Vashchyshyn M. The National Ecological Network as an Object of Legal Regulation

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0522U100032

Applicant for

Specialization

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

23-12-2021

Specialized Academic Board

Д 26.004.16

National University of Life and Environmental Sciences of Ukraine

Essay

The legal aspects of the formation and functioning of the ecological network of Ukraine has been investigated. The legal nature and characteristics of the national ecological network have been revealed. The thesis analyzes constitutional principles, regulatory levels, sectoral and institutional principles of legal regulation of relations in the field of formation, sustainable use and preservation of the national ecological network. The general theoretical aspects of the definition and structural elements of the ecological network of Ukraine as an object of legal regulation have been investigated. The systemic connections between the structural elements of the national ecological network have been determined. The ecological network is considered as an unique inter-sectoral and integrated object of legal regulation, which has a dynamic, complex and systemic nature. The program frameworks of national ecological network establishment are reflected in its goals and objectives, which are determined on the basis of the international legal standards for environmental protection by the needs of its degradation prevention and the search for effective mechanisms for natural restoration of the environment. It is proved that the main general ecological goals of the national ecological network are to support the functioning of ecosystems and promote the sustainable use of natural resources. Special ecological networkgoals include overcoming the fragmentation of ecosystems and ensuring the re-naturalization of damaged areas. It has been proved that the modern axiological significance of the ecological network is enriched with the ability to be an effective tool in a set of measures to prevent global warming. In this context, the actual goal of the national ecological network is to form the prerequisites for achieving climate neutrality in Ukraine. It is concluded that the main tasks of the modern climatological strategy of Ukraine, which can be most effectively achieved by ecological network means, are the preservation of steppe, meadow, forest and wetland ecosystems as key and connecting territories of the national ecological network, ensuring their buffering from the outside, as well as the protection of virgin forests and afforestation of degraded and unproductive lands as a form of re-naturalization of regenerated territories of the national ecological network. The organizational and legal mechanism of formation, sustainable use and preservation of the national ecological network is considered as a set of means and tools: law-making, institutional, organizational, functional, information. The effectiveness of an integrated ecological network form of environmental protection as an effective mechanism for the preservation and reproduction of the constituent elements of the ecological network has been substantiated, which allows the sustainable use of natural resources; provides re-naturalization of degraded areas; guarantees the improvement of natural resource potential; promotes the development of ecosystem services, in particular, eco-tourism. A detailed description of the organizational and legal grounds and practical aspects of the formation and functioning of the national eco-network of Ukraine has been carried out. The features of the legal regime of structural elements (key, connecting, buffer and recovered territories) of the national ecological network of Ukraine have been determined. The main trends in the development of the national legislation on the ecological network have been determined, and proposals for the formation of the concept of the national ecological network as a strategy for environmental management have been substantiated

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