Infopaket

Problems of the Permitting System in Environmental law

ДВС.7.07

Обов’язкова дисципліна для ОП

Second

2023/2024

1 Semester

1

The objectives of the discipline are aimed at achieving such students’ competencies, skills and abilities, as: the ability to apply the general and special ecological and legal knowledge while implementing the permitting system in environmental law as a system of legal relations; the ability to identify, formulate and solve problems of the legal regulation of permitting legal relations in the natural resources, environmental and anthropological spheres; the ability to draft legal instruments and legal acts of an individual action in the relevant field; to know the main legal categories of the permitting system in environmental law and the problems of their application; to know modern scientific achievements and approaches to the main theoretical and practical problems of the permitting system in environmental law, possible forms, ways to solve them.

Distance form

To know the basic principles of the scientific thought on the formation and development of the permitting system in environmental law of Ukraine; to know the basic acts of the current legislation governing permitting relations in the field of ecology; to be able to assess and determine the role and objectives of the institute of permitting activities in the field of natural resources, environmental protection and environmental safety, to distinguish between the types of relevant arbitrary procedures, permitting authorities and permits; to know the materials of the law enforcement practice, to have the skills of the law enforcement activity, including the preparation of legal acts drafts of individual action, taking into account the specifics of the practical situation, using legal methods to solve practical problems and resolve disputes arising in the permitting system in the field of ecology.

The teaching of the discipline is aimed at deepening the theoretical knowledge and practical skills and abilities of the individual solution of problems related to the legal regulation of the permitting system in the field of ecology. The discipline considers doctrinal approaches to the core of the permitting system in the field of ecology, considering the need to balance environmental and economic interests in the issuance of permits, as well as the concept and types of permits, the relationship between "permission", "license", "permit" in the field of ecology; a critical assessment of the legislation on the permitting system in the field of ecology is provided, skills of resolving legal conflicts in this field are formed; the directions of improvement of the system of the bodies carrying out the issuance of permits in the field of ecology are offered.

Evstignieiev A.S. Environmental security of special nature use in Ukraine in the context of sustainable development: theoretical and legal aspects: monograph. K.: "Hordon" MPBP, 2018. 494 p. 2. Baliuk G.I. Environmental law of Ukraine: Synopsis of lectures in schemes (General and Special parts): textbook. 2nd ed., corrected and supplemented. Chernivtsi: Kondratiev A.V., 2020. 204 p. 3. Environmental law: Course of lectures / Ed. by І.І. Karakasha. Odessa, 2020. 321 p. 4. Environmental law: textbook / coll. of auth. [Rezvorovych K.R., Yunin O.S., Kirin R.S., et al.]. Dnipro: Bila K.O. Publisher, 2020. 318 p.

Lectures are based on the use of dialectical, comparative law and other methods, the method of modeling, the analysis of scientific and legal, practical sources on the permitting system in the field of ecology. Students are offered scientific and legal principles and a mechanism for implementing the provisions of the law. At the seminars, while solving problems students analyze the procedures for issuing permits in nature resources and environmental spheres as well as while providing environmental security, substantiate their legal positions on resolving conflicts in this area, prepare drafts of legal acts of individual action in the permitting system in the field of ecology, acquire skills of procedural functions realization of the law enforcement subjects, regarding the appeal of illegal actions, decisions and inaction of subjects of the corresponding legal relations.

Semester forms of assessment include: - express questioning from 2 to 4 points; - a colloquium from 2 to 4 points; - reports and scientific works from 6 to 8 points; - testing (from the set of statements to choose the right ones) from 8 to 12 points; - modal tests from 3 to 6 points for each (total: from 6 to 12 points). The final assessment – a written credit. The maximum score that a student can get during the semester is 40 points. The minimum score that a student can get for the appropriate forms of assessment is 24 points. For students who have not reached the minimum threshold score during the semester (24 points), working off is conducted in the form provided by the curriculum. According to the results of the final form of control (a credit), the student can get a maximum of 60 points.

Ukranian