Journal Journal of Vasyl Stefanyk Precarpathian National University

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Vasyl Kostytsky
Journal of Vasyl Stefanyk Precarpathian National University, Volume 5; doi:10.15330/jpnu.5.2.25-32

Abstract:The author examines the problems of contemporary society and their impact on the environment, as well as on the development of environmental law, analyzes such legal definitions as the environment, the right of environmental safety, their sociological and legal content, the right to a favorable environment as a subjective right of man in the modern world. In this article, it is not the first time when author raises the question of a new role of the state in modern conditions, the ability of the state to respond to global challenges using theoretical and legal science and sociology of law within the framework of the theological and sociological understanding of law which was proposed by the author. According to the author, the post-industrial state, which still remains the mechanism of servicing the liberal values of society, must be replaced with ecological state that can preserve democratic values, on the one hand, and to find answers to the challenges of the present, on the other hand, to strengthen the power influence on the course of events in society, between civil society and the state within the framework of the constitutional and legal requirements as a social agreement, to respond to global and regional environmental challenges within the framework of the modified ecological function of the state.
Nadiia Bahai
Journal of Vasyl Stefanyk Precarpathian National University, Volume 5; doi:10.15330/jpnu.5.2.83-90

Abstract:The article analyzes the legislation on the production of organic agricultural products in Ukraine. Legal acts regulating the relationships in the sphere of production and circulation of organic agricultural products (raw materials) are analyzed. The main scientific approaches to the further development of national legislation on the production of organic agricultural products are investigated. The article formulates the suggestions on the improvement of legal regulation of organic production in Ukraine as well as on the adaptation of Ukrainian legislation on the production of organic agricultural products (raw materials) to the EU legislation.
Tetyana Kovalchuk
Journal of Vasyl Stefanyk Precarpathian National University, Volume 5; doi:10.15330/jpnu.5.2.115-121

Abstract:The article is devoted to the concept and legal features of legal regime of solid domestic waste landfills, including legal relationship in the field of land remediation of solid domestic waste landfills after their termination. Basing on analysis of the special literature and the current legislation of Ukraine it is proposed to make amendments to the current Land Code of Ukraine, which enables to realize the goals and tasks of the modern state, regional, local, and objective environmental policy in practice.
Lesia Danyliuk
Journal of Vasyl Stefanyk Precarpathian National University, Volume 5; doi:10.15330/jpnu.5.2.99-106

Abstract:The article studies the notion of the river basin principle of water resources management, its meaning, its legal definition in the EU directives, the particular aspects of its implementation in Ukraine, and its overall importance in terms of water quality and management of water resources, including the marine environment. It is determined that the river basin principle of water resources management is one of the key matters of the EU environmental policy and is a topical issue for Ukraine in the process of European integration. Essentially, the river basin principle of water resources management is defined as integrated management within a river basin district. It is concluded that this principle is one of the main components of integrated management of water resources and is, in fact, the basis of the integrated approach to such management.
Ihor Myronenko
Journal of Vasyl Stefanyk Precarpathian National University, Volume 5; doi:10.15330/jpnu.5.2.130-136

Abstract:The article is devoted to some questions of the legal adjusting of neighbourliness relations. Neighbourly water use should be defined as the use of water resources aimed at meeting the needs of owners or tenants of neighbouring land parcels. The regulation of neighbourly water use has historically been an inseparable part of neighbour law. Regulations of this kind were contained in many historically significant Ukrainian legal documents, including “The Statutes of the Grand Duchy of Lithuania”. Currently, the regulation of the use of water resources mainly comes under the sphere of public law. Consequently, the current Land Code of Ukraine does not contain regulations of this kind. Nevertheless, a study of international legislation and regulation policies on neighbourly relations emphasizes the necessity to legislate on the private aspects of neighbourly water use. The findings of the study has made it possible to formulate the proposals aimed at improving the current legislation on this issue.
Zoryana Yaremak
Journal of Vasyl Stefanyk Precarpathian National University, Volume 5; doi:10.15330/jpnu.5.2.190-197

Abstract:The article studies environmental conflict and identifies it as a specific socio-legal phenomenon – legal environmental conflict - on the basis of the suggested unified approach to understanding its nature. It is confirmed that legal conflict has to be studied in terms of the inseparable unity of its social basis and legal nature. It is concluded that the generic features of social conflict in the process of juridization turn into features of legal nature and acquire legal character in legal conflict. The distinction is made between the notions of “legal conflict” and “legal collision”.
Svitlana Romanko
Journal of Vasyl Stefanyk Precarpathian National University, Volume 5; doi:10.15330/jpnu.5.2.137-144

Abstract:Environmental tax in general is one of the state's instruments in environmental protection and financing of the environmental protection measures. The purpose of the tax is to encourage business entities to reduce emissions / discharges of pollutants into the air / water bodies, to establish direct dependence of the amount of tax deductions on the degree of negative impact on the environment, mobilization of funds to budgets of different levels in order to finance the costs of protection and rational use of natural resources. This article examines and compares with Ukraine and EU countries the experience, rates and background policies of the carbon taxation. The carbon tax as an environmental tax with a significant effect on economic and legal incentives for business entities and state authorities to fulfill the policy of energy efficiency, energy saving and energy transition to renewable energy sources what is coincided with the mitigation of greenhouse gas emissions and achievement of National Determined Contributions according to the Paris Agreement and Kyoto Protocol. The main issue is that rate of carbon tax, used nowadays in Ukraine is not being sufficient to provide the energy transition of country economy to the less consuming model according the examples from Germany, Netherlands, Finland and other countries of Europe. Interconnected linkage between carbon tax, energy and climate policy is proven in the article along with mechanisms of economic, political and environmental peculiarities and benefits of the carbon taxation regulation improvement in national legislation.
Nataliia Malysheva
Journal of Vasyl Stefanyk Precarpathian National University, Volume 5; doi:10.15330/jpnu.5.2.17-24

Abstract:The article shows the necessity of the newest vector of environmental law development, connected with the expansion of its spatial base to the near-Earth outer space. The historical context of the problem is being investigated, beginning with the first UN treaties on outer space. The gradual penetration of certain principles, provisions and requirements for the environmental safety of space activities into the national space and environmental legislation of space faring countries is analyzed. Taking into account foreign experience, the ways of the Ukrainian environmental law development with regard to involve outer space in the sphere of its protection are outlined.
Hasrat Arjjumend
Journal of Vasyl Stefanyk Precarpathian National University, Volume 5; doi:10.15330/jpnu.5.2.67-82

Abstract:The Nagoya Protocol on Access and Benefit Sharing (ABS) provides for the rights of Indigenous people and local communities in accordance with United Nations Declaration of Rights of Indigenous People. The Parties are obliged to take legislative, administrative and technical measures to recognize, respect and support/ensure the customary laws & institutions and community protocols of Indigenous peoples and local communities (ILCs). Within the ambit of contemporary debates encompassing Indigenous peoples’ right to self-determination, this paper examines the effectiveness of international law (i.e. Nagoya Protocol) to influence existing or evolving domestic laws, policies or administrative measures of Parties on access and benefit sharing. Through opinion surveys of Indigenous organizations and national authorities of CBD’s Parties, the findings indicate that the space, recognition and respect created in existing or evolving domestic ABS measures for rights of Indigenous communities are too inadequate to effectively implement the statutory provisions related to customary laws & institutions and community protocols, as envisaged in Nagoya Protocol. As the bio-cultural rights of Indigenous people are key to conservation and sustainable use of biodiversity, the domestic ABS laws need reorientation to be sufficiently effective in translating the spirit of international ABS laws into domestic policies.
Mariya Vashchyshyn
Journal of Vasyl Stefanyk Precarpathian National University, Volume 5; doi:10.15330/jpnu.5.2.170-177

Abstract:The article analyzes the importance of the Framework Convention on the Protection and Sustainable Development of the Carpathians of 2003 (Carpathian Convention). Carpathian Convention created favourable conditions for the conservation of landscapes and biological diversity of mountain ecosystems of the Carpathian region. Carpathian Convention is a framework instrument, in other words, it determines the general principles concerning the solution of environmental, social and economic problems of the region. The Protocol on Conservation and Sustainable Use of Biological and Landscape Diversity to the Framework Convention on the Protection and Sustainable Development of the Carpathians has been analyzed. The advantages of international cooperation of the countries of the Carpathian region in achieving a common comprehensive result – conservation of biodiversity and improvement of social and economic level of the region and its inhabitants on the grounds of sustainable development have been defined. Carpathian Convention coordinates the economic needs with the social and environmental protection, promotes the conservation of the unique and authentic cultural and natural heritage of the Carpathian ecoregion for present and future generations. Framework Convention on the Protection and Sustainable Development of the Carpathians provides the creation of the Carpathian ecological network as a type of ecological networks at the sub-regional level, which is a part of the Pan-European ecological network. Ukraine consistently follows the bilateral and multilateral agreements, concluded with neighboring countries, concerning the protection of the environment and is involved in the creation of cross-border elements of the national ecological network. The peculiarities of the Carpathian network of protected areas have been considered. The Carpathian network of protected areas is a special form of international cooperation in environmental protection, which consists in determining by the Conference of the Parties to the Carpathian Convention the list of protected areas and in approving of regulations about them. The Conference of the Parties to the Carpathian Convention encourages the administrations of these protected areas to participate actively in international cooperation and exchange of experience in the field of the conservation of the unique biological and landscape diversity, and to reduce the negative impact on the environment of the region of the Ukrainian Carpathians. The author proves that the Carpathian Convention, except the traditional approaches concerning the protection of separate areas and species, recognizes the necessity of a broader approach to the conservation of nature. Parties to the Carpathian Convention are obliged to improve the conservation and sustainable management on the areas that are outside of protected areas, with the help of the ecosystem approach. Such an ecosystem approach to the sustainable management is applied to...
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