Kim G. The legal regime of flora objects included in the Green book of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U006082

Applicant for

Specialization

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

11-12-2017

Specialized Academic Board

Д 64.086.04

Essay

The manuscript analyzed and highlighted the major periods of research and development of regulatory and legal frameworks in the areas of use, reproduction, ownership and protection of flora objects, included in the Green Book of Ukraine. Is determined concept of the legal regime of flora objects, included in the Green Book of Ukraine is defined, which is a certain order of legal regulation of the use, reproduction, ownership and protection of flora objects, included in the Green Book of Ukraine, provided by a combination of methods (obligations and prohibitions as dominant), mainly an imperative method of legal regulation and a specially permitted type of legal regulation. The design of "reproduction of flora objects registered in the Green Book of Ukraine" is proposed. The existence of a separate institute of floristic law, the institute of the legal regime of objects of the plant world, included in the Green Book of Ukraine, which is referred to the regulatory, material, branch institutes, is substantiated. The proved to develop and passing of: a) the Law of Ukraine "On the Green Book of Ukraine"; b) the rate for calculating the amount of damage caused to flora objects listed in the Green Book of Ukraine, as well as damage (clogging, contamination) or deterioration, destruction of their growth territories; c) Regulations on the National Commission for the Green Book. It is argued that the peculiarities of the flora objects, included in the Green Book. Is improving the theoretical position concerning the signs of common use of flora objects included in the Green Book, the main features of the special use of the objects under investigation are proposed. The classification of legal regimes of flora objects is proposed. Proposals on the classification of measures for the protection of flora objects included in the Green Book of Ukraine have been developed, which are divided into: (1) the main ones and (2) special. The work proposes an interpretation of the principles of the Green Book of Ukraine and the development of a list of measures for reproduction of flora objects, included in the Green Book of Ukraine. Based on the research of the current domestic, international and European legislation regulating public relations regarding the legal regulation of the use of the flora, as well as the doctrinal approaches available in science, proposals are substantiated aimed at improving the environmental legislation of Ukraine in the field of use, reproduction, belonging and protection of objects included in the Green Book of Ukraine. These proposals, as well as formulated recommendations of an applied nature, determine the practical significance of the results of the study. Generally, in the thesis scientific tasks on the complex development of theoretical and practical problems of the legal regime of flora objects, included in the Green Book of Ukraine are solved. The author's definition of the legal construct "objects of the plant world, included in the Green Book of Ukraine" was formulated.

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