Kondratiuk T. Legal Regime of Lands of National Ecological Network of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U004635

Applicant for

Specialization

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

24-10-2019

Specialized Academic Board

К 26.004.16

National University of Life and Environmental Sciences of Ukraine

Essay

It has been done an analytical review of scientific sources on the topic of the dissertation, investigated the development of international and European principles of formation and functioning of ecological network and national legislation on legal regime of lands of ecological network in the work. The doctrinal approaches of ownership of the legal institution of national ecological network have been considered and legal nature of environmental network as an object of environmentalland legal regulation has been established. The definition of a concept «lands of national ecological network of Ukraine» and peculiarities of their legal regime have been formulated. It is established that ecological network may include lands of any purpose and form of ownership and priority should be given to environmental purpose and state form of ownership. The differentiation of the legal regime of lands of the territories and objects of ecological network into general and special one has been determined. It is analysed the legal regime of lands of various structural elements of ecological network (main, connecting, buffer and recovery areas) which is characterized by means of protection and environmental restrictions on their economic use (agricultural or industrial) or prohibition of activities which can negatively affect their natural functions. The system, competence and functions of the authorities for management of lands use and protection of national environmental network have been described. The procedural and legal basis of lands inclusion in ecological network, legal regulation of planning of use of these lands and their protection, basis of economic incentive of landowners and land users to develop and support national ecological network of Ukraine have been revealed. The special attention has been paid to a study of legal liability for violation of legislation on the use and protection of lands of ecological network. The recommendations have been done to improve the provisions of land and environmental legislation on the legal regime of lands of national environmental network.

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