Legal regime of radioactively contaminated territories: problems of ecological improvement

Abstract

The paper deals with the problems of the legal regime of radioactively contaminated territories. Particular attention is paid to the implementation of constitutional priorities, which provide for the need to ensure environmental safety and maintain ecological balance on the territory of Ukraine, overcoming the consequences of the Chernobyl disaster. Moreover, the paper emphasizes the mandatory content of the legal regime of radioactively contaminated territories due to the need to overcome the consequences of the accident. Accordingly, restoration and ecological rehabilitation are identified among the priority tasks of the legal regime of radioactively contaminated territories. The issue of insufficient legal provision of measures for the ecological improvement of such territories is raised in the Law of Ukraine "On the Legal Regime of the Territory Exposed to Radioactive Pollution as a Result of the Chernobyl Disaster". The majority of its norms are aimed precisely at the conservation of the ecological situation in the relevant territory, in particular the division of the territory into relevant zones, and the definition of restrictions both in access to such territories and types of economic activity within the limits of the relevant zones, which requires supplementing the provisions of the Law aimed at the restoration of radioactively contaminated territories. Taking into account the state's duty to ensure environmental safety, the priority nature and proper financing of measures for environmental improvement and restoration of radioactively contaminated territories in the state budget are considered. Based on the results of the conducted research, a complex approach to the legal provision of ecological rehabilitation of radioactively contaminated territories is substantiated, which will include the need to localize such territories by introducing a nature protection regime with limited anthropogenic influence. Determination of a set of measures aimed at the removal or neutralization of radioactively irradiating components within the framework of separate programs for the restoration of such territories. Provision of priority budget financing of measures for ecological rehabilitation of radioactively contaminated territories and objects is analysed as a component of national security.