Open AccessComparative characteristic between European and Ukrainian legal mechanisms for regulating the discharges of pollutants
Author(s) -
V. I. Uberman,
Людмила Антоновна Васьковец
Publication year - 2021
Publication title -
vìsnik nacìonalʹnogo tehnìčnogo unìversitetu ukraïni «kiïvsʹkij polìtehnìčnij ìnstitut». polìtologìâ, socìologìâ, pravo
Language(s) - English
Resource type - Journals
eISSN - 2706-5626
pISSN - 2308-5053
DOI - 10.20535/2308-5053.2021.4(52).248149
Subject(s) - ukrainian , legislation , limiting , legislature , european union , political science , business , law and economics , law , international trade , economics , engineering , mechanical engineering , philosophy , linguistics
The article examines and compares the structures and basic norms of legal mechanisms for controlling the discharge (CD) of polluting substances (PS) from point technogenical sources into surface waters of EU and Ukrainian legislation. To analyze the systemic construction of the European CDPS and a meaningful study of its main elements, a tool has been identified, which is the chain of spreading of restrictive (limiting) legal influence, its legislative links and regulative norms. The structure and composition of this chain of European CDPS are identified, PS flows and information links between restrictive standards are studied. It is noted that the main branches of the structure of the European CDPS are technological and environmental legal influences. The second branch is additional. It complements the first one for some priority substances and it uses to limit the discharge of PS properties of the area of the water body which adjacent to the discharge of PS, the so-called mixing zones (MZ). The place and significance of the CDPS subinstitution in the European water legislation are investigated. The peculiarities of the European regulatory standards of the CDPS are determined. The comparison of the European and Ukrainian CDPSs using the scale of features that characterize the links in the chain of limiting legal influence is fulfilled. The concordance of the features of the Ukrainian CDPS to the European one was assessed by the categories: “fully compliant”, “partially compliant”, “does not contradict”, “does not comply”, “not regulated by EU legislation”. The distribution of concordance assessments testifies to the fundamental difference between the European CDPS and the Ukrainian one. The most important differences of legal discordance are investigated. It is concluded that the main difference between the two CDPS subinstitutions is that Ukrainian regulation is based only on the economic use of the assimilative capacity of the MZ. It is emphasized that the concept of MZ for more than 60 years of its actual use has not received proper legal justification in Ukrainian law. In contrast to the Ukrainian regulation, the main influence of the European CDPS is aimed at directly limiting the sources of PS. The priority changes in the water legislation of Ukraine for the implementation of the requirements of the EU legislation on CDPS, have been proposed.