ДОКТРИНАЛЬНИЙ ПІДХІД ДО ВИЗНАЧЕННЯ ЕКОЛОГІЧНОЇ ШКОДИ В ЄВРОПЕЙСЬКОМУ СОЮЗІ ТА УКРАЇНІ

Abstract

The article examines the study of the foundations of environmental law of the European Union, the determination of its influence on national legislation, and a generalization of the features of the practical implementation of the obligations of our state. Today, humanity has already clearly realized the need for careful treatment of the environment. The unsatisfactory state of the natural environment has long acquired a transnational status, therefore there is an urgent need to unite the efforts of the population of the entire planet in the implementation of all possible and effective measures to restore a favorable ecological situation. Currently, the protection of the natural environment is one of the priority directions of the European Union, which determines the competence of the EU in the field of environmental protection and conditions the adoption of a significant number of pan-European normative acts. Pan-European nature protection institutions play a significant role in solving environmental problems in the EU. This is due to their relative freedom from everyday problems inherent in each member state, and the right of initiative to harmonize legislation in the environmental sphere. Among the global problems of our time, one of the most urgent are undoubtedly environmental problems, the immediate solution of which depends on the future life and health of a person. The formation of the regulatory framework of the European Union in the field of the natural environment is determined by a number of economic, technological and political factors and processes taking place in Europe. Thus, areas of regulation are created and developed in close connection with the emergence and aggravation of certain environmental problems: a certain environmental problem appears – new normative legal acts are created, or the content of legal regulation of an already existing subject area is expanded. At the same time, reforms related to the integration of Ukraine into the European socio-economic space significantly increased the role of law as a regulator of social relations. Inclusion in the circulation of natural resources determines the relevance of studying the role, functions and capabilities of the legal mechanism in the field of environmental protection and compensation for environmental damage.