ДО ПРОБЛЕМИ ФОРМУВАННЯ ТА ОБ’ЄКТИВАЦІЇ НОРМАТИВНОЇ МОДЕЛІ ПРИЗНАЧЕННЯ КЕРІВНИКА РОБІТ І ШТАБУ З ЛІКВІДАЦІЇ НАСЛІДКІВ НАДЗВИЧАЙНОЇ СИТУАЦІЇ

Abstract

Problem setting. The global trend of growth in the disaster risk is largely associated with climate change, manifested in an increase in the intensity and frequency of the occurrence of destructive storms, increasing extreme temperatures, changes in precipitation characteristics, etc. It is assumed that the disaster risk due to global transformations will increase significantly in the near future. Domestic researchers acknowledge that the natural and manmade emergencies risks in Ukraine are constantly increasing. Therefore, the state, in the person of the authorities and individual officials, must ensure the consistent implementation of a set of measures aimed at regulating natural and man-made security, in particular, the liquidation of emergency consequences, as well as recovery. Recent research and publications analysis. The problems of ensuring the readiness of the unified state civil protection system to liquidation of emergency consequences are discussed in a number of scientific papers. Certain aspects of regulating relations in the emergency situation regime and the legal grounds for introducing such a regime has been outlined in the scientific works of such scholars as S.A.Andreev, P.B.Volyansky, N.G.Klimenko, A.S.Pronevich, A.V.Terent'eva et al. Some questions concerning the organization of the work of the head of works and the headquarters for liquidating the consequences of emergency situation in the event of such situations were considered by A.A.Gavaz, R.V.Gudak, A.D.Gudovich, D.I.Leshko, V.I.Mazurenko, I.P.Sokolovsky and others. At the same time, the normative model of the appointment of the head of works and the headquarters for liquidating the consequences of emergency situation was not the subject of a special study, what led to the choice of the topic. The paper objective is to develop proposals aimed at bringing the activities of the executive authorities on the established by the law requirements on the appointment of the head of works and the headquarters for liquidating the consequences of emergency situation. The paper main body. The article examines the content of the normative model of the appointment of the head of works and the headquarters for liquidating the consequences of emergency situation and the means of its implementation. Based on the assessment of the existing practice of implementing this regulatory model, gaps in the legislative regulation of the relevant legal relations have been identified. It is noted that the authorized subjects have disregarded the established requirements on the appointment of the head of works and the headquarters for liquidating the consequences of emergency situation. In order to bring the actual activities of the executive authorities in line with the established norms, proposals have been formulated regarding the perfection of this normative model. Conclusions of the research. The normative model of the appointment of the head of works and the headquarters for liquidating the consequences of emergency situation provides for mandatory administrative actions, namely the temporary installation of an emergency regime in a clearly defined territory, the appointment of the head of works for liquidating the consequences of emergency situation, and the transfer of the relevant components of the unified state civil protection system to the daily functioning regime after the liquidation of the consequences of an emergency. The presence of cases when the appointment of the head of works and the headquarters for liquidating the consequences of emergency situation does not happen indicates the need for a legislative settlement of the administrative responsibility of officials for non-compliance with legislative requirements, as well as in case of negative consequences from actions or inaction of the head of works for liquidating the consequences of emergency situation. Functions of supervision over observance of requirements of the legislation in case of occurrence of an emergency situation are proposed to be assigned to the body that decides on the appointment of such the head of works. It seems necessary to submit the relevant changes in the Code of Civil Defense of Ukraine and the Code of Ukraine on Administrative Offenses.