Problems of Land Legislation of Ukraine and European Union Integration 20 Journal of Legal, Ethical and Regulatory Issues 2017

20 J. Legal Ethical & Regul. Isses 1 (2017)
Problems of Land Legislation of Ukraine and European Union Integration

handle is hein.journals/jnlolletl20 and id is 339 raw text is: Journal of Legal, Ethical and Regulatory Issues

PROBLEMS OF LAND LEGISLATION OF
UKRAINE AND EUROPEAN UNION INTEGRATION
Dmytro V Sannikov, Yaroslav Mudriy National Law University
ABSTRACT
One of the ways to prevent legal defects in land and legal regulation in Ukraine at
present and in the future is to ensure the adaptation of the national land legislation to the
requirements of the European Union. The implementation of the course on Ukraine's European
integration is an integral part of domestic reforms aimed at economic growth, improving the
living standards of the people, developing democracy, building a civil society, guaranteeing the
rule of law, freedom of speech, protecting human rights and freedoms and strengthening
national security. Deepening cooperation with the European Union is an important element in
strengthening stability and security in the European continent, stimulating domestic economic
and political reforms, promoting public progress and developing a socially oriented economy of
Ukraine. The signing and ratification by the Parliament of Ukraine in 2014 of the Association
Agreement between Ukraine, on one hand, and the European Union, the European Atomic
Energy Community and their member states, on the other, and the need to adapt national
legislation to EU requirements in the legal regulation of the use and protection of lands as the
main national wealth, determine the urgency of the chosen research topic. Comparative analysis
of domestic and foreign regulatory control of issues of environmental responsibility and
compensation for land damage as a result of economic and other activities allows us to point out
the need to take into account a number of the directives' provisions, which will help build a
European model of financial responsibility for land offenses in Ukraine. Taking into account the
European experience in resolving issues related to environmental damage, it should be noted
that for all positive aspects, the institution of environmental responsibility and its effectiveness
depend on the level of development of the financial guarantees mechanism. Until 2010 the
Directive provided for the development of mandatory financial guarantees' system in case of
harm to the natural environment. While insurance is considered as the most accessible and
universal form of financial guarantees. Therefore, for Ukraine, in addition to improving the
institution of financial responsibility, it is necessary to pay special attention to the formation of a
real system, ensuring its implementation, one of the ways of which is environmental insurance.
Therefore, it is necessary to establish the legal basis for its regulation by adopting the Law of
Ukraine On Environmental Insurance. Particular attention should be paid to the
harmonization of methods for assessing environmental damage that must provide an adequate
real damage assessment. Methods for assessing damage caused to land resources operating in
Ukraine, in general, comply with modern procedures, enshrined in European legislation. The
calculation method used to determine the extent of harm meets the requirements of a market
economy and makes it possible to display the real size of the damage caused. However, the
specified methodologies do not establish a mechanism for compensation for harm caused by
pollution of the life and health of people. The expediency of such a settlement is important for the
legal norms of a protective nature, considering that the Directive of the European Parliament
and Council of Europe 2004/35/CE regulates the issues of compensation for harm caused to
Legal regulation of the relationship between
a citizen and the state in the CIS countries 1 1544-0044-20-SI-1-115

Volume 20, Special Issue 1, 2017

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