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Международный опыт правового регулирования нормирования качества атмосферного воздуха

Международный опыт правового регулирования нормирования качества атмосферного воздуха

Abstract

Problem setting. Globalization of ecology problems causes a necessity to take steps to protect environment at supranational and international levels. In this connection an urgent need of today is the study of experience of foreign countries in legislative regulation of environment protection problems and search of ways to improve domestic mechanism of environmental law, particularly, in the field of ambient air quality formation. Recent research and publication analysis. Experts who studied various aspects of environmental law space in EU and other foreign countries were, for instance, such scholars as N.R. Malysheva, V.I. Lozo, A.P. Hetman, O.P. Myroshnychenko, Yu.S. Shemchushenko, M.M. Mykiyevych, A.O. Andrusevych, N.V. Pakhomova, O.K. Vyshniakov,O.L. Dubovyk, P.A. Kalinichenko, L. Kremer, etc. Paper objective. Issuing from scientific theoretical and practical importance of the subject, the objective of the present paper is analysis of legal foundations of air quality regulation in European Union and other foreign countries, comparative analysis with the provision of national legislation in this field and search of ways how to improve national legislation by borrowing positive experience. Paper main body. Ambient air quality standards are determined on the basis of special principles applicable to all problems regulated by EU environmental law: consideration of effects, universal character, practical attainability, best available technologies, “polluter must pay” and comprehensive approach. Much attention is paid to ambient air quality by World Health Organization. Thus, in 2000 Recommendations on Air Quality in Europe were issued (hereinafter Recommendations 2000, and in 2005 they were supplemented by WHO Air Quality Recommendations Relating to Solid Compounds, Ozone, Nitric Dioxide and Sulfur Dioxide. One of basic EU documents in the field of ambient air protection and its quality regulation is Directive 2008/50/EU Ambient Air Quality and Cleaner Air for Europe aimed to ensure peoples’ health protection at local level, in member countries and in total European Union by opposing pollutants exhaust at sources of their origin. Interesting aspect is the relation between terms “standard” and “norm”; the analysis of legislative provisions shows a certain identification of these concepts, even some synonymy between them. On a par with study of European doctrine in ambient air quality regulation, we treat as feasible a study in experience of other foreign countries in this field, such as United Kingdom, United States of America and Australia. In UK ambient air quality is regulated in accordance with The Air Quality Strategy of 2007, by specifying target values of air quality. US Clean Air Act of 1990 introduces a system of ambient air quality standards consisting of primary and secondary standards. In Australia standards of ambient air standards established in 1998 are valid, wherein each normalized parameter has an averaging period and maximum number of cases when it may be exceeded for each year. Conclusions of the research. Ukrainian ambient air quality protection legislation partially meets the requirements of legislation of foreign countries. In particular, the basic pollutant substances are regulated in Ukrainian legislation as well as abroad. However, in spite of sufficiently branched system of ambient air quality regulation, not all aspects yet fully conform to the requirements of foreign legislation. Thus, urgent necessity exists in further introduction of legislative experience of EU and foreign countries in the field of ambient air quality to attain total concord between domestic Ukrainian legislation and European and world legal standards.

Исследованы основные принципы и положения систем нормирования качества атмосферного воздуха ЕС и других зарубежных стан. Предложены направления их внедрения в национальное законодательство Украины с целью совершенствования отечественного эколого-правового механизма и повышения его эффективности в сфере охраны атмосферного воздуха.

Keywords

ПРАВОВЕ РЕГУЛЮВАННЯ НОРМУВАННЯ,ЯКіСТЬ АТМОСФЕРНОГО ПОВіТРЯ,ЄС,МіЖНАРОДНИЙ ДОСВіД,ПРАВОВОЕ РЕГУЛИРОВАНИЕ НОРМИРОВАНИЯ,КАЧЕСТВО АТМОСФЕРНОГО ВОЗДУХА,ЕС,МЕЖДУНАРОДНЫЙ ОПЫТ,NORMALIZATION,LEGAL REGULATION,PROTECTION,AMBIENT AIR,LEGAL REGULATION OF NORMALIZATION,AMBIENT AIR QUALITY,EU,INTERNATIONAL EXPERIENCE

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
gold