Yevstihnieiev A. Problems of legal provision of ecological safety in the field of special natural resourсes usage in Ukraine

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0519U000445

Applicant for

Specialization

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

30-05-2019

Specialized Academic Board

Д 26.236.02

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

It was established that the first special problems of the legal regulation of the natural resources use impact on the population were held in Ukraine by a representative of the Taras Shevchenko Kyiv State University Volodymyr Muntyan in the 60-th - 80-th years of the XX century in the intersection, associated with legal protection of environment. It was found out that the research of the scientist during the mentioned period is an example of evolution of the scientific concept of «rational use of natural resources» and «legal protection of environment» in the part of increasing attention to the legal provision of a safe environment for human existence, which has acquired negative qualitative properties due to inappropriate consumption of natural resources during its special use. The author analyzes the literature and law sources, identifies legal features and formulates the concept of environmental safety of special use of natural resources, studies the structure of legal relations in the relevant field, identifies the features of legal risk as a prerequisite and legal fact, which is associated with the emergence, change and termination of such legal relationships. the composition of the legal relationship of environmental safety during the acquisition and implementation of the right of special use of nature, which includes: 1). entities that should be recognized: a) the relevant applicant and environmental user (individual or legal entity); b) persons authorized to use certain means of ensuring environmental safety within such relationships at the stage of issuing permits and in the exercise of environmental management on their basis; c) individuals, the right of which of the rights to environmental safety may be violated in the exercise of such nature use; 2). objects: (a) the environment in terms of properties that may be dangerous to human life and health, b) environmental safety as an objective category (environment), c) human life and health); 3). content (rights and obligations of subjects); 4). the grounds for the emergence, change and termination (environmental risk and other legal facts and its groups).

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