Zhydan O. Legal Regime of Swamps in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U002353

Applicant for

Specialization

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

22-04-2019

Specialized Academic Board

К 26.004.16

National University of Life and Environmental Sciences of Ukraine

Essay

In the dissertation research the complex study of the legal regime of swamps in Ukraine has been carried out. Author's definition of concepts «legal regime of marshes», «natural resources of swamps» and «legal protection of marshes» is offered. The main periods of the formation of legal regulation in the field of development, use and protection of swamps are analyzed and singled out: the first is land law (1019–1782 years), the second – nature reserve (1782–1917 years), the third – nature reserve and partly nature conservation (1917–1990), the fourth – nature protection, ecosystem. It is argued that peculiarities of mires as complex objects of ecological law are their characteristic features: natural (specific hydrological regime, unity of natural components, mineral resources, first of all, peat, organic substances, elements of flora and fauna) and legal (own special legal regime). The author concludes that the swamp can be defined as a holistic natural-territorial complex, which arises and develops in conditions of constant or periodic abundance of moisture and oxygen deficit, is characterized by inhibited metabolism of substances and, as a rule, accumulation of peat and unites on a certain land interactions the natural components are water, peat, flora and fauna. The legal basis for the use of marshes, in particular, property rights, lease and permanent use of marshes, is considered. Investigated organizational and legal measures to protect swamps. The peculiarities of public administration in the field of the use and protection of swamps and bringing to legal responsibility for violation of their legal regime are revealed. As a result of the study, the authors formulated their own scientific conclusions, recommendations and proposals for improving legislation in the areas of use, reproduction and protection of swamps. The interrelated hierarchical system of legislative regulation of this sphere, which should be formed at the following levels: landscape, environment protection legislation; land legislation; environmental legislation (legislation on the ecological network); natural resources legislation; special legislation on the use and protection of mires. The necessity of development and adoption is proved: 1) Provisions on the protection and use of marshes in Ukraine; 2) Methods for determining the amount of damage caused to the state as a result of violation of the requirements for the use and protection of mires, which should take into account the specificity of mires as independent natural objects and the features of violations of their legal regime.

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