Thesis for a candidate degree by speciality 12.00.06.- Land Law; Agricultural Law; Environmental Law; Natural Resources Law.- National Taras Shevchenko University of Kyiv, Kyiv, 2002.



The thesis is devoted to the scientific problem of improvement of the Ukrainian legislation in the field of environmentally hazardous activities regulation. The scientific goals of the thesis are: the scientific investigation of theoretical literature in law, ecology, math etc., as well as of Ukrainian legislation in the field of environmentally safety; the formulation of the scientific concept of the environmentally hazardous activities, the investigation of characteristic features of it and building up of the environmentally hazardous activities classification; the investigation of the ways to improve the Ukrainian legislation in the field of environmental safety. The structure of the thesis corresponds to its scientific goals.

The thesis consists of preface, 3 units, conclusions and list of used literature. The list of literature includes acts of Ukrainian and foreign legislation in the field of environmental safety, international environmental treaties, acts of European Union legislation, scientific publications of Ukrainian and foreign scientists in the field of law, ecology, math etc.

The preface of the thesis explains the topicality of the problem of the improvement of the Ukrainian legislation in the field of environmentally hazardous activities regulation, as well as the novelty of the problem and its practical value.

In unit one the author advances the moral aspects of the legal concept of the environmentally hazardous activities. He comes to the conclusion that environmentally hazardous activities are not protected but are restricted by the environmental law of Ukraine. On the basis of scientific investigation a new concept of the environmentally hazardous activities is formulated. It includes one or more environmentally hazardous action, that is why the concept of the environmentally hazardous action is also investigated. It is closely connected with the environmentally risk factors, so they are also discovered in this unit. The author examines what is the difference between the environmentally hazardous activities and the environmentally risky activities: environmentally hazardous activities are connected with real or potential environmental harm, but environmentally risky activities are connected only with potential environmental harm. The author discovers the characteristic features of the environmentally hazardous activities. They include: the elements (subject, object and content), legal facts of rising and cessation, legal forms, environmental hazard level etc. In this unit a scientific classification of the environmentally hazardous activities is built.

In the second unit the system of modern Ukrainian legislation in the field of environmentally hazardous activities regulation is investigated. It includes: 1) administrative restrictions (bans, normative restrictions, preservative restrictions, informational restrictions, control restrictions); 2) economical restrictions (environmental tax stimulation, environmental taxation and environmental insurance); 3) restrictions in the case of the environmental emergency; 4) the measures of legal responsibility in the case of unfulfilment of the environmental legislation. The author advances the idea that for the harmonization of Ukrainian land and environmental legislation it is necessary to provide a new land category in the Land code of Ukraine – the environmentally damaged lands. On the basis of Ukrainian legal system investigation the author comes to the conclusion that Ukrainian legislation is not enough effective in the field of environmentally hazardous activities regulation. The emphasis is made on the absence of the unified idea in the Ukrainian system of environmentally hazardous activities regulation. The author investigates the foreign and international legislation in the same field trying to find out the ways to improve Ukrainian legislation, but comes to the conclusion that foreign legislation is not so highly developed as Ukrainian legislation in the field of environmentally hazardous activities regulation.

In the third unit the author explains his own model of the legal regulation of the environmentally hazardous activities. This model depends on the level of environmental hazard. The methods of environmental hazard level evaluation are discovered. The author investigates 4 levels of environmental hazard. For the environmentally hazardous activities of each level the specific legal regime is set. The ways of implementation of the above mentioned model into the Ukrainian legislation are examined. Some propositions to improve modern Ukrainian legislation in the field of environmentally hazardous activities regulation are made.

Finally, the author comes to the conclusion, that the Ukrainian legislation in the field of environmental safety must be improved according to the scientific model of environmentally hazardous activities regulation depending on the environmental hazard level.

Key words: environmentally hazardous activities, environmental hazard, environmental risk, environmental risk factor, environmental hazard level, legal regulation of environmentally hazardous activities, legal criterion of environmental hazard level.