In the European context, animal rights legislation is relying on human rights language, since it aims to protect the animals from mental suffring. The fact that a legal norm is not labelled as a human rights norm does not alter its content. This article also shows that in the Estonian judicial system the concept of animals deserving protection of their fundamental rights is accepted by default. The reasoning of court judgments indicates that the main reason for criminal sanction is the violation of animals fundamental right not to be killed or tortured. The article supports the thesis that it is clear that there is an urgent need to recognize the animal rights in legislation directly and the need of such application of these laws by courts; altogether with placing such conviction in public awareness.
{"title":"Animals’ Mental Suffering Paradigm in Estonian Judicial and Media Environment","authors":"M. Susi","doi":"10.17951/PPA.2018.19-25","DOIUrl":"https://doi.org/10.17951/PPA.2018.19-25","url":null,"abstract":"In the European context, animal rights legislation is relying on human rights language, since it aims to protect the animals from mental suffring. The fact that a legal norm is not labelled as a human rights norm does not alter its content. This article also shows that in the Estonian judicial system the concept of animals deserving protection of their fundamental rights is accepted by default. The reasoning of court judgments indicates that the main reason for criminal sanction is the violation of animals fundamental right not to be killed or tortured. The article supports the thesis that it is clear that there is an urgent need to recognize the animal rights in legislation directly and the need of such application of these laws by courts; altogether with placing such conviction in public awareness.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126148903","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}
Pub Date : 2019-07-02DOI: 10.17951/PPA.2018.181-98
Galyna Mikolayvna Levina
The article deals with the changes in the legislation of Ukraine during 2016–2018, which have become the impetus for a new stage of development of legal regulation and practice of creation of protected areas around the breeding ground of wild birds, in particular, with the changes to the Sanitary Rules in forests of Ukraine, approved by the Cabinet of Ministers of Ukraine of 27 July 1995 no. 555 (in the wording of the Decree no. 756 of 26 October 2016), according to which since 11 november 2016, it is prohibited in Ukraine to implement measures to improve the sanitary state of forests (i.e. selective and continuous forest sanitation, elimination of clogging; prevention of the occurrence and spread of pests and diseases of the forest, combatting them, etc.) around the breeding ground of birds of prey from the Red Book of Ukraine (radius of 500 m), black stork (radius of 1,000 m), the lekking ground of gullers, black grouses (radius of 300 m). The decree of the Ministry of ecology and natural Resources of Ukraine no. 557 “On additional Measures for the Conservation of Rare and endangered Species of animals and Plants” of 29 December 2016, Decree of State agency of Forest Resources of Ukraine no. 17 “On additional Measures for the Protection of Wild animals and Plants Recorded in the Red Book of Ukraine” dated 20 January 2017, and separate local acts (of local councils, national natural parks, forestry enterprises, etc.) are also studied. The conclusions of the study on the peculiarities of the national legal regulation and the practice of creating such preservation zones, their legal regimes and recommendations for the improvement of legislation in this area are presented.
{"title":"Protected Areas of Rare Species of Birds` Breeding Ground: Peculiarities of Legal Regulation in Ukraine","authors":"Galyna Mikolayvna Levina","doi":"10.17951/PPA.2018.181-98","DOIUrl":"https://doi.org/10.17951/PPA.2018.181-98","url":null,"abstract":"The article deals with the changes in the legislation of Ukraine during 2016–2018, which have become the impetus for a new stage of development of legal regulation and practice of creation of protected areas around the breeding ground of wild birds, in particular, with the changes to the Sanitary Rules in forests of Ukraine, approved by the Cabinet of Ministers of Ukraine of 27 July 1995 no. 555 (in the wording of the Decree no. 756 of 26 October 2016), according to which since 11 november 2016, it is prohibited in Ukraine to implement measures to improve the sanitary state of forests (i.e. selective and continuous forest sanitation, elimination of clogging; prevention of the occurrence and spread of pests and diseases of the forest, combatting them, etc.) around the breeding ground of birds of prey from the Red Book of Ukraine (radius of 500 m), black stork (radius of 1,000 m), the lekking ground of gullers, black grouses (radius of 300 m). The decree of the Ministry of ecology and natural Resources of Ukraine no. 557 “On additional Measures for the Conservation of Rare and endangered Species of animals and Plants” of 29 December 2016, Decree of State agency of Forest Resources of Ukraine no. 17 “On additional Measures for the Protection of Wild animals and Plants Recorded in the Red Book of Ukraine” dated 20 January 2017, and separate local acts (of local councils, national natural parks, forestry enterprises, etc.) are also studied. The conclusions of the study on the peculiarities of the national legal regulation and the practice of creating such preservation zones, their legal regimes and recommendations for the improvement of legislation in this area are presented.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132068832","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}
Pub Date : 2019-07-02DOI: 10.17951/PPA.2018.1133-138
Anna Haładyj, Hanna Spasowska-Czarny
{"title":"International Scientific Conference “Availability of Natural Resources. Legal Issues”, Lublin, 27 September 2018","authors":"Anna Haładyj, Hanna Spasowska-Czarny","doi":"10.17951/PPA.2018.1133-138","DOIUrl":"https://doi.org/10.17951/PPA.2018.1133-138","url":null,"abstract":"","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115057125","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}
Pub Date : 2019-07-02DOI: 10.17951/PPA.2018.159-70
R. Marusenko
The article deals with the analysis of animals’ legal status via examples of Polish and Ukrainian legislation. The examples of inaccurate usage of legal terminology is this sphere (concerning subjects and objects) are analyzed. Legislative attempts to assign the status of subjects of law to animals in Ukraine and Poland are discovered. Remarkable examples from world judicial practice are revealed. Historical parallels are shown. Conclusion of possible solutions taking into account present understanding of nature of law and the aim of proposed changes in legal regulation is made.
{"title":"Legal Status of Animals in Ukraine and Poland","authors":"R. Marusenko","doi":"10.17951/PPA.2018.159-70","DOIUrl":"https://doi.org/10.17951/PPA.2018.159-70","url":null,"abstract":"The article deals with the analysis of animals’ legal status via examples of Polish and Ukrainian legislation. The examples of inaccurate usage of legal terminology is this sphere (concerning subjects and objects) are analyzed. Legislative attempts to assign the status of subjects of law to animals in Ukraine and Poland are discovered. Remarkable examples from world judicial practice are revealed. Historical parallels are shown. Conclusion of possible solutions taking into account present understanding of nature of law and the aim of proposed changes in legal regulation is made.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"30 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120980821","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}
Pub Date : 2019-07-02DOI: 10.17951/PPA.2018.171-79
Iryna Siuiva
The article deals with the peculiarities of legal regulation of handling of farm animals during slaughter. On the basis of the analysis of Ukrainian legislation and international legislation, the requirements for the transportation of animals have been determined, taking into account their biological, species and individual characteristics, as well as the primary processing of animals and products obtained by slaughter. In the article particular attention is paid to the subject composition of the studied legal relations, the problems of applying humane methods of slaughter of farm animals and certain issues of legal responsibility in the sphere of handling animals during slaughter in Ukraine. The state of development of slaughter economy of producers of agrarian sector of Ukraine was studied. An estimation of the current state of functioning of slaughter points in Ukraine was carried out. Based on the generalization of the world and domestic experience, the directions of their development were proposed as a component of the market infrastructure. The conclusion was made about the need for the development of slaughter stations as an alternative to home slaughter of livestock intended for sale. The advantages and disadvantages of the prohibition of selling meat from home slaughter of livestock were analyzed. The ways of improving the system of state control in the field of food safety were proposed taking into account the requirements of the European Union and the socio-economic situation in Ukraine.
{"title":"Features of Legal Regulation of Handling of Farm Animals During Slaughter in Ukraine","authors":"Iryna Siuiva","doi":"10.17951/PPA.2018.171-79","DOIUrl":"https://doi.org/10.17951/PPA.2018.171-79","url":null,"abstract":"The article deals with the peculiarities of legal regulation of handling of farm animals during slaughter. On the basis of the analysis of Ukrainian legislation and international legislation, the requirements for the transportation of animals have been determined, taking into account their biological, species and individual characteristics, as well as the primary processing of animals and products obtained by slaughter. In the article particular attention is paid to the subject composition of the studied legal relations, the problems of applying humane methods of slaughter of farm animals and certain issues of legal responsibility in the sphere of handling animals during slaughter in Ukraine. The state of development of slaughter economy of producers of agrarian sector of Ukraine was studied. An estimation of the current state of functioning of slaughter points in Ukraine was carried out. Based on the generalization of the world and domestic experience, the directions of their development were proposed as a component of the market infrastructure. The conclusion was made about the need for the development of slaughter stations as an alternative to home slaughter of livestock intended for sale. The advantages and disadvantages of the prohibition of selling meat from home slaughter of livestock were analyzed. The ways of improving the system of state control in the field of food safety were proposed taking into account the requirements of the European Union and the socio-economic situation in Ukraine.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"93 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124807972","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}
Pub Date : 2019-07-02DOI: 10.17951/PPA.2018.1121-130
A. Ostrowska, Jakub Polanowski
On 13 March 2014, the Lublin City Council, acting pursuant to Art. 40(2) point 4 and Art. 41(1) of the local Government Act of 8 March 1990 (lGA), adopted resolution no. 1017/XXXIX/2014 on the introduction of the regulations for the use of the Saxon Garden in Lublin. Th regulations are attached to the resolution. Th purpose of introducing the regulations is to determine up-to-date forms of use of the Garden, taking into account its historical value (§ 2). In § 5 of the Annex no. 1 of the regulations, a provision was introduced, according to which dogs are not allowed in the area of the Saxon Garden in Lublin, with the exception of guide dogs. In the judgement commented herein the Supreme Administrative Court declared § 5 of the Annex no. 1 invalid. The commentary contains arguments against the court’s position.
{"title":"Commentary on the Judgement of the Supreme Administrative Court of 20 June 2018 (II OSK 3084/17)","authors":"A. Ostrowska, Jakub Polanowski","doi":"10.17951/PPA.2018.1121-130","DOIUrl":"https://doi.org/10.17951/PPA.2018.1121-130","url":null,"abstract":"On 13 March 2014, the Lublin City Council, acting pursuant to Art. 40(2) point 4 and Art. 41(1) of the local Government Act of 8 March 1990 (lGA), adopted resolution no. 1017/XXXIX/2014 on the introduction of the regulations for the use of the Saxon Garden in Lublin. Th regulations are attached to the resolution. Th purpose of introducing the regulations is to determine up-to-date forms of use of the Garden, taking into account its historical value (§ 2). In § 5 of the Annex no. 1 of the regulations, a provision was introduced, according to which dogs are not allowed in the area of the Saxon Garden in Lublin, with the exception of guide dogs. In the judgement commented herein the Supreme Administrative Court declared § 5 of the Annex no. 1 invalid. The commentary contains arguments against the court’s position.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114852774","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}
Pub Date : 2019-07-02DOI: 10.17951/PPA.2018.1109-118
Tetyana Kolomoyets, O. Makarenkov
The article deals with the corruption risks in the field of exercising the powers of public-legal protection of animals. It is proved that such risks represent a system of spiritual, cultural, legal, organizational, economic, political and other factors that enable and/or encourage officials of public administration bodies to commit corruption offenses while exercising their authority in the field of animal protection. The essence of these factors is outlined, the specifics of which are determined by the nature of the subject of legal protection, the content and subjects of the implementation of public authority powers, the hierarchical level of their implementation. Wild and domestic (pets and homeless) animals in Ukraine are protected by the structures of the Ministry of Ecology and Natural Resources of Ukraine, the state service of Ukraine for Food safety and Consumer Protection, the state Forestry Agency of Ukraine and the state Fisheries Industry Agency of Ukraine, as well as local public authorities and community groups. Corruption risks are specified on examples of these bodies, including those that make use of their discretionary powers or those which are not granted adequate powers. It has been found that these risks are also due to structural deficiencies, a low level of legal culture among officials and their socioeconomic and/or legal insecurity.
{"title":"Corruption Risks in the Field of Public-Legal Protection of Animals: Case of Ukraine","authors":"Tetyana Kolomoyets, O. Makarenkov","doi":"10.17951/PPA.2018.1109-118","DOIUrl":"https://doi.org/10.17951/PPA.2018.1109-118","url":null,"abstract":"The article deals with the corruption risks in the field of exercising the powers of public-legal protection of animals. It is proved that such risks represent a system of spiritual, cultural, legal, organizational, economic, political and other factors that enable and/or encourage officials of public administration bodies to commit corruption offenses while exercising their authority in the field of animal protection. The essence of these factors is outlined, the specifics of which are determined by the nature of the subject of legal protection, the content and subjects of the implementation of public authority powers, the hierarchical level of their implementation. Wild and domestic (pets and homeless) animals in Ukraine are protected by the structures of the Ministry of Ecology and Natural Resources of Ukraine, the state service of Ukraine for Food safety and Consumer Protection, the state Forestry Agency of Ukraine and the state Fisheries Industry Agency of Ukraine, as well as local public authorities and community groups. Corruption risks are specified on examples of these bodies, including those that make use of their discretionary powers or those which are not granted adequate powers. It has been found that these risks are also due to structural deficiencies, a low level of legal culture among officials and their socioeconomic and/or legal insecurity.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116809620","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}
Pub Date : 2019-07-02DOI: 10.17951/PPA.2018.127-40
T. Tretiak
The article is the result of drafting work aimed at Ukrainian legislation approximation to EU law experience in the field of the protection of flora and fauna. Th article deals with the issues arisen before the authors of the draft Law of Ukraine “On Emerald Sites”, concerning: the kind of procedure for assessing the permissibility for the types of activities, installations, plans and programmes that are likely to have an adverse impact on the Emerald sites (sites that are necessary for the conservation of natural habitats and of wild fauna and flora); the functions of appropriate assessment procedure for the proposed activities, installations, plans and programmes that are likely to have an adverse impact on the Emerald sites, etc. The author analyses the ideas enshrined in the draft Law of Ukraine “On Emerald Sites” and suggests his own proposals on this subject. Ths study may be useful for facilitating the legislative process in the field of decision-making process, property rights protection and Emerald sites preserving.
{"title":"The Legal Issues of Appropriate Assessment Procedure for the Proposed Activities, Installations, Plans and Programmes for the Types of Activities That Have or are Likely to Have an Adverse Impact on the Emerald Sites","authors":"T. Tretiak","doi":"10.17951/PPA.2018.127-40","DOIUrl":"https://doi.org/10.17951/PPA.2018.127-40","url":null,"abstract":"The article is the result of drafting work aimed at Ukrainian legislation approximation to EU law experience in the field of the protection of flora and fauna. Th article deals with the issues arisen before the authors of the draft Law of Ukraine “On Emerald Sites”, concerning: the kind of procedure for assessing the permissibility for the types of activities, installations, plans and programmes that are likely to have an adverse impact on the Emerald sites (sites that are necessary for the conservation of natural habitats and of wild fauna and flora); the functions of appropriate assessment procedure for the proposed activities, installations, plans and programmes that are likely to have an adverse impact on the Emerald sites, etc. The author analyses the ideas enshrined in the draft Law of Ukraine “On Emerald Sites” and suggests his own proposals on this subject. Ths study may be useful for facilitating the legislative process in the field of decision-making process, property rights protection and Emerald sites preserving.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133929692","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}
Pub Date : 2019-07-02DOI: 10.17951/PPA.2018.199-108
S. Marchenko
The article is devoted to the legal bases for control in the sphere of use, reproduction and protection of the animal world. legislative support of environmental control in the fild of use, reproduction and protection of wildlife was considered. Th system and powers of state authorities and bodies of local self-government concerning the implementation of the control function in the field of use, reproduction and protection of the animal world were investigated. On the basis of the analysis of legal literature and legislation of Ukraine, the peculiarities of legal regulation of control in the fild of use, reproduction and protection of wildlife were singled out, the classifiation of environmental control in the sphere of use, reproduction and protection of the animal world by subjects of its implementation and the areas of the use of animal objects has been made. Particular attention was paid to the implementation of control in the field of fisheries as one of the types of agricultural production. It was concluded that control in the sphere of use, reproduction and protection of wildlife is one of the most important functions of the state in ensuring the right to an environment that is safe for life and health and compensation for damage caused by violation of this right, stipulated in Art. 50 of the constitution of Ukraine. Proper regulation of control activities in the fild of use, reproduction and protection of wildlife can become a guarantee of observance of the norms of the current legislation, and substantially balance the relationship between the subject and the object of control.
{"title":"The Legal Basis For Control in the Sphere of Use And Protection of the Animal World in Ukraine","authors":"S. Marchenko","doi":"10.17951/PPA.2018.199-108","DOIUrl":"https://doi.org/10.17951/PPA.2018.199-108","url":null,"abstract":"The article is devoted to the legal bases for control in the sphere of use, reproduction and protection of the animal world. legislative support of environmental control in the fild of use, reproduction and protection of wildlife was considered. Th system and powers of state authorities and bodies of local self-government concerning the implementation of the control function in the field of use, reproduction and protection of the animal world were investigated. On the basis of the analysis of legal literature and legislation of Ukraine, the peculiarities of legal regulation of control in the fild of use, reproduction and protection of wildlife were singled out, the classifiation of environmental control in the sphere of use, reproduction and protection of the animal world by subjects of its implementation and the areas of the use of animal objects has been made. Particular attention was paid to the implementation of control in the field of fisheries as one of the types of agricultural production. It was concluded that control in the sphere of use, reproduction and protection of wildlife is one of the most important functions of the state in ensuring the right to an environment that is safe for life and health and compensation for damage caused by violation of this right, stipulated in Art. 50 of the constitution of Ukraine. Proper regulation of control activities in the fild of use, reproduction and protection of wildlife can become a guarantee of observance of the norms of the current legislation, and substantially balance the relationship between the subject and the object of control.","PeriodicalId":298732,"journal":{"name":"Przegląd Prawa Administracyjnego","volume":"99 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131954931","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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