Features of the transformation of environmental legislation under the conditions of the military state
M. Pypiak* and J. Kokarcha
The article is devoted to the discussion of such environmental and legal issues as environmental safety, implementation and satisfaction of environmental rights and interests, the possibility of using natural resources under martial law. The purpose of the study is a comprehensive and comprehensive study and analysis of the norms of environmental protection legislation from the point of view of the introduction of martial law. In view of this, the methodological basis of this work is a synthesis of the general philosophical method, the general scientific method, the special scientific method, and the practical legal method. It is believed that the ecological function of the state to ensure ecological safety, natural use of ecological balance and maintenance of ecological balance within the borders of Ukraine should become the main goal of today, which will contribute to the formation of a new ecological legal order during martial law. It is proposed to improve the system of compensation for Russia's aggression against the environment and the ecological rights and interests of citizens, to optimize the system-legal framework for ensuring environmental security in the conditions of martial law. On the basis of own conclusions and generalizations, proposals and recommendations for improving the current national legislation are put forward. Practice has proven that at the legislative level there must be a clearly defined legal mechanism for the protection of environmental rights and interests of citizens during hostilities. A conclusion was made about the absolute impossibility of proper regulation of the state sovereignty of Ukraine in the conditions of martial law without taking into account some environmental and legal factors: a) further improvement of the legal basis for the implementation and protection of the mechanisms of environmental rights and human rights; b) to create effective legal guarantees for ensuring environmental safety; c) improvement of the legal system of use, reproduction (restoration) and protection of natural resources and complexes, full use of natural resources of Ukraine, etc.