclamation, land irrigation, land drainage, agricultural lands
本文专门分析了乌克兰在土地水力开垦领域的立法现状,并强调了概述的公共关系领域的法律支持发展的前景。土地的水力复垦有助于提高土壤肥力,提高生产力和农业的可持续性,为国家创造有保障的粮食基金。然而,近年来,由于水工设施的物流不足和运行缺陷、农用地的生态和复垦恶化、土地使用者的利益和责任缺失等客观和主观原因,水工土地复垦的有效性正在下降。这些因素包括不充分利用科学发展,信息支持不足,法律框架不完善和过时。鉴于水利复垦对我国农业发展的重要意义,这些关系需要适当的法律规范。结论认为,我国气候条件恶劣年份的防沙治沙、资源和粮食安全、农业供水等问题,不能仅靠组织土地复垦来解决,因为这是一个复杂的问题。为了实现到2030年乌克兰灌溉和排水战略的目标,有必要确保在确定的优先领域框架内,乌克兰灌溉和排水恢复的法律、组织、经济和财政机制的有效互动。关键词:土地复垦,水力复垦,土地灌溉,土地排水,农用地
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引用次数: 0
Administrative responsibility for offense in the field of environmental protection 环境保护领域违法行为的行政责任
Pub Date : 2021-09-16 DOI: 10.31548/law2021.03.015
Kidalov Serhii, Snizhna Valeriia
The scientific work investigates the features of administrative liability for offenses in the field of environmental protection. A classification of administrative offenses in the field of environmental protection has been formed, where the most common method is classification by object of encroachment. A study of the composition of administrative offenses in the field of environmental protection. In particular, it is determined that the composition of environmental offenses consists of: object – public relations in the field of environmental protection; subject – a natural sane person aged 16 years; objective side – illegal behavior, causing harm to the environment or violation of legal rights of subjects of environmental law; the causal link between the wrongful conduct of a person and the harm caused, the subjective side – guilt, motive and purpose of the offense. The issues, essence, features and types of measures of administrative coercion in the field of nature protection, the system and types of administrative penalties, the causes and conditions of committing offenses in the field of ecology are studied. In particular, it is determined that the causes and conditions of environmental offenses can be divided into two groups: subjective (is circumstances that arise in a person's desire to commit them) and objective, which include negative consequences for the nature of some achievements of science and technology. In addition, the scientific article attempts to analyze the main mechanisms of prevention of administrative offenses in this area and on the basis of this analysis, the authors provide their own conclusions on improving the administrative and legal mechanism of environmental protection. Also, it is determined that the administrative remedies for the prevention of administrative offenses in the field of environmental protection in addition to the establishment of legal norms, rules, regulations and standards include: state control over environmental protection; persuasion measures; measures of administrative coercion applied for the purpose of prevention, cessation of offenses in the field of environmental protection and bringing the perpetrators to administrative responsibility, as well as remedial measures. It is proved that to improve the administrative and legal mechanism in the field of ecology, our state should introduce: the use of legal, scientifically sound approach, a system of assistance to enterprises in the field of environmental modernization of production, adoption of the «polluter pays» principle, training and retraining of civil servants, environmental sphere. Keywords: administrative offenses, environmental protection, administrative and legal mechanism, composition of administrative offenses, administrative coercion, administrative and legal measures
科学工作考察了环境保护领域违法行政责任的特点。环境保护领域行政违法的分类已经形成,其中最常用的分类方法是根据侵害对象进行分类。环境保护领域行政违法构成研究。具体而言,确定环境犯罪的构成包括:环境保护领域的公共关系客体;受试者-一名年满16岁的正常人;客观方面——违法行为,对环境造成危害或侵犯环境法主体的合法权利;一个人的不法行为与所造成的伤害之间的因果关系,主观方面-犯罪,动机和目的。研究了自然保护领域行政强制的问题、本质、特征和类型、行政处罚的制度和类型、生态领域违法的原因和条件。特别是,确定环境犯罪的原因和条件可分为两类:主观的(即在个人希望实施环境犯罪的情况下产生的情况)和客观的,其中包括对某些科学技术成就的性质造成的消极后果。此外,本文还试图对该地区行政违法预防的主要机制进行分析,并在此基础上对完善环境保护行政法律机制提出自己的结论。同时,确定在环境保护领域预防行政违法的行政救济,除建立法律规范、规章、条例和标准外,还包括:国家对环境保护的管制;说服措施;为防止、制止环境保护领域的违法行为并追究行政责任而采取的行政强制措施以及补救措施。实践证明,为了完善生态领域的行政和法律机制,我国应该引入:采用合法的、科学的方法,在环境生产现代化领域对企业提供援助的制度,采用“污染者付费”的原则,对公务员进行培训和再培训,环境领域。关键词:行政违法、环境保护、行政法律机制、行政违法构成、行政强制、行政法律措施
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引用次数: 0
Natural resource and post-resource relations: the hierarchy of branches and the ratio of subjects 自然资源与资源后关系:分支层次与主体比例
Pub Date : 2021-09-16 DOI: 10.31548/law2021.03.008
D. Maryna, Marinich Volodymyr
The article examines the place of Natural Resource Law and post-resource branches of law in the legal system, proposes a hierarchy of these branches and outlines the relationship between the subjects of natural resource and post-resource relations. The subject of legal regulation of Natural Resource Law is defined as qualitatively homogeneous natural resource relations, consisting of the use and reproduction of natural resources – a legally defined part of the environment that have signs of natural origin and are in ecological relationship with the environment and with each other, can be used as a source of meeting human needs. All natural resources, as well as the relationship to their use and reproduction, are closely linked. This connection will always be inseparable and reciprocal. It is established that in the system of Natural Resource Law public relations regarding the use and reproduction of certain natural resources are in fact its subsectors and provide a differentiated approach to the environmentally sound use of each of the relevant natural resources. Natural Resource Law is not a conglomeration of land, water, forest and subsoil law, but their qualitative unity based on a single nature, factors of development and the internal structure of social relations. It is concluded that neither the long history of legislation, nor a significant amount of regulations that are sources of post-resource industries, are grounds for denying the inseparable and mutual connection of post-resource branches of law with each other and with Natural Resource Law and the objective need for separation independent branch of Natural Resource Law. Keywords: Natural Resource Law, land law, water law, forest law, subsoil law, faunal law, floristic law, natural resource relations, post-resource relations, legal system, branch of law
本文考察了自然资源法和后资源法在法律体系中的地位,提出了这些法律分支的层次结构,并概述了自然资源主体与后资源关系之间的关系。《自然资源法》法律规制的主体被定义为自然资源的质质同质关系,由自然资源的利用和再生产构成,即具有自然起源特征的、与环境有生态关系的、相互之间有生态关系的、可以作为满足人类需要的资源的、由法律规定的环境的一部分。所有自然资源及其利用和再生产的关系都是密切相关的。这种联系将永远是不可分割和相互的。可以确定的是,在《自然资源法》系统中,关于某些自然资源的使用和再生产的公共关系实际上是其分部门,并为每一种有关自然资源的无害环境利用提供了不同的办法。自然资源法不是土地法、水法、森林法和底土法的集合体,而是基于单一的性质、发展因素和社会关系的内在结构而形成的质的统一。本文的结论是,无论是立法历史的悠久,还是作为后资源产业来源的大量法规,都不能成为否定后资源法律部门之间以及与自然资源法之间不可分割、相互联系的理由,也不能成为否定自然资源法独立分支的客观需要的理由。关键词:自然资源法、土地法、水法、森林法、底土法、动物法、植物区系法、自然资源关系、资源后关系、法律体系、法律分支
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引用次数: 0
Peculiarities of legal regulation of ecoturism in Poland: prospects for Ukraine 波兰生态主义法律规制的特殊性:乌克兰的前景
Pub Date : 2021-09-16 DOI: 10.31548/law2021.03.004
Yermolenko Volodymyr, Zhuryna Alona
The scientific article examines the experience of the legal regulation of ecotourism in Poland. Poland is Ukraine's western neighbor and has passed the European integration path, so the application of Poland's positive experience in legal regulation of natural resources for ecotourism will be really useful. In particular, special attention is paid to the issues of clear delineation of the concept of ecotourism (rural green tourism), the purpose of ecotourism is determined. This scientific article directly analyzes the Polish legislation and identifies the main criteria that distinguish ecological / rural green tourism from other types of tourism. In general, it is determined that the experience of Poland in the legal regulation of ecotourism and its use of natural resources for ecotourism is quite progressive, as Polish legislation contains a number of provisions that address various issues that are not regulated in Ukraine. This scientific article highlights some aspects of the legal regulation of ecotourism (rural green tourism) in Poland, which may be useful for Ukraine. This scientific article presents proposals that can be tested by the domestic legislator in the process of formulating legislation on the use of natural resources for ecotourism. Keywords: ecotourism, legal regulation of ecotourism, ecotourism resources, ecotourism legislation of Ukraine, ecotourism legislation of Poland
这篇科学文章考察了波兰生态旅游法律规制的经验。波兰是乌克兰的西部邻国,已经走过了欧洲一体化的道路,因此,将波兰在生态旅游自然资源法律规制方面的积极经验应用于生态旅游将是非常有益的。特别要注意的是,对生态旅游(乡村绿色旅游)的概念进行了清晰的界定,确定了生态旅游的目的。这篇科学的文章直接分析了波兰的立法,并确定了区分生态/乡村绿色旅游与其他类型旅游的主要标准。总的来说,确定波兰在生态旅游的法律监管及其对生态旅游自然资源的利用方面的经验是相当进步的,因为波兰立法包含了一些解决乌克兰未监管的各种问题的规定。这篇科学文章强调了波兰生态旅游(乡村绿色旅游)法律法规的一些方面,这可能对乌克兰有用。这篇科学的文章提出了一些建议,可供国内立法者在制定生态旅游利用自然资源立法的过程中进行检验。关键词:生态旅游,生态旅游法律规制,生态旅游资源,乌克兰生态旅游立法,波兰生态旅游立法
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引用次数: 0
Occupational safety during work with pesticides: the state of legal provision 农药作业期间职业安全:国家法律规定
Pub Date : 2021-09-16 DOI: 10.31548/law2021.03.012
N. Tamara
The article is devoted to the analysis of the current state of legal protection of labor protection when performing work with pesticides, as well as the formulation on its basis of conclusions and proposals aimed at improving the current legislation in this area. It is established that the process of updating labor legislation is currently underway in Ukraine. In particular, through the adoption of regulations governing the rules of labor protection when working with certain types of chemicals (for example, ammonium nitrate). As a result of the study of current legislation in the field of labor protection when working with pesticides, it was concluded that the basic documents (State Sanitary Rules 8.8.1.2.001-98 «Transportation, storage and use of pesticides in the national economy» and State Sanitary Rules and Norms 8.8.1.2.3.4-000-2001 «Permissible doses, concentrations, quantities and levels of pesticides in agricultural raw materials, foodstuffs, air of the working area, atmospheric air, water of reservoirs, soil») are not able to regulate properly appropriate relations due to the obsolescence of their provisions. The main shortcomings of State Sanitary Rules 8.8.1.2.001-98 are determined: references in its content to already invalid regulations on labor protection, inconsistency with modern developments in the field of hygiene and toxicology of pesticides; unreasonably detailed regulation, which results in an excessive burden on business entities and leads to formalism in the implementation of the provisions of this document by employers; incorrect «rigid» regulation of the choice of personal protective equipment for work with pesticides. The directions of improvement of the legislation in the field of labor protection at performance of works with pesticides are defined. Among them: introduction of a risk-oriented approach to the organization of labor protection, including in the field of agriculture; borrowing positive international experience in the field of awareness of stakeholders on the hygienic regulation of pesticide use, the necessary safety measures for work with the use of such substances. Keywords: occupational safety, dangerous production factor, labor protection regulations, labor protection, pesticides, legal support, agriculture
本文对我国农药作业劳动保护的法律保护现状进行了分析,并在此基础上提出了完善我国农药作业劳动保护的结论和建议。可以确定的是,乌克兰目前正在进行劳工立法的更新过程。特别是,在使用某些类型的化学品(例如硝酸铵)时,通过制定管理劳动保护规则的法规。由于当前立法的研究领域的劳动保护使用杀虫剂时,得出的基本文档(国家卫生规则8.8.1.2.001-98«运输、存储和使用杀虫剂在国民经济»和国家卫生规则和规范8.8.1.2.3.4-000-2001«容许剂量,浓度,数量和水平的农药在农业原材料、食品、工作区域的空气,大气,水水库,土壤»)由于其规定过时而无法适当地调节适当的关系。国家卫生规程8.8.1.2.001-98的主要缺点是:其内容引用了已经失效的劳动保护法规,与现代农药卫生学和毒理学领域的发展不一致;规定不合理,致使企业负担过重,导致用人单位在执行本文件规定时形式主义;对使用杀虫剂工作的个人防护装备选择的不正确的“严格”规定。明确了农药作业劳动保护立法的完善方向。其中包括:在包括农业领域在内的劳动保护组织中采用以风险为导向的方法;借鉴国际上积极的经验,提高利益相关者对农药使用卫生监管的认识,制定使用此类物质工作的必要安全措施。关键词:职业安全,危险生产因素,劳动保护法规,劳动保护,农药,法律支持,农业
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引用次数: 0
On the issue of legal environment of the application of green bonds for the development of organic production in Ukraine 论乌克兰应用绿色债券发展有机生产的法律环境问题
Pub Date : 2021-09-16 DOI: 10.31548/law2021.03.009
N. Tamara, Melnyk Viktoriia
The article presents a scientific and theoretical analysis of the legislation that introduces green bonds as a tool for financing organic production, as well as identifies ways for its improvement. It is determined that a new type of securities – green bonds, can become one of the tools to support the development of organic agricultural production. It is proved that the allocation of environmental projects as a direction, which involve the use of funds raised from the issuance of green bonds, organic farming, is debatable, given the lack of normative definition of this concept, which may complicate the implementation of legislation and compliance with green bond issuance standards (Green Bond Principles). Based on the analysis of legal doctrine in terms of defining the concepts of «organic farming», «organic crop», «organic production», as well as features of organic production, it is concluded that organic crop, livestock, aquaculture fully meet the categories of environmental projects GBR principles (such as: ecologically sustainable agriculture, animal husbandry and aquaculture; agricultural technologies that do not harm the climate, etc.) It is proposed to set out the first paragraph of Part 2 of Art. 18 of the Law of Ukraine «On Capital Markets and Organized Commodity Markets» as follows: «environmental project is a project in the field of alternative energy, energy efficiency, minimization of waste generation, utilization and processing, introduction of environmentally friendly transport, organic production, conservation of flora and fauna, water and land resources, adaptation to climate change, and another project, aimed at protecting the environment, implementing environmental standards, reducing emissions into the environment». Keywords: government support, green bonds, legal support, environmental project, organic production, organic farming, organic products
本文对引入绿色债券作为有机生产融资工具的立法进行了科学的理论分析,并提出了完善绿色债券的途径。确定了一种新型证券——绿色债券,可以成为支持有机农业生产发展的工具之一。事实证明,环境项目的分配作为一个方向,涉及到绿色债券募集资金的使用,有机农业的发行,是值得讨论的,因为这一概念缺乏规范的定义,这可能会使立法的实施和遵守绿色债券发行标准(绿色债券原则)复杂化。通过对“有机农业”、“有机作物”、“有机生产”概念界定的法理分析,以及有机生产的特点,得出有机作物、畜牧业、水产养殖完全符合环境项目GBR原则范畴(如:生态可持续农业、畜牧业和水产养殖;建议将乌克兰《资本市场和有组织商品市场法》第18条第2部分的第一段规定如下:“环境项目是一个在替代能源、能源效率、最小化废物产生、利用和处理、引入环境友好型运输、有机生产、保护动植物、水和土地资源、适应气候变化领域的项目,以及另一个旨在保护环境、实施环境标准、减少向环境排放的项目”。关键词:政府支持,绿色债券,法律支持,环保项目,有机生产,有机农业,有机产品
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引用次数: 0
Regulatory and legal environment of counterfeiting and prevention of domestic violence against women 制假的监管和法律环境以及防止对妇女的家庭暴力
Pub Date : 2021-09-16 DOI: 10.31548/law2021.03.017
Hbur Liusia
The article analyzes the legal support for combating and preventing domestic violence against women. The statistics show that in 2020 the bodies and institutions entrusted with the functions of implementing measures to prevent and combat domestic violence received 211,362 complaints about domestic violence, of which – 2,756 from children, 180,921 – from women , 27 676 – from men. It is concluded that the ratification of the Istanbul Convention is still open, which currently helps all signatory states to effectively combat a wide range of phenomena, including psychological violence, physical violence, sexual violence, especially rape, forced marriage, forced abortion, forced abortion, forced abortion. genitals, crimes in the name of so-called «honor», harassment, sexual harassment, etc. In addition, the need to ratify the Istanbul Convention has been and continues to be insisted on by the world community, as by signing this Convention, Ukraine has committed itself to ratifying it in the future. It is determined that the normative-legal provision of prevention and counteraction to domestic violence against women consists of a set of international covenants, declarations and conventions, normative-legal and by-laws normative-legal acts. It has been found that the number of reports of violence against women is increasing every year, so the legislator should work to prevent any forms of domestic violence by amending the legislation governing preventive measures. Keywords: violence, women, gender equality, Istanbul Convention, domestic violence, combating violence, domestic violence, gender equality
文章分析了打击和预防针对妇女的家庭暴力的法律支持。统计数据显示,2020年,负责实施预防和打击家庭暴力措施的机关和机构收到了211362起关于家庭暴力的投诉,其中儿童2756起,妇女180921起,男子27676起。结论是,《伊斯坦布尔公约》的批准仍然是开放的,它目前有助于所有签署国有效打击各种现象,包括心理暴力、身体暴力、性暴力,特别是强奸、强迫婚姻、强迫堕胎、强迫堕胎、强迫堕胎。生殖器、以所谓“荣誉”为名的犯罪、骚扰、性骚扰等等。此外,国际社会一直并继续坚持有必要批准《伊斯坦布尔公约》,因为乌克兰通过签署该《公约》已承诺将来批准该《公约》。委员会确定,预防和对付对妇女的家庭暴力的规范法律规定由一套国际盟约、宣言和公约、规范法律和附则规范法律行为组成。据发现,对妇女的暴力行为的报告数量每年都在增加,因此,立法者应通过修订有关预防措施的立法,努力防止任何形式的家庭暴力。关键词:暴力,妇女,性别平等,伊斯坦布尔公约,家庭暴力,打击暴力,家庭暴力,性别平等
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引用次数: 0
Legal principles of deregulation of agricultural business in Ukraine 乌克兰农业企业放松管制的法律原则
Pub Date : 2021-09-16 DOI: 10.31548/law2021.03.005
Hafurova Olena, Marchenko Svitlana
The article is devoted to the analysis of legal issues of deregulation of agrarian business in Ukraine. Historical aspects of deregulation of Ukraine's economy are studied. The legislation and special literature on deregulation of agrarian business are analyzed, the main measures of deregulation of agrarian business in Ukraine are singled out and characterized. Attention is drawn to the need to ensure the balance of public and private interests in the agricultural sector of the economy in determining the limits of deregulation of agribusiness. Based on the analysis of current legislation and practice of its application, it is concluded that the deregulation of agrarian business in Ukraine is universal, as it covers all elements in the structure of agrarian relations, which allows to consider it as one of the main principles in the mechanism of legal regulation of institutional and functional support. agrarian relations. Keywords: legal regulation, agrarian sphere, agrarian business, deregulation, State agrarian register, public administration, optimization of public administration
本文旨在分析乌克兰农业企业放松管制的法律问题。乌克兰经济放松管制的历史方面进行了研究。分析了乌克兰农业经营放松管制的立法和相关文献,并对乌克兰农业经营放松管制的主要措施进行了梳理和分析。委员会提请注意,在确定解除对农业综合企业管制的限度时,必须确保经济农业部门公私利益的平衡。通过对现行立法及其适用实践的分析,认为乌克兰土地商业放松管制具有普遍性,因为它涵盖了土地关系结构中的所有要素,因此可以将其视为制度和功能支持法律规制机制中的主要原则之一。农业的关系。关键词:法律规制,土地领域,土地经营,放松管制,国家土地登记,公共管理,公共管理优化
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引用次数: 1
Current state of activity of public governance bodies in the field of waste management 公共治理机构在废物管理领域的活动现状
Pub Date : 2021-08-23 DOI: 10.31548/law2021.03.014
Svitlychnyy Oleksandr, Gavrylyuk Oleksandr
The article is devoted to the study of the activities of public administration authorities in the field of legal waste handling. Normative legal acts are analyzed, scientific opinions on the important role of administrative authorities are presented, the role of administrative law in the researched sphere is emphasized. It is proved that the regulation of relations in the field of waste handling is impossible without a system of public administration entities, which in accordance with laws and other regulations, within their competence are designed to solve the tasks of the state. It is identified that in addition to the executive authorities, other subjects of administrative law that do not belong to public authorities can have certain administrative functions in the field of waste handling. They can be legal entities and collective entities that have the status of a legal entity. In some cases, regulations may provide for the involvement of individuals of private law to implement management functions in the field of waste handling. Keywords: entities, public administration, waste, activity, normative legal acts
这篇文章致力于研究公共行政当局在合法废物处理领域的活动。对规范性法律行为进行了分析,对行政机关的重要作用提出了科学的看法,强调了行政法在研究领域中的作用。事实证明,如果没有一个公共行政实体系统,就不可能调节废物处理领域的关系,这些公共行政实体根据法律和其他法规,在其职权范围内旨在解决国家的任务。经确定,除行政当局外,不属于公共当局的其他行政法主体也可在废物处理领域行使某些行政职能。它们可以是法人实体,也可以是具有法人地位的集体实体。在某些情况下,条例可规定由私法个人参与执行废物处理领域的管理职能。关键词:实体,公共管理,浪费,活动,规范性法律行为
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引用次数: 0
The role of the state in combating COVID-19: vaccination problems 国家在抗击COVID-19中的作用:疫苗接种问题
Pub Date : 2021-08-23 DOI: 10.31548/law2021.03.013
Svitlychnyy Oleksandr
The article emphasizes that the health of the population, which is one of the greatest values, is a necessary condition for socio-economic development of the country and emphasizes that in the fight against acute respiratory disease COVID-19, vaccination of the population of Ukraine is important. The legal acts are analyzed, the problematic issues related to vaccination of the population are revealed. One of the reasons for mistrust is the spread of false information about vaccination. It is emphasized that the solution of the existing problems of vaccination puts before the state the need to take appropriate organizational and legal measures. The Law of Ukraine «On the Public Health System», № 4142, which is in the Verkhovna Rada of Ukraine, should play an important role in this issue. Keywords: state, government, regulations, health, COVID-19, vaccination
文章强调,人口健康是最重要的价值之一,是国家社会经济发展的必要条件,并强调在抗击COVID-19急性呼吸道疾病的斗争中,乌克兰人口的疫苗接种非常重要。分析了法律行为,揭示了与人口接种有关的问题。不信任的原因之一是关于疫苗接种的虚假信息的传播。强调解决疫苗接种存在的问题,需要国家采取适当的组织和法律措施。乌克兰最高拉达(Verkhovna Rada)的第4142号《乌克兰公共卫生系统法》应该在这个问题上发挥重要作用。关键词:国家,政府,法规,卫生,COVID-19,疫苗接种
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Law. Human. Environment
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