PROBLEMS OF LAND LEGISLATION OF UKRAINE AND EUROPEAN UNION INTEGRATION.

Author:Sannikov, Dmytro V.
Position:Report
 
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INTRODUCTION

Regulatory acts of the European Union play a significant role in regulating land relations in the EU member states. Thus, according to the draft Treaty on the Introduction of the Constitution for Europe (2003/C169/01), adopted by the consensus of the European Convention on June 13 and July 10, 2003, the Council of Ministers unanimously adopts European laws, European framework laws, implements land use measures, excluding the organization of waste collection and disposal (Sulyagina, 2012; Kokanovska, 2016).

According to Art. 51 of the Agreement on Partnership and Cooperation between Ukraine and the European Union (EU) and Member States of June 14, 1994, Ukraine has undertaken to take measures to gradually bring national legislation into line with the legislation of the European Community, that is, to adapt national legislation to the EU legislation requirements. Among the spheres of adaptation there is, in particular, the institution of legal responsibility as an important way of protecting the environment, including lands, as follows from the provisions of the Law of Ukraine "On the State Program for Adaptation of Ukrainian Legislation to the Legislation of the European Union" of March 18, 2004.

The implementation of the course on the European integration necessitates the adaptation of the national land legislation to the EU requirements. According to Art. 51 of the Agreement on Partnership and Cooperation between Ukraine and the European Union (EU) and Member States (Agreement on partnership and cooperation between Ukraine and the European Communities..., 1994) an important condition for strengthening economic ties between Ukraine and the Community is the convergence of the existing and future legislation of Ukraine with Community legislation. Ukraine will take measures to ensure the gradual harmonization of legislation with the legislation of the Community. Adaptation of land legislation is the process of bringing the laws of Ukraine and other regulatory legal acts that are sources of land law of Ukraine, as well as the step-by-step adoption and implementation of Ukrainian regulations, developed in accordance with EU legislation, conformably with the acquis communautaire.

Acquis communautaire (acquis) the legal system of the European Union, which includes, but is not limited to, acts of European Union legislation adopted within the framework of the European Community, the Common Foreign and Security Policy and the Co-operation in the Field of Justice and Home Affairs. At the same time, it is necessary to take into account that in the EU operates the principle of the EU rule of law over national law, which found its confirmation in the decisions of the Court of Justice of the EU. Thus, in the judgments of the Court of Justice of the European Communities in case 26/62, Algemene Transporten Expeditie Ondernemingvan Gend v. Nederlandse Administratieder Belastingen, in case 6/64, Flaminio Costa v. ENEL and in case Variola v. S. P. Administatione Italianadelle Finanze there is entrenched:

* The principle of priority of EU law over the national law of member states (Supremacy of European law principle).

* The principle of direct application of EU law (the principle of direct application of EU law).

The scale of the influence of EU law is evidenced by the fact that approximately 80% of laws and other legal acts in the economic and social spheres that in the past belonged to the competence of states are produced by Union bodies and are unified for all its members (Magnovsky, 2005).

The purpose of adapting the land legislation of Ukraine to the EU legislation is to achieve compliance with the legal system of the country acquis communautaire, taking into account the criteria set by the European Union to the states that intend to join it. The development of Ukrainian legislation in the direction of its approximation to the legislation of the European Union is a priority component of the process of Ukraine's integration to the European Union, which in turn is a priority direction of Ukrainian foreign policy.

LITERATURE REVIEW

The issues of the domestic institute of legal responsibility for land offenses adaptation to EU legislation have been studied in a fragmentary way by such scientists as Andreitsev, Hetman, Balyuk, Kovalenko, Krasnova, Malysheva, Miroshnichenko and others.

The purpose of the section is to determine the directions of adaptation of the domestic institution of legal responsibility for land violations of existing EU legislation in this area. Main goals:

* To analyse the existing system of norms of the European legislation, which directly regulate legal responsibility for violations of the order of land use and protection;

* To carry out a comparative legal description of the legal provision of the legal responsibility institution for violation of the norms of land legislation in Ukraine and the EU.

The legal regulation of legal liability for land offenses in European Member States is in the joint competence of the Community and Member States. The legal regulation of the institution of legal liability for land offenses in the EU countries is primarily the subject of national regulation (Entin, 2017), as well as in accordance with the provisions of the EU directives, which are binding on member countries since their adoption and a number of conventions of the Council of Europe.

In addition, based on the content of Art. 175 of the EU Treaty with the EU Member States, the right remains to introduce more stringent protective measures in the fight against environmental, including land, offenses in comparison with the measures established by the European Community.

It should be noted that European legislation is aimed at combating environmental crime, so the adaptation of the domestic institution of legal responsibility for violation of land legislation will concern environmental land offenses.

The most developed in the European system of legal responsibility for land offenses with an ecological colour is the institution of criminal and environmental responsibility, on which we will concentrate our attention.

The basis of the environmental liability system in European law is made up of such documents as the Convention on Civil Liability Resulting from Activities Dangerous to the Environment of 1993 (Deikalo, 2014) (hereinafter the Lugano Convention) and the Directive 2004/35/EC of the European Parliament and the Council of Europe on Environmental

Responsibility for the prevention and liquidation of environmental damage of April 21, 2004 (hereinafter referred to as Directive 2004/35/CE) security (primarily insurance and other forms of financial security).

The Lugano Convention was adopted by the Council of Europe on June 21, 1993 and signed by 9 countries (Italy, Iceland, Cyprus, Liechtenstein, Luxembourg, Netherlands, Portugal, France, Finland), but did not enter into force because it did not pass the ratification in one of the countries, which signed it. However, this document introduces a number of new provisions, which explains attention to it.

The Convention introduces a strict liability regime for harm caused by activities dangerous to the environment. An important part of this document is the provision on the subject of liability: in accordance with Art. 2 [section]5 it is a person who exercises control over such activities (operator). In addition, the Convention, along with individual, provides for collective (subsidiary) liability. When resolving the issue of compensation for harm caused, it is provided that the court considering the case has the right to take into account the causal relationship between hazardous activities and harm and also take into account the fault of the injured persons and thus partially reduce the amount of compensation. The Convention also defines the conditions for the release of the operator from liability (Art. 8 and 9).

General Understanding of the Possibilities of Ukraine's Integration and EU Legislation In Different Legal Families

General principles and directions of the land legislation of Ukraine adaptation to the legislation of the EU are defined in the National program of adaptation of the legislation of Ukraine to the legislation of the European Union, approved by the Law of Ukraine of March 18, 2004 (The national program of adaptation of the legislation of Ukraine to the legislation of the European Union..., 2004). Adaptation of the legislation of Ukraine is a systematic process, including several successive stages, each of which must achieve a certain degree of compliance of Ukrainian legislation with the acquis of the European Union. At the first stage of the Program implementation, which was calculated before the completion of the Partnership and Cooperation Agreement between Ukraine and the European Communities and their member countries on June 14, 1994, the priority areas in which Ukraine's legislation is being adapted is, in particular, the sphere of health care and the lives of people, animals and plants, as well as the environment.

The signing and ratification by the Verkhovna Rada of Ukraine in September 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 hand (On ratification of the Association Agreement., 2014) (hereinafter referred to as the Association Agreement) is a significant impetus to the activation of the processes of adaptation of national land legislation to the requirements of the EU. Adaptation of the land legislation of Ukraine to the acquis communautaire is not defined as a separate direction to bring the national legislation of Ukraine in line with EU requirements. However, some articles of the Association Agreement refer to the measures taken by the Parties to ensure environmental safety and protection, of which land plots and land resources are an integral part. In particular, the Association...

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