Publication date: 09.07.2024
Legal regulation of natural resources use in Ukraine
Introduction
The use of natural resources is an integral part of economic development and the welfare of society. Natural resources provide humanity with the necessary materials, energy and living conditions. However, their irrational use can lead to environmental degradation, loss of biodiversity and other negative consequences. Legal regulation of natural resources in Ukraine should ensure balanced and rational use of these resources, their preservation for future generations and minimization of negative environmental impact. In this article, we will analyze the main principles, regulatory framework and mechanisms of legal regulation of natural resources use in Ukraine.
Basic principles of legal regulation of natural resources use
The legal regulation of natural resources use in Ukraine is based on several basic principles aimed at ensuring the rational and efficient use of natural resources:
Theprinciple of sustainable development. Natural resources should be used in a way that does not jeopardize the ability to meet the needs of future generations.
Theprinciple of rational use. Natural resources should be used economically and efficiently, with minimal losses and maximum recovery.
Theprinciple of biodiversity conservation. The use of natural resources should not lead to the loss of biodiversity and degradation of ecosystems.
Theprinciple of harm prevention. Measures for the use of natural resources should provide for the prevention of possible negative consequences for the environment and human health.
Theprinciple of payment for natural resources use. The use of natural resources is carried out on a paid basis, which contributes to the rational use and protection of natural resources.
Theprinciple of responsibility. Persons using natural resources are responsible for the preservation and restoration of the environment, as well as for compensation for damages.
Key regulatory acts
The legal regulation of the use of natural resources in Ukraine is based on a number of regulations, among which the key ones are
TheConstitution of Ukraine. The Constitution defines the basic principles of environmental protection and rational use of natural resources, including the right of everyone to a safe environment for life and health and the obligation of the state to ensure environmental safety.
TheLaw of Ukraine "On Environmental Protection". This law is the main regulatory act governing environmental protection and rational use of natural resources, and establishes the rights and obligations of business entities and citizens in this area.
TheWater Code of Ukraine. The Code defines the legal framework for the use and protection of water resources, sets requirements for water use and protection of water bodies.
Land Code of Ukraine. The Code regulates legal relations in the field of land use and protection, establishes requirements for the rational use of land resources and their protection.
The SubsoilCode of Ukraine. The Code defines the legal basis for the use and protection of subsoil, establishes requirements for geological exploration, mining and protection of subsoil.
Forest Code of Ukraine. The Code defines the legal basis for the use and protection of forest resources, establishes requirements for forest use and protection.
TheLaw of Ukraine "On the Nature Reserve Fund of Ukraine". This law defines the legal framework for the creation, protection and use of the nature reserve fund, which includes national parks, reserves, sanctuaries and other nature protection areas.
TheLaw of Ukraine "On Waste". The law regulates waste management, sets requirements for waste collection, storage, transportation, treatment and disposal.
Mechanisms for legal regulation of natural resources use
Ukraine uses various mechanisms of legal regulation to implement its environmental policy and ensure the rational use of natural resources:
Environmental expertise. The environmental impact of business activities is assessed through environmental impact assessment, which is mandatory for projects that may have a significant impact on natural resources.
Licensing and permitting system. Activities related to the use of natural resources are subject to mandatory licensing and permits, which ensures control over compliance with environmental requirements.
Environmental control. State environmental control is carried out by specially authorized bodies that conduct inspections of compliance with the requirements of the legislation in the field of natural resources use, identify violations and impose sanctions.
Environmental payments and fees. Establishment of environmental payments and fees for the use of natural resources and environmental pollution, which stimulates the rational use and protection of natural resources.
Environmental insurance. Introduce environmental insurance to cover potential environmental damage caused by accidents or other emergencies.
Environmental education and awareness. Raising environmental awareness of the population through educational programs, seminars, trainings and information campaigns.
International cooperation. Ukraine's participation in international treaties and conventions, cooperation with other states and international organizations to address global environmental issues.
Challenges and prospects for the development of legal regulation of the use of natural resources
The legal regulation of natural resources use in Ukraine faces a number of challenges that need to be addressed and resolved to ensure an effective environmental policy:
Insufficient funding. Lack of financial resources for the implementation of environmental programs and projects, which makes it difficult to comply with the requirements of the legislation in the field of natural resources use.
Imperfect legislative framework. There is a need to improve legislation, harmonize it with international standards and requirements, and eliminate gaps and inconsistencies.
Lack of effective control mechanisms. Insufficient effectiveness of state environmental control, the need to increase liability for violations of environmental legislation.
Low level of environmental awareness. Insufficient level of environmental awareness among the population, the need for educational programs and information campaigns to raise awareness of environmental problems and ways to solve them.
Prospects for the development of legal regulation of the use of natural resources include:
Increasedfunding. Attracting additional financial resources for the implementation of environmental programs and projects, creating environmental protection funds.
Improvement of the legal framework. Improvement of legislation, harmonization with international standards and requirements, development of new regulations to address current environmental issues.
Strengtheningcontrol and responsibility. Strengthening state environmental control, introducing stricter sanctions for violations of environmental legislation, and developing mechanisms to encourage compliance.
Development of international cooperation. Intensify cooperation with other countries and international organizations to address global environmental issues, participate in international environmental projects and programs.
Raisingenvironmental awareness. Conducting educational programs, seminars, trainings and information campaigns to raise environmental awareness and form an environmental culture.
Conclusion.
Legal regulation of the use of natural resources in Ukraine is an important aspect of ensuring environmental safety, conservation of natural resources and sustainable development. It includes the regulatory framework, mechanisms for implementing environmental policy, international cooperation and measures to raise environmental awareness of the population. Effective legal regulation of the use of natural resources contributes to the protection of human health, conservation of biodiversity and high quality of life. Ensuring adequate legislative and institutional support, increasing funding, strengthening control and accountability, and developing international cooperation are key tasks for the further development of environmental policy in Ukraine. This will ensure sustainable development, conservation of natural resources and improvement of environmental quality for present and future generations.
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