Tolkachenko О. Legal protection of the green plantings in the settlements of Ukraine

Research object: relations, arising up relatively creation, use and guard of the green planting in settlements. Research purpose: ground of new positions and conclusions in relation to the legal safeguard of the green planting in the settlements of Ukraine, determination of ways of perfection of current legislation of Ukraine in this sphere and increase of efficiency of his application. Research methods: historical legal, logical legal, comparative legal, complex analysis and synthesis. Theoretical and practical value: the questions of legal safeguard of the green planting are systematized in the settlements of Ukraine and new theoretical and applied positions are grounded on the basis of complex and system research of questions in this sphere. Stopped a gap in science of ecolaw in relation to the legal safeguard of the green planting in the settlements of Ukraine; utillized during perfection of current legislation of Ukraine. It is utillized in practical activity of State administration of guard of natural environment in the Odessa area of Ministry of guard of natural environment of Ukraine and LTD "Vigolin-Mistral"; in the educational process of the Odessa national university of the name of I.I. Mechnikov Departments of education and science of Ukraine, State higher educational establishment Institute of higher the "Zaporozhia national university" of Departments of education and science of Ukraine. Scientific novelty: certainly, that the green planting of settlements of Ukraine are vegetable resources which do not belong to the forest fund of Ukraine. In the field of town-planning activity they are examined as objects of green fund, and also as elements architectonically to spatial composition of building and elements of equipping with modern amenities of territory. Connection between concepts "Object of equipping with modern amenities of green economy" and "object of planting of greenery is investigational". Classification of the green planting is offered and the functions of the green planting are certain in settlements. A concept and features of legal relationships is certain in the field of guard of the green planting in settlements, circle of subjects in this sphere, maintenance of their rights and duties is investigational. Theoretical positions and norms of current legislation are analysed in relation to an ecological management in the field of guard of the green planting in settlements, his kinds and functions are investigational. Grounds and types of legal responsibility are specified, determination of harm is offered, legal mode of guard of the green planting caused violation in settlements, formulated suggestion in relation to perfection of legislation in it to the sphere. Sphere of the use: subjects of initiation of bill; subjects of menage; higher educational establishments.