Legal Provision of Rational Nature Management in the Conditions of Martial Law

Abstract

The article is devoted to the currently relevant problem of legal provision of rational nature management in the conditions of martial law. From the theoretical foundations, the right of using nature resources, is considering in three guises: as a legal institution, as a subjective right, as a legal relationship. In scientific surrounding there are discussions about the topic of applying the categories of «legal regulation», «legal provision» and «governance”. The first one includes, the general legal provisions of ensuring the right of using nature resources by everyone. The second group consists of special norms of domestic legislation on ensuring the right of special using the nature resources. The third group is also conventionally divided into two parts: application of international principles of rational nature management and sustainable development; adaptive nature management, in compliance with the principle of "do no harm", under the legal regime of martial law.
 Observe, that management is carried out by the military command and state authorities in wartime, has a significant impact on ensuring national security, regulation in the management system of the national economy and is characterized by the permissibility of limiting the constitutional human rights and freedoms and legitimate interests of legal entities, at least the law provides the validity period of these restrictions. The article noted, the changes in the organization of administration affects the procedures for its implementation under the legal regime of martial law.
 The author gives a generalized description of the provision of sustainable development under the conditions of rational nature management as the primary basis for the economic security of Ukraine in the conditions of martial law.
 The article describes the processes of amendments and additions to the legislation that allow changing the legal regime of lands for relocated enterprises. On the one hand, this issue is solved by legal regulation, and on the other - it is necessary to talk about supporting businesses whose activities are innovative and environmentally oriented. The author is conveying the opinion, that the war should in no case be the reason for the violation of the principles of rational nature management and sustainable development of regions for new enterprises.
 In the conditions of aggressive hostilities against the background of shelling, bombing, mining, and arson of natural objects, including other types of pollution during the war, the preservation of the qualitative and quantitative state of Ukraine's natural resources seems extremely unoptimistic. In fact, by conducting monitoring and cadastral observation, we can compare the state of natural resources and natural objects in general by qualitative and quantitative indicators before, during and after the war, which will be useful for documenting war crimes.