Law. Human. Environment

Journal Information
ISSN / EISSN : 2663-1350 / 2663-1369
Total articles ≅ 207
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Hafurova Olena, National University of Life and Environmental Sciences of Ukraine, Kukhar Olga
Law. Human. Environment, Volume 12, pp 46-53; https://doi.org/10.31548/law2021.03.006

Abstract:
The article provides a scientific and theoretical analysis of the legislation of the USSR, Ukrainian legislation. Particular attention is paid to establishing features in the legal regulation of seizure, utilization, destruction and disposal of unusable or prohibited pesticides and agrochemicals and containers from them. The authors conclude that today, given the need to improve the environment, more efforts are needed at the state level to utilize pesticides accumulated during the Soviet era, primarily to approve the state program with clear measures for its implementation and sources of funding. Today, regional state administrations have the opportunity without the intervention of the Ministry of Environmental Protection and Natural Resources of Ukraine to solve problems with obsolete pesticides and agrochemicals, as well as to determine where it is most profitable to dispose of these substances. Thus, to date, the process of reducing unusable pesticides has been launched. It aims to improve the ecological situation in the country, help reduce the negative impact on people's lives and health, and allow agriculture to develop. Keywords: waste, industrial waste, pesticides, plants protecting products, utilization of pesticides, container, agriculture
Hafurova Olena, National University of Life and Environmental Sciences of Ukraine, Marchenko Svitlana, Taras Shevchenko National University of Kyiv
Law. Human. Environment, Volume 12, pp 40-45; https://doi.org/10.31548/law2021.03.005

Abstract:
The article is devoted to the analysis of legal issues of deregulation of agrarian business in Ukraine. Historical aspects of deregulation of Ukraine's economy are studied. The legislation and special literature on deregulation of agrarian business are analyzed, the main measures of deregulation of agrarian business in Ukraine are singled out and characterized. Attention is drawn to the need to ensure the balance of public and private interests in the agricultural sector of the economy in determining the limits of deregulation of agribusiness. Based on the analysis of current legislation and practice of its application, it is concluded that the deregulation of agrarian business in Ukraine is universal, as it covers all elements in the structure of agrarian relations, which allows to consider it as one of the main principles in the mechanism of legal regulation of institutional and functional support. agrarian relations. Keywords: legal regulation, agrarian sphere, agrarian business, deregulation, State agrarian register, public administration, optimization of public administration
Deineha Maryna, National University of Life and Environmental Sciences of Ukraine
Law. Human. Environment, Volume 12, pp 54-59; https://doi.org/10.31548/law2021.03.007

Abstract:
The article is devoted to the analysis of the current state of the legislation of Ukraine in the field of hydraulic reclamation of lands, as well as to highlight the prospects for the development of legal support of the outlined sphere of public relations. It is established that hydraulic reclamation of lands contributes to increasing soil fertility, increasing productivity and sustainability of agriculture, creating a guaranteed food fund of the state. However, in recent years, the effectiveness of hydraulic land reclamation is declining, due to a number of reasons of objective and subjective nature: insufficient logistics and shortcomings in the operation of hydraulic structures, deterioration of ecological and reclamation of agricultural land, lack of interest and responsibility land users. These factors include incomplete use of scientific developments, insufficient information support, imperfect and outdated legal framework. Given the great importance of hydraulic land reclamation for the development of agriculture in the country, these relations require proper legal regulation. It is concluded that the problems of combating desertification, resource and food security of the state in years with adverse weather conditions, water supply of agriculture cannot be solved only by organizing land reclamation, because this problem is complex. In order to achieve the goals of the Irrigation and Drainage Strategy in Ukraine for the period up to 2030, it is necessary to ensure effective interaction of legal, organizational, economic and financial mechanisms of irrigation and drainage restoration in Ukraine within the framework of the identified priority areas. Keywords: land reclamation, hydraulic land reclamation, land irrigation, land drainage, agricultural lands
Novak Tamara, National University of Life and Environmental Sciences of Ukraine
Law. Human. Environment, Volume 12, pp 98-106; https://doi.org/10.31548/law2021.03.012

Abstract:
The article is devoted to the analysis of the current state of legal protection of labor protection when performing work with pesticides, as well as the formulation on its basis of conclusions and proposals aimed at improving the current legislation in this area. It is established that the process of updating labor legislation is currently underway in Ukraine. In particular, through the adoption of regulations governing the rules of labor protection when working with certain types of chemicals (for example, ammonium nitrate). As a result of the study of current legislation in the field of labor protection when working with pesticides, it was concluded that the basic documents (State Sanitary Rules 8.8.1.2.001-98 «Transportation, storage and use of pesticides in the national economy» and State Sanitary Rules and Norms 8.8.1.2.3.4-000-2001 «Permissible doses, concentrations, quantities and levels of pesticides in agricultural raw materials, foodstuffs, air of the working area, atmospheric air, water of reservoirs, soil») are not able to regulate properly appropriate relations due to the obsolescence of their provisions. The main shortcomings of State Sanitary Rules 8.8.1.2.001-98 are determined: references in its content to already invalid regulations on labor protection, inconsistency with modern developments in the field of hygiene and toxicology of pesticides; unreasonably detailed regulation, which results in an excessive burden on business entities and leads to formalism in the implementation of the provisions of this document by employers; incorrect «rigid» regulation of the choice of personal protective equipment for work with pesticides. The directions of improvement of the legislation in the field of labor protection at performance of works with pesticides are defined. Among them: introduction of a risk-oriented approach to the organization of labor protection, including in the field of agriculture; borrowing positive international experience in the field of awareness of stakeholders on the hygienic regulation of pesticide use, the necessary safety measures for work with the use of such substances. Keywords: occupational safety, dangerous production factor, labor protection regulations, labor protection, pesticides, legal support, agriculture
Hbur Liusia, National University of Life and Environmental Sciences of Ukraine
Law. Human. Environment, Volume 12, pp 137-144; https://doi.org/10.31548/law2021.03.017

Abstract:
The article analyzes the legal support for combating and preventing domestic violence against women. The statistics show that in 2020 the bodies and institutions entrusted with the functions of implementing measures to prevent and combat domestic violence received 211,362 complaints about domestic violence, of which – 2,756 from children, 180,921 – from women , 27 676 – from men. It is concluded that the ratification of the Istanbul Convention is still open, which currently helps all signatory states to effectively combat a wide range of phenomena, including psychological violence, physical violence, sexual violence, especially rape, forced marriage, forced abortion, forced abortion, forced abortion. genitals, crimes in the name of so-called «honor», harassment, sexual harassment, etc. In addition, the need to ratify the Istanbul Convention has been and continues to be insisted on by the world community, as by signing this Convention, Ukraine has committed itself to ratifying it in the future. It is determined that the normative-legal provision of prevention and counteraction to domestic violence against women consists of a set of international covenants, declarations and conventions, normative-legal and by-laws normative-legal acts. It has been found that the number of reports of violence against women is increasing every year, so the legislator should work to prevent any forms of domestic violence by amending the legislation governing preventive measures. Keywords: violence, women, gender equality, Istanbul Convention, domestic violence, combating violence, domestic violence, gender equality
Kovalova Svitlana, National University of Life and Environmental Sciences of Ukraine, Sokolovska Nataliia
Law. Human. Environment, Volume 12, pp 131-136; https://doi.org/10.31548/law2021.03.016

Abstract:
The article is devoted to the analysis of the institute of criminal liability and punishment for minors under the Ukrainian legislation. Theoretical and practical features of sentencing for criminal offenses are examined and the main tendencies of sentencing at the present stage are determined. It is stated, that certain provisions of the Criminal Code of Ukraine on the sentencing of minors do not correspond to the worldwide practice of humanizing the punishment for juveniles. It is determined that the purpose of criminal punishment for minors is the process of education. Also, it is proved, that this goal should be confirmed in the current Penal Code. Attention is focused on the fact that the backbone of the state strategy on criminal law counteraction to juvenile delinquency should be a child-friendly system of juvenile justice. The necessity of adding new types of punishment into Penal Code of Ukraine which would be applied only for young offenders is defined. Moreover, the expediency of forming a new system of punishment for juveniles, which would take into account more sophisticated and new educational measures is proved. The peculiarities of imposing criminal punishment on minors according to the legislation of other foreign countries are clarified. It is shown that special penalties for minors, which are not connected with isolation, are provided by the criminal legislation of most European countries. Keywords: juvenile, sentencing, criminal liability, sanity, punishment, delinquency, criminal law policy, humanism, condemnation, psychological features
Mazii Vitalii, National University of Life and Environmental Sciences of Ukraine
Law. Human. Environment, Volume 12, pp 84-90; https://doi.org/10.31548/law2021.03.010

Abstract:
This article is devoted to the insufficiently studied in the theory of land law the concept of «subcategory of lands». The author established the fact that despite the widespread use of the phrase «subcategory of lands» by domestic and foreign scientists, there are no studies aimed at revealing this concept and outlining the same subcategories of lands. In the course of the research it was established that the current land legislation has about 119 subcategories of land, which are within different categories of land. Using the methods of theoretical and legal science, an attempt was made to reveal the concept of «subcategory of lands» and give it an appropriate definition. It is stated that subcategories of land play an important role in the proper functioning of current land legislation of our state, the lack of allocation and proper legal regulation of subcategories of land can lead to mass violations (intentional or negligent) in the use of land for its intended purpose. To effectively address the issue of proper legal regulation of land subcategories, the author analyzed the successful experience of the United States on this issue and proposed the development of a legal act that could perfectly regulate the relevant land categories, establish a full classification of major categories and subcategories. Lands, as well as provide them with a detailed description. In the final stage of the study, the author emphasizes that there is an urgent need to pay due attention to this issue by lawmakers, scholars and practitioners. Keywords: subcategory of lands, category of lands, division of lands into subcategories, purpose of lands, land legislation
Yermolenko Volodymyr, National University of Life and Environmental Sciences of Ukraine, Zhuryna Alona
Law. Human. Environment, Volume 12, pp 34-39; https://doi.org/10.31548/law2021.03.004

Abstract:
The scientific article examines the experience of the legal regulation of ecotourism in Poland. Poland is Ukraine's western neighbor and has passed the European integration path, so the application of Poland's positive experience in legal regulation of natural resources for ecotourism will be really useful. In particular, special attention is paid to the issues of clear delineation of the concept of ecotourism (rural green tourism), the purpose of ecotourism is determined. This scientific article directly analyzes the Polish legislation and identifies the main criteria that distinguish ecological / rural green tourism from other types of tourism. In general, it is determined that the experience of Poland in the legal regulation of ecotourism and its use of natural resources for ecotourism is quite progressive, as Polish legislation contains a number of provisions that address various issues that are not regulated in Ukraine. This scientific article highlights some aspects of the legal regulation of ecotourism (rural green tourism) in Poland, which may be useful for Ukraine. This scientific article presents proposals that can be tested by the domestic legislator in the process of formulating legislation on the use of natural resources for ecotourism. Keywords: ecotourism, legal regulation of ecotourism, ecotourism resources, ecotourism legislation of Ukraine, ecotourism legislation of Poland
Kidalov Serhii, National University of Life and Environmental Sciences of Ukraine, Snizhna Valeriia
Law. Human. Environment, Volume 12, pp 119-130; https://doi.org/10.31548/law2021.03.015

Abstract:
The scientific work investigates the features of administrative liability for offenses in the field of environmental protection. A classification of administrative offenses in the field of environmental protection has been formed, where the most common method is classification by object of encroachment. A study of the composition of administrative offenses in the field of environmental protection. In particular, it is determined that the composition of environmental offenses consists of: object – public relations in the field of environmental protection; subject – a natural sane person aged 16 years; objective side – illegal behavior, causing harm to the environment or violation of legal rights of subjects of environmental law; the causal link between the wrongful conduct of a person and the harm caused, the subjective side – guilt, motive and purpose of the offense. The issues, essence, features and types of measures of administrative coercion in the field of nature protection, the system and types of administrative penalties, the causes and conditions of committing offenses in the field of ecology are studied. In particular, it is determined that the causes and conditions of environmental offenses can be divided into two groups: subjective (is circumstances that arise in a person's desire to commit them) and objective, which include negative consequences for the nature of some achievements of science and technology. In addition, the scientific article attempts to analyze the main mechanisms of prevention of administrative offenses in this area and on the basis of this analysis, the authors provide their own conclusions on improving the administrative and legal mechanism of environmental protection. Also, it is determined that the administrative remedies for the prevention of administrative offenses in the field of environmental protection in addition to the establishment of legal norms, rules, regulations and standards include: state control over environmental protection; persuasion measures; measures of administrative coercion applied for the purpose of prevention, cessation of offenses in the field of environmental protection and bringing the perpetrators to administrative responsibility, as well as remedial measures. It is proved that to improve the administrative and legal mechanism in the field of ecology, our state should introduce: the use of legal, scientifically sound approach, a system of assistance to enterprises in the field of environmental modernization of production, adoption of the «polluter pays» principle, training and retraining of civil servants, environmental sphere. Keywords: administrative offenses, environmental protection, administrative and legal mechanism, composition of administrative offenses, administrative coercion, administrative and legal measures
Kachur Vira, National University of Life and Environmental Sciences of Ukraine
Law. Human. Environment, Volume 12, pp 15-23; https://doi.org/10.31548/law2021.03.002

Abstract:
The goals of sustainable development, outlined in the final document of the UN Summit «Transforming our world: the 2030 agenda for sustainable development», continue to be the main model of development for all countries. Sustainable development is formed and provided by various determinants, among which legal values are not the last. They provide legal identification of objects recognized as benchmarking guidelines for sustainable development, and form the value and legal orientations of entities which activities are aimed at performing these tasks. The lack of a common system of legal values leads to the deformation of the legal consciousness of the population, the dominance of nihilistic trends, makes it impossible to achieve sustainability and stability in society. Therefore, the existence of a single value-legal paradigm is a consolidating factor of Ukrainian society, forms a positive attitude of the subjects to the political and legal life of the country, promotes their legal socialization and the development of a proper legal position. This allows to achieve social justice, build the foundations of inclusive development, ensure the rule of law, eradicate corruption and restore trust in the state and its institutions, strengthen social cohesion, ensure the interaction of public authorities with the public and self-organize the activities of citizens. Among the legal values that contribute to the achievement of sustainable development goals and form the foundation of legal culture, a special place is occupied by human, justice, freedom, responsibility, equality, patriotism, religious tolerance, etc. Keywords: life choice, legal culture, legal position, legal values, value and legal guidelines, sustainable development, value and legal attitudes
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