Kalyshuk L. Legal means of environmental rights protection of citizens of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0411U001600

Applicant for

Specialization

  • 12.00.06 - 3емельне право; аграрне право; екологічне право; природоресурсне право

11-02-2011

Specialized Academic Board

Д 11.170.02

Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine

Essay

Research object: aggregate of public relations which arise up in the process of defence of ecolaws of citizens of Ukraine in number of different ways. Research purpose: development of theoretical positions and suggestions on perfection of the legal adjusting of relations in the field of application of methods of defence of ecolaws of citizens of Ukraine. Research methods: historical, comparatively-legal, legalistically-legal, system-structural, method of ascent from abstract to concrete, complex and other methods of scientific cognition. Theoretical and practical value: positions and conclusions fill a certain blank in science of ecolaw in relation to the methods of defence of ecolaws of citizens, can be utillized: in a research sphere; in the process of subsequent perfection of ecological legislation of Ukraine; for defence of ecolaws of citizens of Ukraine. Recommended for the practical use: Malinovskim by a district court Odessa in activity of court at perfection and increase of efficiency of realization of the legal proceeding in civil cases and matters of administrative jurisdiction; by the deputy of the Odessa regional soviet E.V. Smolenskim at preparation of decisions of the Odessa regional soviet on basic questions of prirodo of the use and worn-in; in the educational process of the National university the "Odessa legal academy" of MON of Ukraine and Institute of professional preparation of judges NU the "Odessa legal academy". Scientific novelty: according to the results of the research, the ecological legal remedies of environmental rights protection of the citizens of Ukraine are defined; the issues regarding the concept and content of Ukrainian citizens' environmental rights protection as well as the conditions of its emergence are considered. The author proposes a definition of the Ukrainian citizens' entitlement to environmental rights protection as well as remedies, forms, and procedure of environmental rights protection of the citizens of Ukraine. The specificities of application of certain means and remedies of environmental legal protection of the environmental rights of the citizens of Ukraine are researched into and characterized, including: recognition of environmental rights, revival of environmental rights; termination of acts that violate a right or pose a threat of such violation, restraint of certain acts that violate a right or pose a threat of such violation in the future; recognition of legal acts, acts of individual effect, acts or omissions of the bodies of state authority or local self-government, their officers or officials; compensation for damage. The propositions for the improvement of the norms of current legislation in the field of Ukrainian citizens' environmental rights protection are substantiated. Sphere of the use: subjects of initiation of bill; management subjects; higher educational establishments.

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