The goals and objectives of the referendum were supported by politicians and public figures.

At the same time, administrative-territorial units (except for the cities of Kyiv and Sevastopol) are not endowed with their own legal status. According to the Constitution of Ukraine, it is endowed with executive bodies of state power represented by state administrations in the respective territory and representative and executive bodies of local self-government in Ukraine (Articles 118, 119, 140 and 141 of the Constitution). The system of administrative-territorial organization also includes the Autonomous Republic of Crimea, which is an integral part of Ukraine (Articles 133 and 134 of the Constitution).

As Ukraine does not include other states, it has a single national system of legislation, a single legislative body – the Parliament of Ukraine, a single system of executive bodies, judiciary, a single citizenship, a single monetary, tax system and so on.

Conclusions

Thus, according to the form of government, Ukraine is a republic (Article 5 of the Constitution). Its main feature, in contrast to the monarchy, is the election and changeability of the head of state. Other features include: refusal to exercise state power on the basis of inheritance; formation of state bodies on the basis of combining the interests of state power and the inviolability of civil liberties; formation of these bodies through free elections for a limited period of validity determined by the Constitution.

The republican form of government is directly related to democracy as freedom for all, and democracy in turn is inherent in the republic.

There reliable lab report writing service are two types of republic – presidential and parliamentary.

The first is characterized by the fact that it combines the powers of the head of state and the head of government in one hand, electing the president by direct or indirect elections and forming the government in a non-parliamentary way.

In the second, the system of supreme bodies of state power is based on the principle of the supremacy of parliament, which forms the government and controls its activities.

There are also mixed forms of government: parliamentary-presidential and presidential-parliamentary. Among the latter is Ukraine.

The specificity of the semi-presidential republic in Ukraine is that the Constitution provides for strong presidential power in combination with certain features of the parliamentary republic, including parliamentary consent to the appointment of the Prime Minister of Ukraine, control over government activities (paragraphs 12 and 13 of Article 85). Constitution), the possibility of dissolving the Verkhovna Rada by the President of Ukraine (Part 2 of Article 90 of the Constitution).

Used literature:

Constitution of Ukraine. – K., 1996. Constitutional law of Ukraine. Manual. – K., 2003. Fundamentals of jurisprudence. – K., 2001.

09/21/2010

Environmental legislation and the legislative system of environmental protection

The effectiveness of management in the field of environmental protection, use of natural resources and environmental safety directly depends on the quality of its legal support

Stability of environmental legislation; absence of gaps in it and complexity of coverage of the subject of legal regulation; the existence of a clear environmental policy at all levels of government and a well-established structure of state bodies that carry out environmental management as a whole or its individual aspects; efficiency of law enforcement activities – these and other factors affect the state’s ability to solve existing environmental problems and prevent new ones.

Unfortunately, given the current state of development of environmental management relations, it is safe to say that most of these factors have not yet been adequately reflected in national legislation or are declarative in nature.

In 2003, based on the Decision of the National Security and Defense Council of Ukraine of June 6, 2003 “On urgent measures to improve the efficiency of subsoil use in Ukraine”, the President of Ukraine concluded the inefficiency of public administration in the field of environmental protection, serious shortcomings in this area. which leads to irrational use of natural resources and has a negative impact on the natural environment. In view of this, the Decree of the President of Ukraine “On the Decision of the National Security and Defense Council of Ukraine of June 6, 2003” On Urgent Measures to Improve the Efficiency of Subsoil Use in Ukraine “invited the Cabinet of Ministers of Ukraine to submit proposals to increase the efficiency of state regulation.subsoil use by establishing the Ministry of Ecology of Ukraine and the State Committee of Natural Resources of Ukraine on the basis of the Ministry of Ecology and Natural Resources of Ukraine On July 15, 2003, by the Decree of the President of Ukraine, V. Ya. Shevchuk was appointed Minister of Ecology of Ukraine.Polyakova SV

Thus, a non-existent ministry was appointed Minister. Only on September 15, 2003 the Presidential Decree “On measures to improve the efficiency of public administration in the field of environmental protection and use of natural resources” made a formal decision to reorganize the Ministry of Ecology and Natural Resources of Ukraine into the Ministry of Environmental Protection of Ukraine and the State Committee for Natural Resources Of Ukraine. And after that, a new reappointment of the minister to a new position was carried out in a hurry.

The modern mechanism of organizational and legal support of sustainable nature management and environmental protection should be based on the cooperation of state bodies and citizens with the transfer of the burden of solving environmental problems to the owner of the source of their occurrence. This approach is most in line with the objectives of integrated environmental management and aims to achieve environmental policy goals with the greatest efficiency.

Unbalanced changes in the system of environmental management, on the contrary, can lead to increased social tensions in society, reduce the confidence of the environmental community and citizens in the actions of public authorities. For example, in the Russian Federation, a large part of the public was provoked by the Decree of the President of Russia of May 17, 2000 “On the structure of federal authorities.” According to this Decree, the only federal agency that carried out environmental protection and control over compliance with environmental legislation, the State Committee for Environmental Protection, ceased to exist. At the same time, the structure responsible for forest protection, the Federal Forestry Service, was liquidated. The powers of these agencies were transferred to the Ministry of Natural Resources of Russia.

Such a reorganization essentially meant that the protection of the natural environment should be handled by an agency whose very existence is based on the exploitation of natural resources. Following the signing of the Decree, the Government and the President of Russia received a significant number of letters from deputies of various levels, governors, leaders of public organizations, and representatives of science with negative assessments of these changes. After all these appeals went unanswered, Russian environmental, human rights, and social NGOs initiated an all-Russian referendum to restore an independent state oversight body.

The goals and objectives of the referendum were supported by politicians and public figures. According to the Russian newspaper Berehynia, more than one and a half million Russians supported the idea of ​​holding a referendum between July 25 (the day of registration of initiative groups) and the end of September 2000.

The most studied in environmental law is the classification of environmental management depending on the subjects and its division into state, public, industrial. Although some scholars generally consider the government’s activities in the field of ecology only as the activities of the executive branch, this view cannot be accepted because, according to current legislation, certain powers in the field of environmental management are also vested in citizens and public organizations … , institutions, organizations of various forms of ownership.

In particular, Art. 9 of the Law of Ukraine “On Environmental Protection” gives certain managerial powers in the field of ecology of citizens (obtaining in the prescribed manner complete and accurate information about the environment and its impact on public health; participation in public environmental expertise; obtaining environmental education). Further development of this provision in Art. 21 “Powers of public associations in the field of environmental protection” of the above Law, the placement of which in the section “Powers of government agencies in the field of environmental protection” indicates the legislator’s allocation of this type of environmental management as public.

The legislation of Ukraine also defines another type of environmental management – industrial environmental management. In particular, in Art. 29 of the Law of Ukraine “On Atmospheric Air Protection” refers to production control over air protection: “Industrial control over air protection is carried out by enterprises, institutions, organizations and citizens – business entities in the course of their economic and other activities, if it performs harmful effects on the air “. Given that control is one of the most important functions of management, and the detection of violations involves the adoption of a set of management decisions, we can conclude that there is a production environmental management. St. 12 of the Law of Ukraine “On Nature Reserve Fund” – “Management of territories and objects of nature reserve fund” – in paragraph 4 already more specifically states that “management of territories and objects of nature reserve fund, for which are not created special administrations, carried out by enterprises, institutions and organizations in charge of these territories and objects. “