Panfilova D. Environmental legislation in the context of the international legal obligations of Ukraine: the problems of reformation.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U002114

Applicant for

Specialization

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

01-02-2018

Specialized Academic Board

Д 64.086.04

Essay

The complex research of environmental legislation in the context of the international legal obligations of Ukraine and the problems of it reformation has been conducted on the basis of scientific literature studying, legislative and other regulatory acts. The environmental legal conceptions and approaches to the meaning of the Ukrainian environmental legislation reformation have been analyzed and corresponded association between them and regulatory activity has been substantiated; the legal nature of international legal obligations in the context of the national environmental legislation reformation has been formulated and defined; the legal content of the notion «reformation of the environmental legislation in the context of the international legal obligations of Ukraine» has been disclosed; the special aspects of the unification of the conceptual-categorical apparatus of the environmental legislation in the context of international legal obligations of Ukraine have been revealed; the priority principles of environmental legislation reformation have been characterized and their classification has been carried out; on the basis of the comparative analyses the peculiarities of the fundamentals of reformation of the environmental legislation of Ukraine and democratic countries of the world have been revealed. The existence of such law institute as environmental legislation reformation in the context of the international legal obligations is scientifically substantiated and proved (which should be understood as a comprehensive and universal institute of environmental law, which was a set of separate and interrelated legal norms that regulated social relations in the spheres of the renovation of environmental legislation in the context of Ukraine’s international legal obligations); another way of considering environmental legislation reformation in the context of the international legal obligations is legislative institute (which should be considered as a set of interrelated precepts of law focused on regulating the reformed ecological legal relations in the context of international legal obligations under the conditions of the transitional period). The author's definition of the concept «environmental legislation reformation in the context of the international legal obligations» is formulated and it is proposed to be understood as the process of novation and conceptual amendments of the environmental legislative system in the conditions of sustainable development by applying long-term and dynamic formation of the set of legal, scientific, organizational and sociocultural measures with intent to environmental reclamation, creation of the innovative environmental legal science regulation of the legal relations and optimal system of environmental sectorial authority. On the background of the conducted research the theoretical conclusions were made, a number of problems that require the decision were outlined, and the proposals for amending the current legislation were formed, which would enable to improve the legal regulation in the sphere of reformation of environmental legislation in the context of the international legal obligations of Ukraine. The draft «The concept of environmental legislation reformation in the context of international legal obligations» has been developed.

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