Kostytsky V. Transitional ecology: the law, the state, the economy (economic and legal mechanism of environmental protection in Ukraine)

For the first time the concept of formation of economic and legal mechanism of management of the environmental protection, adapted to conditions of transformation of managing system, is proved by stirring up the processes of globalization and integration. The basic prospects of formation of the effective system of the environmental protection in Ukraine in a context of the decision of the strategic task on transition to sustainable development are outlined. For the first time the concept of economic patriotism is formulated and entered into a scientific and practical using. Major factors which have caused a current environmental situation in the country are systematized, namely: historical, political, economic, organizational and technical, legal and ethical; the general analysis of their display is given. The scientific paradigm of preservation of the environment is determined. The author deepens and develops the concept of development of the environmental law in Ukraine – «Concept of an «ecologicaltree» formulated in the previous researches. The structure of the environmental law is systematized, taking into account last changes in the current legislation and prospects of its improvement. Directions of reforming of institute of the natural resources property, determining in a control system of wildlife management, directions of increase of effectiveness of institutional subsystems of economic and legal mechanism of management of the environmental protection are proved. Mainframes which the normative base of the environmental protection should include are formulated and opened. Necessity of introduction of institute of ecological audit with its respective legal registration as systems of the independent ecological control, the estimation and consulting in sphere of legal, ecological, financial and technological aspects of the environmental protection which allows establishing priorities between economic interests of proprietors of economic activities objects and ecological interests of a society is proved. The structure of the financial mechanism of the environmental protection as a component of economic and legal mechanism of the environmental protection t is determined. The most typical tools of formation of ecological funds, forms of use of their money, directions of activity improvement, expediency of introduction of securities in the sphere of financing of the environmental protection, first of all the ecological bill, institute of ecological insurance with the certain legal maintenance are proved by acceptance of the special law, conceptual approaches to strategic directions of development of the legislation with the purpose of creation of economic and legal mechanism of regulation of public relations in « society – environment » system on the basis of ecological patriotism as a system of ecological interests of the state, and also ecological valuable instructions and ecological imperatives of a civil society.