Constitution and policy: challenges of modern constitutional democracy Cover Image

Юридична техніка законодавчих актів у сфері охорони природи (1992–2006 рр.)
Constitution and policy: challenges of modern constitutional democracy

Author(s): O. V. Patlachuk
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Human Ecology, Environmental interactions
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: legal technology; legal protection of nature; terminology; legislative act; law-making;

Summary/Abstract: The article deals with the legal technique of legislative acts adopted in Ukraine in the period from 1992–2006 years, related to the protection of the nature reserve fund, land, air, flora and fauna. The features of legal technique are investigated by analyzing the compliance of environmental laws with the requirements of legal technology, such as legality, systemic, logical consistency, clarity, accessibility, clarity and certainty. It is established that the legal technique of the considered legislative acts in general corresponds to the general requirements of this sphere. At the same time, some normative legal acts have shortcomings in legal technique, for example, there is no preamble in the Law of Ukraine «On flora», there is no terminological apparatus in the Law of Ukraine «On fauna» and «On the nature reserve fund», presented in the form of a separate specific article. It has been found out that some of the considered laws do not fully respond the requirement of systemic, because they do not contain provisions on monitoring, state accounting and cadaster and there is no requirement for certification and standardization.On the basis of the methodology of quantitative assessment of normative - legal shows that in environmental laws there is a wide range of fluctuations in the number of sections, articles and the number of signs in the articles. It is proved that the common feature of all the considered legislative acts is the uneven distribution of material, which is the largest in the Law of Ukraine «On protection of atmospheric air». It has been established that the largest number of signs belongs to the Law «On the nature reserve fund» - 89358, the smallest on the Law of Ukraine «On fauna»- 33166.

  • Issue Year: 2019
  • Issue No: 146
  • Page Range: 37-47
  • Page Count: 11
  • Language: Ukrainian