Fund Of Ukraine Research Articles

Analysis economics and organizational principles of investment activity of business associations

We have studied business associations, bodies of state government and their investment activities (National Bank of Ukraine, the Antimonopoly Committee of Ukraine, the State Property Fund of Ukraine, National Committee of Securities and Stock Market). As a result, common areas of impact and differences in their performance were distinguished. A model for development of economic and organizational basis for investment activities regulation of business associations was also developed in this article. This model includes the leading regulatory impact of State Property Fund. Coordinating role was assigned to the Department of Investment-Innovation Policy and Development of State-private partnership. The functional and subject field of its activities was specified for this purpose. The scheme of inter-institutional cooperation in process of creation and functioning of business associations was developed with due consideration of regulatory impact and coordinating role of the Investment-Innovation Policy and Development of state-private partnership Department onto business associations activities. Based on the results of the study we can offer the Supreme Council of Ukraine to make appropriate legislative changes regarding: improvement of the methodological foundations of the current legal framework regarding investment activities of business associations; distribution of leading role in the process of regulatory management and proceeding of inter-institutional interaction scheme; development of investment activity controlling mechanism by bodies of state government.

The problem of defining the limits of protected areas in Ukraine regarding to the sustainable land management

Nowadays all over the world new protected areas are being created. In Ukraine this process is developed within European programs. During the years of independence many new protected areas were created. Large amount of them were included in so called Ukrainian ecological network that ought to be built in 2015. This network is connected with the European ecological network. The governmental reports show high level of the execution of the programs of developing of the protected areas. But in reality we can see that many of new protected areas do not have the determined limits. This results in dangerous human occupation of such lands. Businessmen understand that occupation will be impossible soon. And they think that such protected areas are proclaimed but yet not really exist. And most of Ukrainian courts agree with this. Recent research and publications analyses. Research of management of protected areas through legal means in Ukraine was made by many Ukrainian scientists (V.I. Andreytsev, A.P. Hetman, M.V. Shulga, P.F. Kulynich, A.M. Myroshnychenko and others). At the same time the scientists have not paid enough attention to the problem of defining the limits of protected areas which is now really a great legal problem in Ukraine. Paper objective is the legal problem of defining the limits of protected areas in Ukraine regarding to the sustainable land management. Paper main body. Generally, protected areas are understood to be those in which human occupation or at least the exploitation of resources is limited. The definition that has been widely accepted across regional and global frameworks has been provided by the International Union for Conservation of Nature (IUCN) in its categorization guidelines for protected areas. The definition is as follows: "A clearly defined geographical space, recognized, dedicated and managed, through legal or other effective means, to achieve the long-term conservation of nature with associated ecosystem services and cultural values." In Ukraine all protected areas consist of a «fund». Its name can be translated into English like «natural reserved fund». It includes areas of national and regional value. Protected areas are divided into categories. The most widespread are: nature reserve (most protected), national park, zakaznik (a type of protected area in Ukraine and some other former Soviet republics that meets World Conservation Union's (IUCN) category III, or more frequently category VI criteria). In Ukraine there are two types of land planning: 1) land management; 2) planning of development of territories which includes city planning. The limits of each land lot are determined by special documentation within the system of land management. The main type of documentation is the project of land management. This document is also made for protected area as a separate geographical space. According to the law the limits of each protected area are determined by the project. But very often we face the situation when there is no such project. The reasons are different. One of them is that many people are not interested in creation of a new protected area. The amendments to the law “About natural reserved fund of Ukraine” made in 2010 give the solution of this problem. Before the land management project is contained the limits are determined by project of creation of protected area. This document is contained before the proclamation of protected area. But lawyers often face the situation that appeared before 2010. Most of them think that the only evidence of existence of protected area is the land management project. They are so fascinated with this thing that many of them still even do not know about the project of creation of protected area. The author disagrees with them. On the basis of analysis of laws of Ukraine and many other court rulings he offers several new ways of definition of the limits of protected areas. Conclusions of the research. The main way to define the limits of protected areas is to make the project of land management. The additional way is to make the project of creation of protected area. If these documents do not exist other ways would be used: scientific justification, list of landowners, city planning documentation

Особливості правового забезпечення виділення особливо цінних для збереження лісів в Україні

Проаналізовано чинне національне законодавство та ратифіковані Україною міжнародні конвенції щодо особливо цінних для збереження лісів (ОЦЗЛ). Визначено, що концепція ОЦЗЛ частково реалізована у чинній нормативно-законодавчій базі ведення лісового господарства у вигляді категорій і підкатегорій захисності лісів. Здійснено порівняння категорій та підкатегорій ОЦЗЛ з об’єктами природно-заповідного фону України. Встановлено, що відсутність у національному законодавстві відповідних нормативних положень або неузгодженість різних законів та інших законодавчих актів і підзаконних документів щодо визначень особливо цінних для збереження лісів і господарювання в них, гальмує ефективне використання концепції ОЦЗЛ.

Some aspects of the legal regulation of the water fund lands in Ukraine during the Russian Empire

Nowadays the Ukrainian legal doctrine of law is lacked of adequate analyzes of the legal regime of lands of water fund in its historical context. This issue becomes more urgent with the necessity to interpret the value of these categories of land and their effective use. In this regard, it is necessary to analyze the legislation that had been in force on the territory of modern Ukraine in different historical periods, including times of staying under the Russian Empire jurisdiction. And it is important to distinguish the issues relating to the legal regulation of the water fund lands (in its modern sense). Analysis of recent researches and publications. The importance of issues raised in the article influenced on the choice of the subject, some aspects of which being discussed in the works of such representatives of law of the land science as L. I. Dembo, A. P. Hetman, I. I. Karakash, R. I. Marusenko, A. M. Miroshnichenko, A. A. Pogrebnoy, N. V. Shulga and others. The object of the article is to analyze the legislation of Ukrainian lands during its staying under the Russian Empire jurisdiction, and also to distinguish the issues relating to the legal regulation of the water fund lands (in its modern sense). The main part. The issue of forming of the legal regime of lands of water fund (in its modern sense) during Ukrainian lands staying under the Russian Empire jurisdiction had been examined and as a result, the provisions relating the legal regulation of this category of land were distinguished. A distinctive feature of that period is focus on coastal waters and land protection, the negative influence of water control that had been fixed in law for the first time ever. During this period there had been attempts to synthesize water legislation, irrigation and reclamation (drainage and irrigation of land) had actively been developed, the need for common use waters and coastal zones had been recognized. In our opinion, at this time there had been laid the backgrounds for distinguishing of lands of water fund into a separate category for appropriate water bodies’ protection. Conclusions of the research. Based on these considerations, it can be stated that the period of staying under Russian Empire jurisdiction had a significant influence on the formation of legal regulation of land water resources in its modern sense on the territory of Ukraine and it can be distinguished as a separate legal regime of lands of water fund of Ukraine.

Norsk Hydro ASA v The State Property Fund of Ukraine and Ors

Norsk Hydro ASA v The State Property Fund of Ukraine and Ors