Право/ 2. Адміністративне і фінансове право
Horodetska
I.A., Candidate of Law Sciences, Associate
Professor
The
stages of administrative-legal regulation public relations in area of
protection, use and reproduction of animal world
in
The
National report on the state of the environment indicate that the fauna of
Ukraine includes more than 45 thousand species including: insects – 35
thousand, other arthropods – 3.4, worms – 3.2 thousand, fish and cyclostomes –
170 species and subspecies, amphibians – 17 species, reptiles – 21, birds –
circa 420, mammals, 108 species [1, p. 116]. It is worth to note that the main
negative factors of influence on the environment, including the animal world are natural and anthropogenic factors. In
particular, the poaching, destruction and deterioration of habitats, negative
impact of invasive animal species (vertebrate and invertebrate) are major
threats to the biodiversity of the country.
Despite the increase of negative factors affecting the natural
environment and biodiversity, good governance and regulation in the area of
protection, use and reproduction of animal world is the key to the preservation
of environment as a whole. Therefore, the problematic
of research on various aspects of administrative-legal regulation of public
relations in area of protection, use and reproduction of animal world is
important and requires
detailed analysis.
In previous publications we have formulated the concept, defined the
characteristics and essence of administrative-legal regulation of public
relations in the field of protection, use and reproduction of the animal world.
Now we focus on the stages inherent in the process of administrative-legal
regulation of the relations. To solve this problem let us analyze the
approaches of scientists to the stages of the legal (dministrative-legal)
regulation.
K. Volynka believes that the process of legal
regulation covers several stages, in particular: the legal regulations of
social relations; the onset of the conditions provided by law; clarifying the
rights and obligations stipulated by the rule of law; implementation of
subjective rights and legal responsibilities [2, p. 107-109].
Yu. Krivitsky points out the following main
stages of legal regulation: 1) the publication of the legal norms and their
regulatory effect on social relations (legal regulation of public relations);
2) the emergence of subjective rights and legal responsibilities of specific legal subjects on the basis of the
action of legal norms and their implementation in a particular legal
relationship, when these rights and responsibilities are carried out by them in
practice, and are embodied in their actual behavior. In
addition, according to the scientist, the application and official interpretation
of the law should be considered as optional stages of legal regulation [3, p.
77].
In
industry research to the stages of legal regulation include: 1) the law-making
stage, when the process of the formation of certain rules or normative behavior
models take place and they are given compulsory nature; 2) the stage of the emergence of
legal relations, where the overall statutory rights and obligations of subjects
of law transform to specific subjective rights and legal duties of the parties
involved. At this stage the rules of conduct that are defined using
permissions, requirements and prohibitions, are fixed by sources of law, and
are operated by using legal tools such as legal facts, legal relations,
subjective rights and duties of their subjects; 3) stage of application of the
law by the relevant competent authority [4, p. 297-299].
According to V. Halunko, the system of legal
regulation consists of the following stages: 1) the legal administrative
lawmaking; 2) implementation of administrative law when public subjective
rights and legal duties of subjects of administrative law are provided; 3) law
enforcement activities of entities of public administration that includes
administrative sanctions to violators of the rights, freedoms and legitimate
interests of natural and legal persons [5, p. 318].
Given the above, it should be noted that in theory of law there are
several different views of scientists on the stages of legal regulation.
However, when describing the process of administrative-legal regulation
specialists in the sphere of administrative law in the vast majority agreed
that the three main stages, namely: the regulation of social relations; the
emergence and concretization of subjective rights and legal duties; the actual
implementation of the rights and duties of subjects of administrative relations
[6, p. 123-125; 7, p. 137-138].
Thus, we define the main stages of the process of administrative-legal
regulation of public relations in the area of protection, use and reproduction
of the animal world.
The first stage is the legal regulation of social relations in the area
of protection, use and reproduction of animal world that require streamlining
through administrative and legal means. At this stage, the competent state
authorities, including subjects of public administration which carry out state
control and regulation in this area, perform the legislative activities of
creation of legal norms and normative legal acts [8, p. 67]. The subjects directly empowered by a subordinate
administrative law-making include: Central Executive authority that ensures the
formation of state policy in the sphere of environmental protection; the
Central Executive authority that implements the state policy in the sphere of
environmental protection; the Central Executive authority that implements the
state policy of state supervision (control) in the sphere of protection of the
surrounding natural environment, rational use, reproduction and protection of
natural resources, the Central Executive authority that implements state policy
in the sphere of forest and hunting economy; the Central body of Executive
power that implements the state policy in the sphere of fisheries; and other
authorized bodies of Executive power in accordance with their powers [9].
The second stage is the emergence and concretization of subjective
rights and legal duties. At this stage takes place the process of
transformation of the General regulations of legal norms in a specific model of
behavior of participants of public relations in the field of protection, use
and reproduction of the animal world. Such a transformation is possible if the
situation comes under administrative law (the particular legal fact), with the
result that its subjects form administrative and legal relations from which arise
interrelated subjective rights and legal responsibilities [2, p. 107; 7, p.
138].
The third stage – the actual implementation of the rights and duties of
subjects of administrative relations in the area of protection, use and
reproduction of the animal world. That is, there is the actual implementation
of the requirements of administrative law in the actual behavior of subjects in
the form of observance, execution, use and application of [8, p. 68, 77-78]. At
this stage the administrative-legal regulation in the field of protection, use
and reproduction of fauna reaches its target – allows to actually use the
rights and fulfill obligations.
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