国家在环境保护领域对地方自治政府行使控制权

Serhii Boldyriev, Tatyana Steshenko, S. Serohina, Svitlana Fomina, I. Kapelista
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引用次数: 0

摘要

如今,由于环境问题日益严重及其对人们生活的影响,环境保护已成为世界各国政府的首要任务。一些棘手的问题可以而且必须在地方一级得到解决,这将使环境政策更加有效,并考虑到地方的需求。本研究旨在分析地方自治机构在监督环境立法遵守情况方面的能力。通过比较分析,从法律保护的角度研究了地方自治机构确保保护环境和生态系统的问题。在研究过程中,发现了在地方一级实施有效环境保护措施的几个障碍:融资系统不完善、缺乏环境意识、缺乏有效的行政和程序措施以及国家控制不完善。针对发现的问题,对执行《欧洲地方自治宪章》规范的积极经验进行了调查。结果表明,地方自治政府的权力下放对保护生态系统产生了积极影响,因为它拉近了地方当局与公众的距离,并赋予地方当局解决与遵守环境立法有关的问题的真正权力。此外,为了提高国家在环境保护领域对地方自治政府的控制机制的有效性,还提出了一套此类控制的原则体系,包括公开性、系统性、有效性、客观性、公正性和普遍性。建议的制度将涵盖几个关键的环境问题,并在主管专家和公众的参与下快速有效地解决这些问题。通过进一步的研究和论证,可以看出地方一级的环境保护状况,从而确定实施地方自治权力下放的切实可行的建议。
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Exercise of State Control over Local Self-Government in the Field of Environmental Protection
Today, environmental protection is a priority task for the governments of countries around the world due to the deepening of environmental problems and their impact on people's lives. Several problematic issues can and must be solved at the local level, which will make environmental policy more effective and take into account local needs. The study aimed to analyse the competence of local self-government bodies in terms of monitoring compliance with environmental legislation. A comparative analysis was used to study the issue of ensuring the protection of the environment and ecosystem by local self-government bodies through the prism of legal protection. During the research, several obstacles to the implementation of effective environmental protection measures at the local level were identified: the imperfection of the financing system, the lack of environmental awareness, the absence of effective administrative and procedural measures, and the imperfection of state control. In response to the identified problems, the positive experience of implementing the norms of the European Charter of Local Self-Government was investigated. It was established that the decentralization of local self-government had a positive effect on the protection of the ecosystem, as it brought local authorities closer to the public and provided local authorities with real powers to solve problems related to compliance with environmental legislation. In addition, to increase the effectiveness of mechanisms of state control over local self-government in the field of environmental protection, a system of principles of such control is proposed, consisting of publicity, systematicity, effectiveness, objectivity, impartiality, and universality. The proposed system will cover several key environmental problems and quickly and effectively solve them with the involvement of competent specialists and the public. The state of environmental protection at the local level is seen in further research and justification to determine practical recommendations for the implementation of decentralization of local self-government.
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来源期刊
CiteScore
1.90
自引率
0.00%
发文量
118
期刊介绍: WSEAS Transactions on Environment and Development publishes original research papers relating to the studying of environmental sciences. We aim to bring important work to a wide international audience and therefore only publish papers of exceptional scientific value that advance our understanding of these particular areas. The research presented must transcend the limits of case studies, while both experimental and theoretical studies are accepted. It is a multi-disciplinary journal and therefore its content mirrors the diverse interests and approaches of scholars involved with sustainable development, climate change, natural hazards, renewable energy systems and related areas. We also welcome scholarly contributions from officials with government agencies, international agencies, and non-governmental organizations.
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