Published June 18, 2021 | Version v1
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Environmental and legal policy: modern approaches to formation

  • 1. Yaroslav Mudryi National Law University

Description

The article considers environmental law policy as a component, an independent type of
national legal policy, as well as state and sectoral environmental policy. The existence of
correlative, mutual influence of ecological and legal doctrine on formation of the corresponding
policy is proved. It is substantiated that the ecological and legal legal doctrine significantly
influences the current state of the state ecological policy (and this influence is mutual), formation of
the ecological legislation and integration of Ukraine into the European legal space. It was stated
that Ukraine first of all needs to intensify law-making, modernize the provisions of the
environmental and legal doctrine, based on the concepts of which will be revised, updated
provisions of public policy, legal understanding, and hence law enforcement. Further
institutionalization of the basic provisions of the ecological and legal doctrine in the legislation
becomes a necessary condition for the further development of law-making and statehood.
It is emphasized that the use of environmental and legal doctrine will speed up the lawmaking
process, in particular due to the adaptation of regulations to European standards;
formulate legislative definitions that will gradually become an important part of environmental
regulations; develop a "road map" for the development of environmental policy and legislation, etc.
It is emphasized that the current state of the legal system requires a fuller use of the lawmaking
potential of environmental law doctrine and the implementation of its main functions –
stabilizing, guiding, heuristic, rule-making, evaluative and prognostic. Therefore, it is expedient to
apply the ecological and legal doctrine as a methodological platform of the ecological and legal
policy. The necessity of developing concepts of systematization of the ecological legislation, and
also legal policy is proved.

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