Feloniuk D. Modern Environmental Policy of Ukraine: Legal Foundations of Institutional and Functional Support of Formation and Implementation

The thesis is dedicated to a comprehensive study of the legal foundations of institutional and functional support for the formation and implementation of modern environmental policy of Ukraine. The thorough conducted study of the legal foundations of the institutional and functional support for the formation and implementation of the national environmental policy in modern conditions enables a number of obtained conclusions and formulated proposals characterized by elements of scientific novelty. The thesis substantiates that the formation and implementation of modern environmental policy of Ukraine, taking into account the existing environmental problems of the present and the prospects for their solution in the near future and in the future, requires the existence of such a specific institutional and functional system in the country. Such a system enables effective solving the tasks of environmental protection, rational use of natural resources, preservation of the natural environment and harmonious interaction between man and nature. A theoretical and legal analysis of the content of the category «institutional and functional support for the formation and implementation of the environmental policy of Ukraine» was carried out regarding the approaches available in the scientific literature and the current domestic regulatory and legal framework. It is proposed to consider the the legal concept of «institutional and functional support for the formation and implementation of the environmental policy of Ukraine» in a broad sense namely as a system of state, non-state and supra-state institutions (entities). They can directly and / or indirectly exert influence on the formation and implementation of the state's environmental policy in the process of implementation the tasks, functions and duties assigned to them as well as the realization of their rights and powers. The leading role of the state in the regulation of the environmental sphere is emphasized. The complexity and diversity of the institutional and functional support of the current environmental policy is indicated. Its system and subject composition are investigated. The need to take into account not only the structural and institutional elements of the system, but also their functional and operational characteristics is substantiated. The system of institutional and functional support for the formation and implementation of environmental policy is considered taking into account the subject composition, directions, spheres or objects, and functional direction. It is proposed to consider the system of institutional and functional support for the formation and implementation of environmental policy in Ukraine as a logically ordered, internally organized set of state, non-state and supra-state institutions (subjects). Such entities are interconnected and interdependent in the exercise of direct and / or indirect influence on formation and implementation of the environmental policy of the state. Such institutions are characterized by peculiarities in terms of their construction and organization (territorial, branch, etc.) and functional activity (in terms of the forms of natural environmental law implementation, tempo, spheres, objects of legal protection, etc.). They are united by common goals such as ensuring the rational use and reproduction of natural resources, protection of the natural environment, and preservation of the environment, environmental safety, and compliance with the requirements of environmental legislation. Such structures are aimed at prevention of environmental offenses and protection of the environmental rights of citizens to achieve a harmonious interaction of society and nature.