Malysheva N. R., Oleshchenko V. I. Scientific Bases of the Ukrainian Environmental Legislation Systematization
This article is based on the results of own research and legislative activity, scientific discussions, analysis of the works of other scientists, experience of different countries.
This article presents a retrospective analysis of the environmental legislation of Ukraine, its current status and development trends. It is pointed out that during the independence years, basing on the native and foreign experience, a quite developed complex field of environmental legislation has been formed in Ukraine as a hierarchical system of regulatory legal acts of different regulative levels, different legal force and different scopes of regulation. This system based on the norms of the Constitution of Ukraine (1996) and of the Law «On the Protection of the Natural Environment» (1991). In modern time there are practically no subjects of the regulatory field being unregulated left. At the same time, there are major issues which arose from non-compliance of the environmental law development with the latest achievements in legal, natural and other sciences, inappropriate considering of the principles of sustainable development, complicated connections in the legal regulation of the environmental, economical and social spheres.
The close relationship between the systematization of the environmental legislation and the relevant adaptation processes of the Ukrainian legislation on environmental protection, nature conservation and environmental safety to the EU acquis communautaire, in accordance with the requirements of the Association Agreement between Ukraine and the EU, is emphasized in the article. From legal point of view, the aim of the systematization of environmental legislation is the rise of level of the complexity and applicability of the legal environmental regulation norms, their inner consistency within this field of legislation, and improvement of its inter-branch interaction in the general system of the Ukrainian legislation.
Systematization should reduce the multiplicity of legal documents, remove collisions, duplicating norms not only within this field of legislation, but also in the inter-branch contradictions, provide better harmonization with the civil, administrative, financial, tax, budget and other fields of legislation. Stimulation of more effective implementation of legislation as a very important task too.
Main principles and factors of the systematization of the environmental legislation are reflected.
The necessity of the step-by-step and complex development of the systematization of the environmental legislation in all known forms with a special accent on consolidation and codification ensuring the supremacy of the Constitution of Ukraine, the contents of the environmental norms of which is proposed to be clarified and developed, is justified. In future Environmental Code of Ukraine should play important role in the environmental legislation.
This document has to be a system-forming, combining the norms of numeral legal environmental documents on the general principles. It has to order entire system of the legal environmental regulation. It has to cover initially environmental relations, which are integrated and concern all natural resources. Herewith, it is taken into account, that legal regulation of protection, usage and renewal of the particular natural resources has its own specifics.
Therefore, these spheres should be regulated by the natural resources codes formed in compliance with the Environmental Code. The necessity of the simultaneous systematization in the fields which are especially closely linked in its subjects with the environmental one is being justified – refers to the nuclear, energy, space, urban planning legislation, the legislation concerning the protection of the inhabitants and territories in case of emergencies etc. It is also crucial to ensure the environmentalization of the other fields of legislation. The proposals on the scientific, informative, financial, institutional and other support of the systematization of the environmental legislation of Ukraine are accentuated.
On the basis of the formulated scientific bases the Concept of the systematization of the environmental legislation of Ukraine is being developed, which already passed to the respective authorities for approval and development of the works, required for it’s realization.
Key words: Systematization of Legislation, Environmental Legislation of Ukraine, Incorporation, Consolidation, Codification, Environmental code, Codes of the Natural Resources, Ecologization of Legislation.