The right to appeal to a court, including an administrative one, is one of the key rights of citizens guaranteed by the Constitution and laws of Ukraine. Apart from the general constitutional right to judicial protection, Article 7 of the Law of Ukraine No. 1402-VIII “On the Judiciary and the Status of Judges” dated June 2, 2016, guarantees everyone the protection of their rights, freedoms, and interests within a reasonable time by an independent, impartial, and fair court established by law. Considering the relevance of this study, its purpose was to establish the main reasons for improper recognition of the legal status of all participants in administrative proceedings at the legislative level. The study used a set of methods and techniques of scientific cognition. The principal ones are as follows: the dialectical method, which determines the essence and content of the administrative legal status of Ukrainian citizens, foreign citizens, and stateless individuals; the comparative legal method, with the application of which the Ukrainian and foreign regulatory framework governing the status of foreign citizens and stateless individuals were compared; the formal legal method, which, together the method of logical analysis, allowed comprehensively investigating the modern system of legal norms that establish administrative procedural legal personality and the procedure for citizens and subjects of authority to exercise their rights and duties in an administrative court; the logical-semantic method allowed developing proposals for improving the legislation of Ukraine in the field of administrative proceedings. It was stated that access to justice for every person is ensured according to the Constitution of Ukraine and according to the procedure established by the laws of Ukraine. However, along with the guaranteed right to appeal to the court of foreigners, stateless individuals (refugees, migrants, immigrants), such a category of subjects of administrative proceedings as stateless individuals stayed outside the limits of Ukrainian legislation. The paper considered the administrative legal status of Ukrainian citizens, foreign citizens, and stateless individuals as subjects of administrative proceedings. To eliminate the shortcomings of the legislative regulation of the legal status of stateless individuals in Ukraine, the author concluded that it is necessary to eliminate the existing deficiency by amending the Law of Ukraine No. 3773-V “On the Legal Status of Foreigners and Stateless Individuals” dated September 22, 2011. The practical value of the obtained results is that the theoretical propositions, conclusions, and proposals formulated in the article can be used: in the research field (for further developments aimed at investigating the issues of administrative justice in Ukraine), in the law-making field (to improve the current legislation of Ukraine), in the field of law enforcement (to improve the activities of administrative courts, state
{"title":"Foreigners and stateless individuals as subjects of administrative proceedings","authors":"Anzor Saadulaev","doi":"10.31548/law2021.04.15","DOIUrl":"https://doi.org/10.31548/law2021.04.15","url":null,"abstract":"The right to appeal to a court, including an administrative one, is one of the key rights of citizens guaranteed by the Constitution and laws of Ukraine. Apart from the general constitutional right to judicial protection, Article 7 of the Law of Ukraine No. 1402-VIII “On the Judiciary and the Status of Judges” dated June 2, 2016, guarantees everyone the protection of their rights, freedoms, and interests within a reasonable time by an independent, impartial, and fair court established by law. Considering the relevance of this study, its purpose was to establish the main reasons for improper recognition of the legal status of all participants in administrative proceedings at the legislative level. The study used a set of methods and techniques of scientific cognition. The principal ones are as follows: the dialectical method, which determines the essence and content of the administrative legal status of Ukrainian citizens, foreign citizens, and stateless individuals; the comparative legal method, with the application of which the Ukrainian and foreign regulatory framework governing the status of foreign citizens and stateless individuals were compared; the formal legal method, which, together the method of logical analysis, allowed comprehensively investigating the modern system of legal norms that establish administrative procedural legal personality and the procedure for citizens and subjects of authority to exercise their rights and duties in an administrative court; the logical-semantic method allowed developing proposals for improving the legislation of Ukraine in the field of administrative proceedings. It was stated that access to justice for every person is ensured according to the Constitution of Ukraine and according to the procedure established by the laws of Ukraine. However, along with the guaranteed right to appeal to the court of foreigners, stateless individuals (refugees, migrants, immigrants), such a category of subjects of administrative proceedings as stateless individuals stayed outside the limits of Ukrainian legislation. The paper considered the administrative legal status of Ukrainian citizens, foreign citizens, and stateless individuals as subjects of administrative proceedings. To eliminate the shortcomings of the legislative regulation of the legal status of stateless individuals in Ukraine, the author concluded that it is necessary to eliminate the existing deficiency by amending the Law of Ukraine No. 3773-V “On the Legal Status of Foreigners and Stateless Individuals” dated September 22, 2011. The practical value of the obtained results is that the theoretical propositions, conclusions, and proposals formulated in the article can be used: in the research field (for further developments aimed at investigating the issues of administrative justice in Ukraine), in the law-making field (to improve the current legislation of Ukraine), in the field of law enforcement (to improve the activities of administrative courts, state","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114526493","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper raises an urgent issue of securing guarantees for the exercise of the right to access information on the state of the environment in international legal documents. Accordingly, the purpose of this paper is aimed at coverage and analysis of international legal norms that establish guarantees for the exercise of human and civil rights to environmental information, as well as access to information about the activities of state authorities. The method for investigating this issue is to analyse the current national legislation, which suggests that international legal norms meet their conditions in national regulations. The presentation of the general material includes the normative content of international legal documents that directly or indirectly relate to the implementation of the right of human and citizen to information and establish guarantees for the exercise of the right to environmental information, as well as the importance of media in covering the activities of state authorities. This paper analyses the state of exercise of such international norms in national legislation. Certain legal guarantees for the exercise of the right to receive environmental information are investigated. Examples of protection of the violated right of access to environmental information are given. To exercise the right to information, it is important not only to have the norms consolidated in the legislation, but also to have a system of guarantees and opportunities for their implementation, which should be provided by public authorities. International legal instruments establish only general approaches to the protection of rights, and their further development and consolidation is undoubtedly the responsibility of national bodies. However, over time, approaches to understanding environmental information, expanding its list, and subjects who have the right to receive it change, and therefore work in this area should continue for a wider opportunity to exercise the right of access to such information. The materials of this paper are of practical value for persons who were denied or made difficult in any form to obtain the desired information, having the right to do so per Article 50 of the Constitution of Ukraine, which stipulates that every person is guaranteed the right to free access to information about the state of the environment.
{"title":"International legal guarantees for the exercise of the human and civil right to environmental information","authors":"A. Butsmak","doi":"10.31548/law2021.04.08","DOIUrl":"https://doi.org/10.31548/law2021.04.08","url":null,"abstract":"This paper raises an urgent issue of securing guarantees for the exercise of the right to access information on the state of the environment in international legal documents. Accordingly, the purpose of this paper is aimed at coverage and analysis of international legal norms that establish guarantees for the exercise of human and civil rights to environmental information, as well as access to information about the activities of state authorities. The method for investigating this issue is to analyse the current national legislation, which suggests that international legal norms meet their conditions in national regulations. The presentation of the general material includes the normative content of international legal documents that directly or indirectly relate to the implementation of the right of human and citizen to information and establish guarantees for the exercise of the right to environmental information, as well as the importance of media in covering the activities of state authorities. This paper analyses the state of exercise of such international norms in national legislation. Certain legal guarantees for the exercise of the right to receive environmental information are investigated. Examples of protection of the violated right of access to environmental information are given. To exercise the right to information, it is important not only to have the norms consolidated in the legislation, but also to have a system of guarantees and opportunities for their implementation, which should be provided by public authorities. International legal instruments establish only general approaches to the protection of rights, and their further development and consolidation is undoubtedly the responsibility of national bodies. However, over time, approaches to understanding environmental information, expanding its list, and subjects who have the right to receive it change, and therefore work in this area should continue for a wider opportunity to exercise the right of access to such information. The materials of this paper are of practical value for persons who were denied or made difficult in any form to obtain the desired information, having the right to do so per Article 50 of the Constitution of Ukraine, which stipulates that every person is guaranteed the right to free access to information about the state of the environment.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123695233","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Intellectual property rights are prescribed in the Universal Declaration of Human Rights. A patent for an animal breed is the exclusive right of the inventor to its breeding achievement, it is a legal monopoly ensured by the state, and patent protection makes it impossible to use it commercially without the consent of its owner. The modern-day challenges are directly related to ensuring food security. The practical application of breeding achievements in animal husbandry lies in the genetic improvement of animals in the “economic aspect”, which directly affects the level of investment and remuneration for breeders, and from this the need for effective legal protection of intellectual property rights increases. In this regard, the purpose of this paper was to investigate the legal regulation of intellectual property rights for breeding achievements in animal husbandry, proposals for its improvement through the study of international practices. During this study, philosophical, general scientific and special legal methods of scientific cognition were used, which were chosen considering the purpose and objectives of this study. Based on the analysis of regulations governing the procedure for obtaining legal protection of breeding achievements in animal husbandry, the paper examines problematic positions and suggests ways to eliminate conflicts in the legal regulation of these issues. The international practices regarding the execution of law enforcement documents for breeders and the possibility of protecting their rights was also analysed. The materials of this paper are of practical value for further investments, improvements, and identification of new issues in research of breeding achievements in animal husbandry.
{"title":"Breeding achievement in animal breeding as an object of intellectual property law and international experience of its protection","authors":"I. Horislavska, O. Piddubnyi","doi":"10.31548/law2021.04.13","DOIUrl":"https://doi.org/10.31548/law2021.04.13","url":null,"abstract":"Intellectual property rights are prescribed in the Universal Declaration of Human Rights. A patent for an animal breed is the exclusive right of the inventor to its breeding achievement, it is a legal monopoly ensured by the state, and patent protection makes it impossible to use it commercially without the consent of its owner. The modern-day challenges are directly related to ensuring food security. The practical application of breeding achievements in animal husbandry lies in the genetic improvement of animals in the “economic aspect”, which directly affects the level of investment and remuneration for breeders, and from this the need for effective legal protection of intellectual property rights increases. In this regard, the purpose of this paper was to investigate the legal regulation of intellectual property rights for breeding achievements in animal husbandry, proposals for its improvement through the study of international practices. During this study, philosophical, general scientific and special legal methods of scientific cognition were used, which were chosen considering the purpose and objectives of this study. Based on the analysis of regulations governing the procedure for obtaining legal protection of breeding achievements in animal husbandry, the paper examines problematic positions and suggests ways to eliminate conflicts in the legal regulation of these issues. The international practices regarding the execution of law enforcement documents for breeders and the possibility of protecting their rights was also analysed. The materials of this paper are of practical value for further investments, improvements, and identification of new issues in research of breeding achievements in animal husbandry.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114180284","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The subject of this paper was the analysis of individual issues of legal forms of management in the agricultural sector. The purpose of this study was to identify and characterize the main trends in the development of legal forms, analyse the problems of legal forms of agricultural production and formulate proposals for their solution. During the study, the main trends in the development of legal forms of Ukraine in the aspect of business deregulation and the opening of the agricultural land market were identified. The role and significance, types, legislative, and doctrinal approaches to determining the legal form of agricultural production were also covered. Based on the analysis of legal literature, national legislation and the practice of its application, the problems of certain legal forms of agricultural production (farms, collective agricultural enterprises, etc.) were analysed. According to the results of this paper, it was found that the principle of equal forms of ownership and management in agriculture is violated in Ukraine. Priority of practical importance is the definition and legislative approval of legal forms of land production because this will contribute to the choice of the form of conducting business in the agricultural sector from categories. The materials of this paper can be of practical value for further researchers, as well as act as an essential resource as a solution to a relevant issue that was presented in the subject of this paper.
{"title":"Problems of legal forms of management in the agricultural sector","authors":"S. Marchenko, T. Novak","doi":"10.31548/law2021.04.06","DOIUrl":"https://doi.org/10.31548/law2021.04.06","url":null,"abstract":"The subject of this paper was the analysis of individual issues of legal forms of management in the agricultural sector. The purpose of this study was to identify and characterize the main trends in the development of legal forms, analyse the problems of legal forms of agricultural production and formulate proposals for their solution. During the study, the main trends in the development of legal forms of Ukraine in the aspect of business deregulation and the opening of the agricultural land market were identified. The role and significance, types, legislative, and doctrinal approaches to determining the legal form of agricultural production were also covered. Based on the analysis of legal literature, national legislation and the practice of its application, the problems of certain legal forms of agricultural production (farms, collective agricultural enterprises, etc.) were analysed. According to the results of this paper, it was found that the principle of equal forms of ownership and management in agriculture is violated in Ukraine. Priority of practical importance is the definition and legislative approval of legal forms of land production because this will contribute to the choice of the form of conducting business in the agricultural sector from categories. The materials of this paper can be of practical value for further researchers, as well as act as an essential resource as a solution to a relevant issue that was presented in the subject of this paper.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130769163","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In modern realities, the issue of combating and preventing domestic violence is crucial, since many women and children become victims of such violence, and there are cases of domestic violence against men as well. Proceeding from the relevance of this paper, its subject lies in determining the role of the prosecutor’s office in preventing and countering domestic violence, which involves an analysis of the content of its duties and powers in this area of activity. During the study, the method of analysis and synthesis, the empirical method, and the comparison method were applied. This paper considered the issue of the role of prosecutor’s offices in preventing and countering domestic violence. The problems of legislative regulation of prosecutor’s activities in the system of preventing and countering domestic violence were also investigated. This is a common issue primarily because the norms of the current legislation do not clearly regulate what actions prosecutors can prevent or counteract domestic violence, because their powers include the direct procedural support of such criminal cases, i.e., after such violence has already occurred. In conclusion, it was noted that for the prosecutor’s office to effectively prevent and counteract domestic violence, it is necessary to amend Article 131-1 of the Constitution of Ukraine, which defines the functions of the prosecutor’s office in general, and the prosecutor in particular. It is advisable to supplement this Article with a part that would grant the prosecutor’s office the right to take measures to prevent and counteract domestic violence. The study conducted in this paper can form the basis of legislative activity upon adopting amendments to legislative acts governing legal relations in the field of preventing and countering domestic violence.
{"title":"Problematic issues of preventing and countering domestic violence by the prosecutor’s office","authors":"O. Yara, N. Stasiuk","doi":"10.31548/law2021.04.16","DOIUrl":"https://doi.org/10.31548/law2021.04.16","url":null,"abstract":"In modern realities, the issue of combating and preventing domestic violence is crucial, since many women and children become victims of such violence, and there are cases of domestic violence against men as well. Proceeding from the relevance of this paper, its subject lies in determining the role of the prosecutor’s office in preventing and countering domestic violence, which involves an analysis of the content of its duties and powers in this area of activity. During the study, the method of analysis and synthesis, the empirical method, and the comparison method were applied. This paper considered the issue of the role of prosecutor’s offices in preventing and countering domestic violence. The problems of legislative regulation of prosecutor’s activities in the system of preventing and countering domestic violence were also investigated. This is a common issue primarily because the norms of the current legislation do not clearly regulate what actions prosecutors can prevent or counteract domestic violence, because their powers include the direct procedural support of such criminal cases, i.e., after such violence has already occurred. In conclusion, it was noted that for the prosecutor’s office to effectively prevent and counteract domestic violence, it is necessary to amend Article 131-1 of the Constitution of Ukraine, which defines the functions of the prosecutor’s office in general, and the prosecutor in particular. It is advisable to supplement this Article with a part that would grant the prosecutor’s office the right to take measures to prevent and counteract domestic violence. The study conducted in this paper can form the basis of legislative activity upon adopting amendments to legislative acts governing legal relations in the field of preventing and countering domestic violence.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124271514","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
One of the crucial means of establishing the truth in cases of administrative offences is expertise. As evidenced by judicial practice, the explanations of the individuals involved in the case are quite often contradictory, and only by appointing and conducting a forensic examination it is possible to establish certain circumstances of the case that require the use of special knowledge, which the court must evaluate accordingly. The purpose of this study was a comprehensive analysis of administrative responsibility for violating the procedure for conducting and organizing expert examinations in Ukraine. The principal methods for investigating this issue were the functional method, the logical analysis approach, and the synthesis method. The paper examined the specific features of administrative responsibility for offences related to the sphere of expert activity. It was found that the organization and conduct of expertise, as a basic category of expert activity, usually does not require the involvement of a wide range of people. However, the concept of expertise is not always limited only to forensic expertise, which is usually appointed based on a corresponding decision of a court or other authorized body. It was found that expert activity is not defined at the level of a separate legislative act, and therefore there are difficulties in forming general categories for understanding the essence of such a concept. In general, regulations define the requirements for experts, the stated expert opinions, the rights and obligations of experts, as well as responsibility for violating the procedure for conducting expert examinations. That is, the regulations mainly relate to the conduct of forensic expertise, as one of the components of expert activity. Furthermore, the current Code of Ukraine on Administrative Offences does not contain any administrative legal norms concerning administrative liability for offences that may arise in expert activity in general and forensic examinations in particular. It was concluded that the priority actions aimed at improving the institution of administrative responsibility for offences related to the field of expert activity in Ukraine should be as follows: firstly, the field of organization and conduct of non-judicial expertise requires legislative definition and statutory regulation; secondly, considering the fact that the current Code of Ukraine on Administrative Offences does not contain any administrative legal norm that concerns responsibility for offences related to the field of expert activity, namely the implementation of judicial and non-judicial examinations, it is necessary to amend the current Article 185-16 of the Code of Criminal Procedure of Administrative Offences with the following wording: “Violation of the procedure for conducting examinations by authorized individuals entails the imposition of a fine of one to two hundred minimum tax-free wages of citizens”. The materials of this paper are of pract
{"title":"Administrative responsibility for offences related to expert activity in Ukraine","authors":"L. Hbur, O. Artemenko","doi":"10.31548/law2021.04.14","DOIUrl":"https://doi.org/10.31548/law2021.04.14","url":null,"abstract":"One of the crucial means of establishing the truth in cases of administrative offences is expertise. As evidenced by judicial practice, the explanations of the individuals involved in the case are quite often contradictory, and only by appointing and conducting a forensic examination it is possible to establish certain circumstances of the case that require the use of special knowledge, which the court must evaluate accordingly. The purpose of this study was a comprehensive analysis of administrative responsibility for violating the procedure for conducting and organizing expert examinations in Ukraine. The principal methods for investigating this issue were the functional method, the logical analysis approach, and the synthesis method. The paper examined the specific features of administrative responsibility for offences related to the sphere of expert activity. It was found that the organization and conduct of expertise, as a basic category of expert activity, usually does not require the involvement of a wide range of people. However, the concept of expertise is not always limited only to forensic expertise, which is usually appointed based on a corresponding decision of a court or other authorized body. It was found that expert activity is not defined at the level of a separate legislative act, and therefore there are difficulties in forming general categories for understanding the essence of such a concept. In general, regulations define the requirements for experts, the stated expert opinions, the rights and obligations of experts, as well as responsibility for violating the procedure for conducting expert examinations. That is, the regulations mainly relate to the conduct of forensic expertise, as one of the components of expert activity. Furthermore, the current Code of Ukraine on Administrative Offences does not contain any administrative legal norms concerning administrative liability for offences that may arise in expert activity in general and forensic examinations in particular. It was concluded that the priority actions aimed at improving the institution of administrative responsibility for offences related to the field of expert activity in Ukraine should be as follows: firstly, the field of organization and conduct of non-judicial expertise requires legislative definition and statutory regulation; secondly, considering the fact that the current Code of Ukraine on Administrative Offences does not contain any administrative legal norm that concerns responsibility for offences related to the field of expert activity, namely the implementation of judicial and non-judicial examinations, it is necessary to amend the current Article 185-16 of the Code of Criminal Procedure of Administrative Offences with the following wording: “Violation of the procedure for conducting examinations by authorized individuals entails the imposition of a fine of one to two hundred minimum tax-free wages of citizens”. The materials of this paper are of pract","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122911281","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The relevance of the study is determined by raising and solving the issue of regulation of such a field of energy as bioenergy in the legal field of the European Union. The main purpose of this paper was to investigate the specific features of legal norms for the use of bioenergy in the European Union, to identify the available problems and prospects, possible ways to improve EU legal norms in this area, which are also subject to application in the Ukrainian legal system. The author paid attention to the new provisions that were implemented in connection with the adoption of Directive 2018/2001. The leading methods for studying this problem were the following: functional approach, logical analysis method, synthesis method, deduction method, etc. The impact of these provisions on the energy sector of the European Union and on the environment of its member states in general has also been investigated in sufficient detail. Special attention is paid to the positions of scientists and the recent lawsuit regarding the adoption of Directive 2018/2001. The paper examines the specific features of the legal regulation of bioenergy in the European Union, analyses the concept of bioenergy and biofuels in Ukrainian and European legislation, and highlights the main provisions of the European Union directives concerning the promotion of the use of energy produced from renewable sources, including biomass. It was found that in the EU, bioenergy is the leading source of renewable energy for heating and cooling (88% of all renewable energy sources), which is 16% of the total European final energy consumption in this sector. Therefore, considering the demand and need for the use of such a resource, the EU legislative framework contains a number of principles and visions for regulating relations in the field of production, circulation, and disposal of waste from biofuels as the main raw material for bioenergy. The fundamental principles in the EU legislation on the use of bioenergy include, firstly, the principle of sustainable production and consumption of biomass, secondly, prevention regarding the reduction of adverse consequences when using this resource, and thirdly, increasing the share of use of alternative energy sources to 75% of final energy consumption by 2050. The materials of this paper are of practical value for scientists and researchers who could conduct their research solving the problem of using bioenergy and give preference to other energy sources.
{"title":"Principles of legal regulation of bioenergy use in the European Union","authors":"Svitlana Holub, N. Shinkaruk","doi":"10.31548/law2021.04.09","DOIUrl":"https://doi.org/10.31548/law2021.04.09","url":null,"abstract":"The relevance of the study is determined by raising and solving the issue of regulation of such a field of energy as bioenergy in the legal field of the European Union. The main purpose of this paper was to investigate the specific features of legal norms for the use of bioenergy in the European Union, to identify the available problems and prospects, possible ways to improve EU legal norms in this area, which are also subject to application in the Ukrainian legal system. The author paid attention to the new provisions that were implemented in connection with the adoption of Directive 2018/2001. The leading methods for studying this problem were the following: functional approach, logical analysis method, synthesis method, deduction method, etc. The impact of these provisions on the energy sector of the European Union and on the environment of its member states in general has also been investigated in sufficient detail. Special attention is paid to the positions of scientists and the recent lawsuit regarding the adoption of Directive 2018/2001. The paper examines the specific features of the legal regulation of bioenergy in the European Union, analyses the concept of bioenergy and biofuels in Ukrainian and European legislation, and highlights the main provisions of the European Union directives concerning the promotion of the use of energy produced from renewable sources, including biomass. It was found that in the EU, bioenergy is the leading source of renewable energy for heating and cooling (88% of all renewable energy sources), which is 16% of the total European final energy consumption in this sector. Therefore, considering the demand and need for the use of such a resource, the EU legislative framework contains a number of principles and visions for regulating relations in the field of production, circulation, and disposal of waste from biofuels as the main raw material for bioenergy. The fundamental principles in the EU legislation on the use of bioenergy include, firstly, the principle of sustainable production and consumption of biomass, secondly, prevention regarding the reduction of adverse consequences when using this resource, and thirdly, increasing the share of use of alternative energy sources to 75% of final energy consumption by 2050. The materials of this paper are of practical value for scientists and researchers who could conduct their research solving the problem of using bioenergy and give preference to other energy sources.","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116292668","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article draws attention to the little-studied field of historical and legal science, which is the question of the origin, formation and development of the science of land law in Ukraine. The relevance of this area of research from the point of view of the possibility of finding already existing in the past options for solving modern land law problems is emphasized. It is stated that the presented article makes it possible to achieve at least two tasks, the first of which is the analysis of theoretical views on the problems of land law of Kharkiv jurists of the 1920s, and the second – the introduction of little-known scientific papers on this issue, which allows to reproduce contemporary legal research in the field of land law. The scientific achievements of Kharkiv scientists, which are L.S. Dubinsky, O.L. Malitsky, M.F. Matvievsky, O.M. Odarchenko, S.E. Sabinin. Most of their scientific works are little known in both historical and legal and land law sciences. The analysis of the presented publications is an important basis for the conclusion about the existence in the 1920s of the Kharkiv center of the science of land law, which became the basis for the further formation of the relevant scientific school. Keywords: land law, history of land law, science of land law, history of science of land law, Kharkiv school of land law
{"title":"Problems of land law in the research of Kharkiv jurists of the 1920s","authors":"Mikhnevych Liudmyla, Yermolenko Iryna","doi":"10.31548/law2021.03.001","DOIUrl":"https://doi.org/10.31548/law2021.03.001","url":null,"abstract":"The article draws attention to the little-studied field of historical and legal science, which is the question of the origin, formation and development of the science of land law in Ukraine. The relevance of this area of research from the point of view of the possibility of finding already existing in the past options for solving modern land law problems is emphasized. It is stated that the presented article makes it possible to achieve at least two tasks, the first of which is the analysis of theoretical views on the problems of land law of Kharkiv jurists of the 1920s, and the second – the introduction of little-known scientific papers on this issue, which allows to reproduce contemporary legal research in the field of land law. The scientific achievements of Kharkiv scientists, which are L.S. Dubinsky, O.L. Malitsky, M.F. Matvievsky, O.M. Odarchenko, S.E. Sabinin. Most of their scientific works are little known in both historical and legal and land law sciences. The analysis of the presented publications is an important basis for the conclusion about the existence in the 1920s of the Kharkiv center of the science of land law, which became the basis for the further formation of the relevant scientific school. Keywords: land law, history of land law, science of land law, history of science of land law, Kharkiv school of land law","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"464 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115868668","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article is devoted to the insufficiently studied in the theory of land law the concept of «subcategory of lands». The author established the fact that despite the widespread use of the phrase «subcategory of lands» by domestic and foreign scientists, there are no studies aimed at revealing this concept and outlining the same subcategories of lands. In the course of the research it was established that the current land legislation has about 119 subcategories of land, which are within different categories of land. Using the methods of theoretical and legal science, an attempt was made to reveal the concept of «subcategory of lands» and give it an appropriate definition. It is stated that subcategories of land play an important role in the proper functioning of current land legislation of our state, the lack of allocation and proper legal regulation of subcategories of land can lead to mass violations (intentional or negligent) in the use of land for its intended purpose. To effectively address the issue of proper legal regulation of land subcategories, the author analyzed the successful experience of the United States on this issue and proposed the development of a legal act that could perfectly regulate the relevant land categories, establish a full classification of major categories and subcategories. Lands, as well as provide them with a detailed description. In the final stage of the study, the author emphasizes that there is an urgent need to pay due attention to this issue by lawmakers, scholars and practitioners. Keywords: subcategory of lands, category of lands, division of lands into subcategories, purpose of lands, land legislation
{"title":"Subcategory of land as an important element of the conceptual apparatus of land law science","authors":"Mazii Vitalii","doi":"10.31548/law2021.03.010","DOIUrl":"https://doi.org/10.31548/law2021.03.010","url":null,"abstract":"This article is devoted to the insufficiently studied in the theory of land law the concept of «subcategory of lands». The author established the fact that despite the widespread use of the phrase «subcategory of lands» by domestic and foreign scientists, there are no studies aimed at revealing this concept and outlining the same subcategories of lands. In the course of the research it was established that the current land legislation has about 119 subcategories of land, which are within different categories of land. Using the methods of theoretical and legal science, an attempt was made to reveal the concept of «subcategory of lands» and give it an appropriate definition. It is stated that subcategories of land play an important role in the proper functioning of current land legislation of our state, the lack of allocation and proper legal regulation of subcategories of land can lead to mass violations (intentional or negligent) in the use of land for its intended purpose. To effectively address the issue of proper legal regulation of land subcategories, the author analyzed the successful experience of the United States on this issue and proposed the development of a legal act that could perfectly regulate the relevant land categories, establish a full classification of major categories and subcategories. Lands, as well as provide them with a detailed description. In the final stage of the study, the author emphasizes that there is an urgent need to pay due attention to this issue by lawmakers, scholars and practitioners. Keywords: subcategory of lands, category of lands, division of lands into subcategories, purpose of lands, land legislation","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115406592","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article provides a scientific and theoretical analysis of the legislation of the USSR, Ukrainian legislation. Particular attention is paid to establishing features in the legal regulation of seizure, utilization, destruction and disposal of unusable or prohibited pesticides and agrochemicals and containers from them. The authors conclude that today, given the need to improve the environment, more efforts are needed at the state level to utilize pesticides accumulated during the Soviet era, primarily to approve the state program with clear measures for its implementation and sources of funding. Today, regional state administrations have the opportunity without the intervention of the Ministry of Environmental Protection and Natural Resources of Ukraine to solve problems with obsolete pesticides and agrochemicals, as well as to determine where it is most profitable to dispose of these substances. Thus, to date, the process of reducing unusable pesticides has been launched. It aims to improve the ecological situation in the country, help reduce the negative impact on people's lives and health, and allow agriculture to develop. Keywords: waste, industrial waste, pesticides, plants protecting products, utilization of pesticides, container, agriculture
{"title":"Legal regulation of utilization non-suitable pesticides accumulated during the USSR","authors":"Hafurova Olena, Kukhar Olga","doi":"10.31548/law2021.03.006","DOIUrl":"https://doi.org/10.31548/law2021.03.006","url":null,"abstract":"The article provides a scientific and theoretical analysis of the legislation of the USSR, Ukrainian legislation. Particular attention is paid to establishing features in the legal regulation of seizure, utilization, destruction and disposal of unusable or prohibited pesticides and agrochemicals and containers from them. The authors conclude that today, given the need to improve the environment, more efforts are needed at the state level to utilize pesticides accumulated during the Soviet era, primarily to approve the state program with clear measures for its implementation and sources of funding. Today, regional state administrations have the opportunity without the intervention of the Ministry of Environmental Protection and Natural Resources of Ukraine to solve problems with obsolete pesticides and agrochemicals, as well as to determine where it is most profitable to dispose of these substances. Thus, to date, the process of reducing unusable pesticides has been launched. It aims to improve the ecological situation in the country, help reduce the negative impact on people's lives and health, and allow agriculture to develop. Keywords: waste, industrial waste, pesticides, plants protecting products, utilization of pesticides, container, agriculture","PeriodicalId":142294,"journal":{"name":"Law. Human. Environment","volume":"107 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116362159","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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