Normalization as a means of legal regulation in the field of ambient protection

Abstract

Globalization of ecology problems causes a necessity to takesteps to protect environment at supranational and international levels. In thisconnection an urgent need of today is the study of experience of foreign countries inlegislative regulation of environment protection problems and search of ways toimprove domestic mechanism of environmental law, particularly, in the field ofambient air quality formation.Recent research and publication analysis. Experts who studied variousaspects of environmental law space in EU and other foreign countries were, forinstance, such scholars as N.R. Malysheva, V.I. Lozo, A.P. Hetman, O.P.Myroshnychenko, Yu.S. Shemchushenko, M.M. Mykiyevych, A.O. Andrusevych,N.V. Pakhomova, O.K. Vyshniakov,O.L. Dubovyk, P.A. Kalinichenko, L. Kremer,etc.Paper objective. Issuing from scientific theoretical and practical importance ofthe subject, the objective of the present paper is analysis of legal foundations of airquality regulation in European Union and other foreign countries, comparativeanalysis with the provision of national legislation in this field and search of ways howto improve national legislation by borrowing positive experience.Paper main body. Ambient air quality standards are determined on the basisof special principles applicable to all problems regulated by EU environmental law:consideration of effects, universal character, practical attainability, best availabletechnologies, “polluter must pay” and comprehensive approach. Much attention ispaid to ambient air quality by World Health Organization. Thus, in 2000Recommendations on Air Quality in Europe were issued (hereinafterRecommendations 2000, and in 2005 they were supplemented by WHO Air QualityRecommendations Relating to Solid Compounds, Ozone, Nitric Dioxide and SulfurDioxide. One of basic EU documents in the field of ambient air protection and itsquality regulation is Directive 2008/50/EU Ambient Air Quality and Cleaner Air forEurope aimed to ensure peoples’ health protection at local level, in member countriesand in total European Union by opposing pollutants exhaust at sources of their origin.Interesting aspect is the relation between terms “standard” and “norm”; the analysisof legislative provisions shows a certain identification of these concepts, even somesynonymy between them.On a par with study of European doctrine in ambient air quality regulation, wetreat as feasible a study in experience of other foreign countries in this field, suchas United Kingdom, United States of America and Australia. In UK ambient airquality is regulated in accordance with The Air Quality Strategy of 2007, byspecifying target values of air quality. US Clean Air Act of 1990 introduces a systemof ambient air quality standards consisting of primary and secondary standards. InAustralia standards of ambient air standards established in 1998 are valid, whereineach normalized parameter has an averaging period and maximum number of caseswhen it may be exceeded for each year.Conclusions of the research. Ukrainian ambient air quality protectionlegislation partially meets the requirements of legislation of foreign countries.In particular, the basic pollutant substances are regulated in Ukrainian legislation aswell as abroad. However, in spite of sufficiently branched system of ambient airquality regulation, not all aspects yet fully conform to the requirements of foreignlegislation.Thus, urgent necessity exists in further introduction of legislative experience ofEU and foreign countries in the field of ambient air quality to attain total concordbetween domestic Ukrainian legislation and European and world legal standards.