Purpose. To enhance the quality of Ukrainian legislation by improving the legal framework of public administration in the field of environmental regulation of mining in Ukraine. Methodology. The authors used comparative and legal, historical, systemic, structural and functional, formal and logical, and dialectical research methods. The need to use an integrated research method is emphasized. Findings. The authors investigated two problems actualized by the so-called Adani Syndrome: 1. The criteria for assessing the impact on the environment and their legal force. 2. The legal framework governing the rights of the owner, the state and the public. The above problems were studied in comparison with the legal support of environmental regulation of mining in Ukraine. Originality. The experience of environmental regulation of mining in Australia is analyzed on the example of the conflict over the Carmichael mine project, resulting in disclosing the current state of Ukrainian legislation in this area. The directions of improving the legal foundations of public administration in the field of environmental regulation of mining in Ukraine have been brought up for discussion. Practical value. The use of the obtained results will make it possible to eliminate the difference between the legal support of environmental regulation of mining in developed and developing countries. The proposals have been formulated to improve the legal regulation in the area under study in terms of detailing the powers of individual governing bodies of special competence, as well as in terms of procedures for assessing the environmental impact. The formulated proposals can help to strengthen the effectiveness of the legislation in power.
Purpose. To reveal the peculiarities of the constitutional principles of equal partnership of the civil society and the state in formation of state policy of use and protection of mineral resources as objects of property of the Ukrainian people. To analyse the interaction of civil society and state, to formulate the controlling functions of civil society institutions in mineral resources usage, as well as to determine the forms of participation and control of civil society institutions in the use and protection of mineral resources. Methodology. The authors have applied the structural and functional method, as well as the comparative legal method, the historical retrospective method, the formal dogmatic method, the concrete sociological method. The authors accentuate the necessity of using the institutional research method. findings. The authors have considered the development of the civil society in Ukraine at the beginning of the 21 st century, drawing a conclusion that the civil society development is based on an essentially modified system of constitutional values. Every victory gained by the civil society over the state authorities' inaction is followed by new principles of interaction of the civil society and the state. It is suggested that development of the state policy in use and protection of mineral resources should be based on the anthropocosmism principle being transformed, in modern science terms, into the Mental Universe paradigm. In conformity with the anthropocosmism principle, the state is to act solely for the benefit of the man of the future, by way of all-round assurance of priority of his rights, freedoms and lawful interests in public administration activity. The property, mineral resources in particular, cannot be used to the damage of man and society. The authors have determined that the granting of supervisory powers to civil society institutions stipulates an opportunity of influencing the state policy, with the goal of protecting the lawful interests of the people as a mineral resources owner. Originality. There has been developed a system of forms for participation of civil society institutions in the use and protection of mineral resources. The forms of participation include: citizens' appeals, preparation and initiation of adoption or repeal of statutory acts, peaceful meetings to influence the decision making by authorized bodies of public administration, professional representation of society's interests in public authorities. There have been singled out basic forms of control by the civil society and its institutions over the state authorities and local self-government bodies: expertise of efficiency of decisions made by public administration; training of consultancy and expert bodies and commissions created in cooperation with the public administration, with the goal of considering the public opinion in formation of state policy in the use and protection of mineral resources; submission of expert suggestions to public administration bodies. Practical value. The results obtained ...
Objective: to identify the standards of the European Court of Human Rights on the introduction of mandatory vaccination of medical personnel from COVID-19 in conditions of pandemic.The analysis has been carried out on the Decisions of the European Court of Human Rights as for vaccination matters, which formed the legal position of the Court on its implementation by the State. These decisions were divided into groups according to the conditions in which the European Council launched mandatory vaccination: the situation, which is being ordinary, one (standard vaccination against diseases well known to medical science, where vaccines have been tested and investigated thoroughly). Another one is extraordinary situation within society and state, as well as in the world, for example, COVID-19 pandemic.The standards of the European Court of Human Rights for the introduction of mandatory vaccination of medical personnel against COVID-19 in conditions of pandemic have been identified: these measures must be provided by the State legislation which is to meet quality rule of law criteria; to pursue legitimate goal (protection of the population from COVID-19); to be necessary in democratic society. Mandatory vaccination of healthcare professionals against COVID-19 should be used if the goal of protecting the population from COVID-19 cannot be achieved in other ways. Mandatory vaccination of medical personnel against COVID-19 is not the same as forced vaccination. The medical employee chooses whether to be vaccinated against COVID-19 or not according to his own views, values, no matter how irrational, unreasonable, shortsighted they may be in the opinion of the state and other people. The state does not have the right to use forced vaccination, but may apply the following: a range of measures to clarify, persuade, encourage mandatory vaccination of medical personnel against COVID-19, which may be direct or indirect, but not violent; sanctions for refusal from mandatory vaccination of medical personnel from COVID-19 who have no contraindications (suspension from medical activities, fines, etc.).Conclusions. The data obtained in this way allow us to develop further proposals for improving legal regulation of vaccination in Member States of the Council of Europe and increase the effectiveness of ensuring the rights of medical personnel, reduce tensions within society.
In the search for optimal ways of improving the normative foundations and organizational-legal forms of human rights protection, the problem of institutional support of relevant processes is actualized. The protection of human rights is inherently linked to all public-power structures of the mechanism of state power and is possible only in the context of optimal implementation of the principles of the rule of law, separation of powers, democratic, social, rule of law. In Ukraine, in the context of constitutional modernization, the problem of improving the organizational-legal mechanism of human rights protection remains urgent. For this purpose, the Institute of the Ombudsman operates in Ukraine. Its implementation fully meets the tendencies existing in the modern democratic world and is a reaction to those conflicts and contradictions that exist in the field of human rights protection. Nevertheless, the social insecurity of certain sections of the population (children, pensioners, persons with disabilities, servicemen, migrants, internally displaced persons, ethnic minorities, persons belonging to the LGBTI community, entrepreneurs, patients and other categories of citizens) is an indicator of the relevance of the problem and the functioning of national human rights protection mechanisms, including the strengthening of the relevant oversight functions of the Ombudsman. The subject of the research is the problems of reception in the constitutional law of the basic models of organization of the Ombudsman Institute in the mechanism of functioning of the rule of law. The object of the study is the public relations that delve into the human rights protection process and the ombudsman's exclusivity in the relevant processes. The methodological basis of the study are general scientific methods, such as dialectical, comparative-legal, formal-legal, historical, and logical methods of cognition, as well as special and private-law methods. The history of development, the causes, the processes of institutionalization and constitution of the ombudsman services in the modern world, the permanent transformation of their functions and the differentiation of their specialization are evidence of the improvement of the classical system of separation of powers and the constitutional mechanism of its organization. It is argued that the functional isolation, independence, and organizational diversity of the control bodies, first of all, the Ombudsmen, is a testament to the formation of control power, the conceptual idea of which is the existence of a system of measures to ensure control over public authority.
To reveal the legal nature, forms, and methods of public control over the actions of the state power in the field of research and rational use of mineral resources. To consider the legal mechanisms which determine public control in the particular area of the activity: the protection of mineral resources from unlawful attacks by the state and other entities. Methodology. The authors used the structural and systemic methods, comparative and legal, historical and retrospective, as well as formal and dogmatic methods. Findings. The control over the actions of state power requires a broader legal approach, a clearer definition of the strategic and tactical objectives of state policy tasks to form political awareness and civic activism in the public. In the work, the authors focused on the disclosure of the legal nature and establishment of the relationship between the principles of public control over the govern ment in the field of research and rational use of mineral resources. It allowed: Clarification of the basic legal framework of public control by subordinate normative legal acts, which regulate procedural questions of basic laws, will allow to solve a number of tasks on democratization of the state administration. This allowed: 1. To clarify the basic legal framework of public control by subordinate normative legal acts, which regulate procedural ques tions of basic laws. 2. To propose legal mechanisms for the improvement of public control in order to increase the effectiveness of the activities of state authorities in the field considered. 3. To strengthen the influence of public control on the adoption of socially important decisions in the field of geological study and rational use of the mineral resources, as well as the protection of the mineral resources from unlawful encroachments by the state and other entities. Originality. The authors proposed and proved two interrelated theses: 1. The effectiveness of state authority in the field of exploration and rational use of mineral resources ensures the proper public control. 2. Insufficient development of the legal nature, forms, and methods of public control is the main cause of impunity and irre sponsible attitude of the government in the field of exploration and rational use of mineral resources. Practical value. The proper public control ensures the effectiveness of government actions in the field of research and rational use of mineral resources. The proposed mechanisms for improving public control will be used in practice. The article is of impor tance for lawyers, political scientists, public servants who specialize in monitoring the actions of government in the field of research and the rational use of mineral resources.
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