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4 result(s) for "Sirant, M"
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Legal aspects of environmental rights guarantees in the conditions of martial state in Ukraine
Purpose. To prove the need to improve the legislation of Ukraine to increase the level of implementation of environmental rights guarantees in the conditions of the martial law and to develop proposals for changes in legislation. Methodology. The comparison method indicated the insufficient imperativeness of environmental law guarantees in Ukraine. The structural-functional method allowed us to propose the introduction of a social compromise in choosing priorities for ensuring the guarantees of citizens’ rights. The method of legal analysis ‒ to indicate that war requires the integration of mechanisms of different law branches and to propose changes in the legal field. The method of assessing legal dynamics made it possible to point out the need to improve and harmonize legal provisions on ensuring guarantees of environmental rights under martial law in Ukraine. Findings. It is noted that legal norms that guarantee the environmental rights of citizens in Ukraine reduce the level of imperativeness in wartime. There is an indicated need in martial law to accelerate the adaptation of the regulatory and legal field to the requirements of the time regarding the level of imperativeness of environmental rights guarantees for citizens while strengthening the responsibilities of state institutions regarding guarantees not limited by the Laws of Ukraine. For the period of martial law, it is proposed to introduce a social compromise in choosing priorities for ensuring guarantees of citizens’ rights. It is indicated that the inadmissibility of a regulatory ban on access to environmental information, which limits the possibilities of public organizations as an instrument for guarantees of citizens’ environmental rights, is unacceptable. Originality. It is indicated that under martial law, the need to integrate mechanisms of various branches of law increases for the implementation of environmental rights guarantees. This is substantiated by proposals for the integration of mechanisms of environmental law and civil defense. Practical value. The proposed measures to improve the regulatory and legal field of Ukraine will eliminate legal uncertainty, ensure compliance with the principle of justice in judicial proceedings, and improve the implementation of guarantees of environmental law.
Organizational and legal principles of information security of enterprises in the conditions of martial law in Ukraine
Purpose. To investigate the peculiarities of organizational and legal provision of information security (IS) in the conditions of martial law (ML). To propose changes to legislative provisions to improve legal regulation in this area. To develop systematic measures to balance the rights and obligations of individuals and legal entities in the field of IS in the conditions of ML. Methodology. The general scientific and special legal methods of cognition are used: hermeneutic method allowed us to substantiate expansion of IS field; content analysis – to determine organizational principles of IS of enterprises in conditions of ML; structural and legal – to propose indicator conditions for legal norms; special-legal – to propose system of local regulatory acts for the legal provision of IS; comparative legal – to propose special legal regime for IS of enterprises. Findings. It is indicated that during the state of war, the IS field of enterprise expands significantly and becomes an element of the national security system. The peculiarities of organizational and legal support and the basic organizational principles of IS of enterprises in the conditions of ML are determined. It is proposed to introduce a special legal regime for implementation of IS of enterprises in conditions of ML and use of the state’s capabilities in this area under specified legal regime. Amendments to the articles of Special Part of Code of Ukraine on administrative offenses are proposed for effective regulatory support of the special legal regime for implementation of IS of enterprises Originality. A legal tool is proposed to limit dissemination of information about a company’s activities – the introduction of local law documents to classify information about the company’s activities during ML into category “with limited access”. Indicator conditions and additions to legislative norms are proposed. Practical value. The developed proposals, indicator conditions and additions to legislative norms will contribute to strengthening the IS of enterprises.
State policy of Ukraine in the sphere of environmental protection in the context of European integration
Purpose. To develop a systematic approach to implementation of effective state environmental and economic policy of Ukraine and develop regulatory measures to implement environmental protection policy. Methodology. The methods used are: scientific observation to form topic, purpose, objectives of the study; systematic approach to analyze EUs environmental principles and structure of environmental management bodies; analysis/synthesis to compare effectiveness of environmental policy structures; scientific abstraction to develop the structural implementation of the state environmental policy; logical analysis to predict consequences of management actions; induction/deduction for the analysis of intensity energy supply/consumption, development of management actions increasing energy efficiency; quantitative/qualitative comparison for the analysis of regulatory/legislative support for regulation of man-made environmental impact. Findings. The analysis of the state and supranational ecological policy is carried out, the efficiency of the ways of implementation of environmental protection principles is determined. The structure of the state ecological policy, which will allow increasing efficiency of decision-making on environmental protection, is developed. It is established that the state environmental policy should be comprehensive because its emergence will affect its effectiveness. Regulatory measures of ecological and economic policy in the legislative, normative and legal spheres are offered. Originality. A structural approach to environmental policy implementation is proposed, which is used for analysis in relation to the energy sector. An ecological and economic indicator of efficiency of ecological policy expenses of primary energy on unit of GDP is offered. The forecast of energy intensity of GDP for 2022 is developed. It is established that slowing down the rate of energy reduction requires strengthening regulatory measures. Practical value. The structure of environmental policy implementation can be used for systemic public administration reform. Forecasting the energy intensity of GDP and slowing down the rate of energy reduction can be used to develop regulatory measures, as energy largely determines the environmental/economic indicators in related industries.
RATIONAL NATURE MANAGEMENT AS A COMPONENT OF ENVIRONMENTAL SAFETY: ECONOMIC AND LEGAL ASPECTS
The article deals with the analysis of economic and legal aspects of rational nature management as a component of ecological safety. The ecological problems of the current state of the natural environment of the country are analyzed. It is stated that environmental security is one of the most important components of national security of Ukraine, which depends on the rational use and reproduction of natural resources. The concept of rational nature management is formulated, the concept consists in the sphere of production and scientific activity aimed at the study, development, protection and transformation of nature in order to ensure favorable conditions for human life. It was found out that the rational use of nature necessarily involves the economic and legal component, which lies in getting the most out of economic and other activities in the use of natural resources at economically reasonable costs. The concept of economic and legal mechanism of nature management is defined, which is enshrined in the system of economic and legal measures, incentives and other regulators aimed at ensuring environmental protection, environmental safety and organization of rational nature management and is based on the concept of payment for the use of natural resources, introduction of economic and legal responsibility. Proposals have been formulated as for the implementationof additional measures of fiscal regulationof nature use by Ukraine, granting tax benefits to enterprises implementing relevant environmental protection programs, insurance of environmental risks. Key words: ecological safety, rational nature use, economic and legal mechanism, legal regulation, environment, norms of law. JEL Classification К32 Formuls: 0; fig.: 0; tabl.: 3; bibl.: 23.