Natalia R. Malysheva

Natalia R. Malysheva. European subsidiarity principle and decentralize governance in the sphere of environmental protection in Ukraine

The article is devoted to the legal analysis of the preconditions, basic directions, factors, features of realization and limits of the decentralization policy implementation in the sphere of environmental protection taking into account european principle of subsidiarity. The weaknesses of the corresponding process in Ukraine are identified and the ways to overcome them on the base of the foreign experience are proposed.
Subsidiarity as a basic principle of powers distribution in the field of the environment protection and natural resources has become a major one not only in the vertical dimension – between national, regional and local levels, but also in the horizontal dimension – between the different powers and executive agencies of general competence.

The principle of subsidiarity involves not only the decentralization of administrative powers, but also the choice of the optimal level of resolving the environmental problems based on factors connected with places of problem emerging and the extent of its distribution, which may in some cases lead to the centralization of competences.

The environmental field vectors belong to national security; because decentralization in the relevant area should be approached carefully, taking care primarily about environmental safety as the main duty of the state, but with the most comprehensive, taking into account interests of the population of a territory.

Decentralization in the sphere of environmental protection on the base of the subsidiarity principles involves not only the formal creation of structures, delegation of functions, the statutory powers, but also insuring of their implementation through financial (budgetary, tax) regulation, the availability of specialized human resources, logistical support of respective powers and other factors. The specificity of the environmental sphere is connected to the need of overcoming various kinds of conflict of interests; both public and private; environmental and economic. These factors should be considered in the process of decentralization in the relevant field, trying to find the optimal level of regulation to give preference to such levels and structural units having the capacity to ensure public environmental interests which are not associated with private or group interests.

Analysis of the European practice of decentralization in the environmental field, implemented in the EU in 80-th of XXth century, leads to taking into account the regional and local authorities in the adoption of certain environmentally significant decisions, while maintaining responsibility of the State in the field of implementation of framework ecological security agreements.

Keywords: decentralization, centralization, administrative functions, environmental protection, subsidiarity principle, European Law, controls, licensing procedures, controlling powers.

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