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MAIN PAGE > Journal "Legal Studies" > Rubric "Human and environment"
Human and environment
Babin B. - Legal guarantees of treatment of Cetaceans in Ukraine pp. 41-55

DOI:
10.7256/2305-9699.2013.7.8895

Abstract: The article discusses the problems regarding procedural regulation of use of marine mammals in Ukraine.  Taking the Cetaceans (Whales) as an example, the author shows use and interaction of international acts on environmental protection and national legislation, and bylaws in this sphere.  It is proven that the goals of environmental protection and economic legal regulation in this sphere are being corrected within the framework of the principle of humane treatment of animals.  The authors shows contradictory meaning of the Rules and norms on treatment of dolphins in captivity, which were adopted in 2012 by an Order of the Ministry of Environment and Natural Resources of Ukraine.  It is shown that legal reaction to the development of dolphinariums in Ukraine is due to a number of factors.  It is shown that due to commercial success of dolphinariums it is unlikely that there shall be a prohibition or considerable limitation of their activities due to the need to guarantee comfortable captivity conditions for dolphins.   It is also proven that the perspectives of practical implementation of the Rules and norms on treatment of dolphins in captivity of 2012 till 2015 are ambiguous, taking into account factual lack of control over the activities of dolphinariums and their development in Ukraine before these Rules were adopted.  The Rules as such are formally in conformity with the Agreement on the Conservation of Cetaceans in the Black Sea, Mediterranean Sea and Contiguous Atlantic Area of 1996, however, the Rules contradict the requirements viewed as a complex, since they legalize commercial activities of dolphinariums and support the growth of commercial demand for the capture. The article discusses the problems regarding procedural regulation of use of marine mammals in Ukraine.  Taking the Cetacea (Whales) as an example, the author shows use and interaction of international acts on environmental protection and national legislation, and bylaws in this sphere.  It is proven that the goals of environmental protection and economic legal regulation in thi s sphere are being corrected within the framework of the principle of humane treatment of animals.  The authors shows contradictory meaning of the Rules and norms on treatment of dolphines in captivity, which were adopted in 2012 by an Order of the Ministry of Environment and Natural Resources of Ukraine.  It is shown that legal reaction to the development of dolphinariums in Ukraine is due to a number of factors.  It is shown that due to commercial success of dolphinariums it is unlikely that there shall be a prohibition or considerable limitation of their activities due to the need to guarantee comfortable captivity conditions for dolphines.   It is also proven that the perspectives of practical implementation of the Rules and norms on treatment of dolphines in captivity of 2012 till 2015 are ambiguous, taking into account factual lack of control over the activities of dolphinariums and their development in Ukraine before these Rules were adopted.  The Rules as such are formally in conformity withthe Agreement on the Concervation of Cetaceans in the Black Sea, Mediterranean Sea and Contiguous Atlantic Area of 1996, however, the Rules contradic the requirements viewed as a complex, since they legalize commercial activities of delphinariums and support the growth of commercial demand for the capture. 
Averina K.N. - Specific features of land relations in the Scandinavian states. pp. 47-77

DOI:
10.7256/2305-9699.2014.2.10963

Abstract: The article concerns specific features of land relations in Iceland, Norway, Findland and Sweden presented via the analysis of the legislative norms on registration of titles to land, and comparative analysis of types of titles and rights to land. Additionally, attention is paid to the land use categories with due regard to the specificities and main characteristic features of the Scandinavian states. Additionally to the analysis of legislative norms of the said states, the article presents materials on the size of their territory and structure of land funds, as well as the tendencies of development of the proprietary rights in Fennoscandian states.  Denmark, Iceland, Norway and Sweden are traditionally recognized as Scandinavian states. Finland is not a Scandinavian state due to its geographic situation outside the Scandinavian peninsula and its language, however, attention is paid to the land relations in Finland, since this state is traditionally regarded as being part of the Scandinavian economic and cultural territory. Based upon the analysis of legislative norms of such Scandinavian states as Iceland, Norway, Finland and Sweden, the author analyzes the institution of proprietary rights to the land plots.  The author also discusses the main tendencies of development of the land legislation of the above-mentioned states. It is typical for all of these states that the rules for certain types of land use are regulated by the sources, which also regulate the relevant types of activity, and it is noted that the system of such sources is unique for each of these states due to their international economic specialization and traditions in the use of land resources.
Stepanenko V.S. - The prerequisites and specific features of criminal law prohibitions in the sphere of violations of requirements on waste in European and Russian law. pp. 110-134

DOI:
10.7256/2305-9699.2013.4.649

Abstract: Strengthening social and environmental crisis, and the growth of environmental crimes in all states and regions worries specialists in many scientific and practical spheres - lawyers, environmentalists, economists, politicians, and society as a whole.  Unfortunately, the crime does not stay the same, the new threats, the social spheres are widening, including environmental - social ones, and they are influenced by crimes encroaching upon environment and its components, the scale of harm to natural resources and objects is growing, as well as the number of violations of environmental rights of people and interests of businesses and states. Specialized literature, mass media and analytical documents of late years refer to worsening of situation regarding treating various types of waste: dangerous, common, construction, radioactive. All of these circumstances fall within the scope of interests of specialists in criminal law and forensiс sciences, who are striving to develop necessary measures against the violations of treatment of waste and downsizing its negative influence  upon the environment and human health.  Such measures include criminal administrative responsibility, legislative provisions  on compensation of damage to environment, prophylactic measures against violations of norms on waste.
Khannanova T.R. - Topical problems of objectivization of the state agricultural policy. pp. 164-193

DOI:
10.7256/2305-9699.2013.8.9204

Abstract: Quality and efficiency of the state agricultural policy are defined by its correspondence to the nature of agricultural economy and its objective situation. Due to this fact  the priority goal of the state is to guarantee the symbiosis between subjective and objective elements, elimination of contradictions between them, departure from the negative attitude to natural elements of agricultural economy. Objectivization of agricultural policy of a state as a result of its activities in the sphere of agricultural economy is regards as a process of cognition of objective natural and social patterns.  The modern challenges require the presence of political interest of a state towards the problems of agricultural sector development, and it should be objectivated into growing efficiency and sustainability of agricultural production, as well as improvement of the living standard of people residing in rural areas.  The article includes references to most topical problems regarded objectivization of agricultural policy of a state, as well as the ways to overcome these problems.  The agricultural policy of a state should be renewed and it should become a reliable instrument in hands of state and civil society for the sake of agricultural development, provision of a constructive active impulse for agricultural production.  The state agricultural policy plays an important role in achieving efficient and sustainable agricultural production, and its value should be duly recognized.
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