Rubtsova I. Administrative and legal protection of atmospheric air

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0822U100217

Applicant for

Specialization

  • 081 - Право. Право

23-12-2021

Specialized Academic Board

ДФ 26.062.013

National Aviation University

Essay

The dissertation is complex and systematic research of administrative and legal protection of atmospheric air. It is determined that the administrative and legal protection of atmospheric air is a system of legal, economic, organizational, communicative, engineering and technical, health measures carried out by authorized public administration bodies and aimed at prophylactics, prevention and termination of violations of current legislation in the studied area. It is noted that the normative-legal regulation of administrative-legal protection of atmospheric air is a system of legal norms that regulate public relations arising during the preservation, improvement, restoration of atmospheric air quality, application of atmospheric air protection measures, determine the content of state policy and powers of public administration bodies in the field of atmospheric air, etc. It was found that the subjects of administrative and legal protection of atmospheric air is a system of bodies of general and special competence, which exercise public administration powers to restore, preserve, ensure air quality and ensure the right of citizens to clean air, as well as use measures necessary to reduce the incidence of the population due to air pollution. The author highlights the features and types of subjects of atmospheric air administrative and legal protection. It is proved that air protection measures are a system of methods, techniques and means of governmental influence aimed at the activities of public and private law, which is associated with air pollution in order to improve air quality, its protection and ensuring the right of citizens to clean air. It is proposed to classify air protection measures as follows: 1) Depending on the nature of the impact: a) stimulating; b) incentive; c) economical; d) mandative; 2) Depending on the subject of application: a) the Cabinet of Ministers of Ukraine; b) the central executive body; c) local bodies of public administration; d) several entities; 3) By the subject of regulation: a) legal; b) internally defined; 4) By the circle of participants: a) individual; b) collegial; c) collective; d) combined; 5) By the subject: a) technical; b) economic; c) organizational. It is determined that preventive administrative and legal measures for air protection are a system of legal means used by entities endowed with administrative powers to prevent violations of the rules governing the relations in the air protection field.

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