Purpose. To develop tools, recommendations and proposals for improving international and national law in the sphere of environmental protection during the war. Methodology. The methods used are critical analysis to establish that environmental protection during the war cannot be implemented on the basis of current legislation; analysis and synthesis in the study on the state of national environmental law (EL); system analysis in the study on the state of international EL; content analysis to study the effectiveness of the protocols of Geneva Conventions; a systematic approach to building an EL-system, including bilateral and multilateral agreements; elementary-theoretical analysis to establish the narrowing of democracy in relation to punishment for environmental damage by military means; comparison which indicates the presence of hyperbolic signs of environmental damage during hostilities; abduction that leads to the conclusion that environmental protection should be systemic, continuous and permanent. Findings. An analysis of national and international environmental law during the war was conducted. The following is indicated: the presence of gaps in the legislation and the absence of legal norms of direct effect; the need for an information system for environmental monitoring together with the implementation of a systematic approach based on subsystems: from the legal fixation of environmental damage to proposals for the adoption of legal acts. Recommendations for improving environmental law were developed. Originality. An algorithm of the decision support system for operational management actions and strategic legal regulation of environmental protection during hostilities was developed. It is established that the legal protection of the environment should be systemic, continuous, and permanent. Practical value. The proposed recommendations for improving international and national environmental law during the war can be used by lawyers and scholars. The developed algorithm of the decision support system can be applied in managerial and legal practice.
Purpose. To identify controversial and problematic provisions of the current legislation of Ukraine in the sphere of environmental protection which form the plane of legal responsibility for violations of environmental standards and norms. Methodology. The following research methods were used: the monographic method of scientific research, synthesis and analysis, the economic-statistical method, the method of detailing and concretizing the obtained results, the method of scientific-abstract systematization of results, and the graphic method of visualizing the results of scientific research. Findings. In Ukraine, a regulatory framework has been established that regulates the system of responsibility for environmental violations. Its main forms include disciplinary, administrative, civil, and criminal responsibility. It has been found that the modern environmental legislation is characterized by certain shortcomings in the identification and prosecution of persons guilty of violating the norms of existing laws. This is confirmed by the analysis of the amount of damage and losses caused to the environment, the dimensions of which are increasing annually in Ukraine. Simultaneously with the increase in the amount of damage caused, the degree of non-identification of persons who are responsible for causing damage to natural resources and the environment is increasing. The analysis of regional differences in environmental responsibility also demonstrates significant differences between the administrative regions of Ukraine in terms of the discipline of environmental responsibility. Originality. Based on the results of the conducted research, the main problematic aspects regarding legal responsibility for violations of environmental legislation in Ukraine were identified and analyzed. A need for a fundamental change in the concept of environmental responsibility for economic entities within the framework of sustainable development strategy has been identified. A gradual change in the basic principles and approaches to responsibility for violations of environmental legislation in the direction of predominance of preventive functions of environmental protection over punitive ones was proposed. Tools for possible improvement of environmental legislation were also proposed, in particular, fiscal preferences for environmentally tolerant industries, application of trade quotas for industrial enterprises that pollute the environment, harmonization of sanctions and environmental tax rates in accordance with the legislation of European countries. Practical value. The research results and proposed measures for improving the current procedures and mechanisms of legal liability for environmental offenses can be used by specialists of legal departments and services at the level of micro-management and macro-management to solve the tasks of further improvement of the current legal framework and increase the level of social responsibility of business and officials.
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.
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