State and prospects of development of the science of environmental law of Ukraine in the context of european integration

Анатолій Павлович Гетьман

doi:10.21564/2414-990x.148.191933

Abstract

The science of environmental law in modern Ukraine occupies an important place in human public life and has various leve ls: basic, methodological, philosophical and legal, general theoretical, industry-theoretical and applied. In the context of the proposed study, environmental science is considered at the fundamental level. It must be understood as a system of knowledge and ideas about environmental law and its constituent institutions (ownership of natural resources, environmental management rights, environmental security law, environmental legal protection, legal responsibility for environmental violations, legal climate protection, etc.), the ultimate goal of which is the development of the concept of environmental law and legislation, the study of relevant theoretical and methodological problems of this branch of law and legislation, the formation of its conceptual apparatus, scientific categories used by the legislator and law enforcement agencies, analysis of environmental policy and the role of the state in the implementation of the environmental function. The subject of environmental law science includes not only the norms and institutions of this branch of law, but also studies of environmental and legal relations regulated by other branches of legislation (environmental management, environmental tax, fee for the special use of natural resources, environmental insurance and auditing, international and European environmental community, etc.), their specificity, the reasons for the emergence, functioning and termination.

Highlights

The current state of environmental law is largely characterized by existence of an extensive system of legislative and regulatory acts governing the public relations pertaining to the use of natural resources, their reproduction, environmental protection, creation of favorable conditions for human security in the environment, climate protection and environmental safety.The study of environmental and legal issues began in the context of the idea of creating a legal mechanism for ensuring sustainable development of the state, precluding harmful environmental impacts, preventing the negative environmental and social consequences of environmental hazards, which was reflected in the Law of Ukraine “On Environmental Protection”.At the same time, the Association Agreement between Ukraine and the EU, and the related economic transformations taking place in the Ukrainian society, i.e. the reform of socio-economic relations, constitutional reform, decentralization and reform of local self-government bodies, reform of higher education, including legal education, determine the need for modern decisions to further the development of environmental law, its impact on lawmaking and legal practice, modernization of legal education and formation of new scientific law schools.Formulation of the problem
In the context of the proposed study, environmental science is considered at the fundamental level. It must be understood as a system of knowledge and ideas about environmental law and its constituent institutions, the ultimate goal of which is the development of the concept of environmental law and legislation, the study of relevant theoretical and methodological problems of this branch of law and legislation, the formation of its conceptual apparatus, scientific categories used by the legislator and law enforcement agencies, analysis of environmental policy and the role of the state in the implementation of the environmental function
The current state of environmental law is largely characterized by existence of an extensive system of legislative and regulatory acts governing the public relations pertaining to the use of natural resources, their reproduction, environmental protection, creation of favorable conditions for human security in the environment, climate protection and environmental safety

Summary

Introduction

The current state of environmental law is largely characterized by existence of an extensive system of legislative and regulatory acts governing the public relations pertaining to the use of natural resources, their reproduction, environmental protection, creation of favorable conditions for human security in the environment, climate protection and environmental safety.The study of environmental and legal issues began in the context of the idea of creating a legal mechanism for ensuring sustainable development of the state, precluding harmful environmental impacts, preventing the negative environmental and social consequences of environmental hazards, which was reflected in the Law of Ukraine “On Environmental Protection”.At the same time, the Association Agreement between Ukraine and the EU, and the related economic transformations taking place in the Ukrainian society, i.e. the reform of socio-economic relations, constitutional reform, decentralization and reform of local self-government bodies, reform of higher education, including legal education, determine the need for modern decisions to further the development of environmental law, its impact on lawmaking and legal practice, modernization of legal education and formation of new scientific law schools.Formulation of the problem.

Results

Conclusion