PROBLEMS OF THE LEGAL REGULATION OF THE HANDLING WITH PESTICIDES AND AGROCHEMICALS IN UKRAINE AS A CONSTITUENT OF INNOVATIVE DEVELOPMENT OF AGROCULTERAL AND INDUSTRIAL COMPLEX OF UKRAINE
09.02.2009 20:12
Автор: Chornous O.V., Philosophy Doctor, research worker, Koretsky Institute of state and law of the National Academy of Science of Ukraine
[Екологічне право. Земельне право. Аграрне право]
Providing the ecological safety is one of the high priority directions of the public policy of Ukraine. The Constitution of Ukraine of 28 June, 1996, as the main Law of our state, fixed duties of the State regarding the protection of the environment and the guarantee of the ecological safety (Article 16), the right of property in the natural resources (Article 13), the right for everyone to the safe and healthy environment and to compensation for damages inflicted in the result of the violation of this right (Article 50) as well as the obligation of everyone not to do harm to the nature and to compensate for any damage he or she inflicted (Article 66). It also should be noted, that the Constitution of Ukraine, similar to constitutions of many other states, contains no special norms regarding handling pesticides and agrochemicals. Relevant regulatory legal acts have been accepted with the aim of further development of the missing constitutional rules. First of all, it is the Law of Ukraine ”On Environmental Protection” №1264-ХІІ of 25 June, 1991, “On Pesticides and Agrochemicals” № 86/95-ВР of 02 March, 1995, “On Protection of Plants” № 180-XIV of 14 October, 1998, Regulations of the Cabinet of Ministers of Ukraine “On Approving the Procedure for Providing the Bodies Exercising State Control over the Use of Pesticides and Agrochemicals, the Standard Samples of Pesticides and Agrochemicals and the Methodology for Determining Residues thereof” № 228 of 19 February, 1996, “On Approving the Procedure for Granting Permits to Import and Use the Unregistered Pesticides and Agrochemicals of foreign Production” № 288 of 04 March, 1996, “On Approving the Procedure for Seizure, Utilizations, Eliminations and Making Harmless of the useless Pesticides and Agrochemicals and Containers from them” № 354 of 27 March, 1996, and others.
Current legislation of Ukraine outlined the legal principles of handling pesticides and agrochemicals as well as specified some aspects of activity in this sphere. There are still debates on the issues of registration of pesticides and agrochemicals, granting permissions to import unregistered pesticides and agrochemicals for scientific and research purposes, certification and licensing of pesticides and agrochemicals including licensing of import of the substances for plant protection etc. Special consideration should be given to the question of handling unfit, pesticides, including those prohibited for application.. Everyone knows that in the event of use of agrochemicals and pesticides additional pressure is made on the environment which finally affects the human health. In particular, in Ukraine the unfit and prohibited pesticides are classified as dangerous wastes, which influence the legal regime governing their use.
Recently, the legal regulation of handling pesticides and agrochemicals in Ukraine has become a significant issue due to the development of the market relations in Ukraine, its active collaboration in international trade and its admission to many international organizations such as, for example, the World Trade Organization, and its integration to the European Community. Considerable attention has begun to be spared to the issue of meeting the world standards of quality and safety by domestic agricultural products and the ecologizations of agricultural activity on the whole. For example, according to Section 1 Paragraph 4 of the Conception of the project of the National special economic program of industrial development for the period up to 2017, which is approved by the Direction of the Cabinet of Ministers of Ukraine №947-р of 09 July, 2008, the social and ecological orientation of the reforms in industry and realization of innovative type of industrial development were acknowledged as the basic principles of the public industrial policy of Ukraine.
Article ІІІ Clause 1 Part 4 “Strengthening of innovative orientation of industrial development” of the Resolution of the Cabinet of Ministers of Ukraine “On approval of State program for industrial development in 2003-2011” №1174 of 28 July, 2003, states: “Innovative strategy of industrial development must be carried out on the basis of combination of scientific and technical, production and financial spheres”. According to Paragraph 2 Clause ІІІ of the present State program for industrial development in 2003-2011, the biotechnology, technical equipment and technology for the agroindustrial complex and ecological technologies were acknowledged high priority innovative kinds of industrial activity. Legal regulation of these types of industrial activity also includes the norms of current legislation on handling agrochemicals and pesticides etc.
Thus, the following conclusion may be drawn from the aforesaid. The production and business activity is the object of the agrarian relations. It includes such constituents as plant-growing and stock-raising, processing thereof by rural producers and realization(sale). Production and processing of these products require observance of not only the norms in relation to a technological process but also ecological legislation norms. It further contributes to the observance of the legal standards regarding quality and safety of products and maintenance of competitiveness of the national producers. In particular, one of the important pre-conditions of the growing competitive possibilities of the national industrial production and acceleration on this basis of its integration into the world economic system is the creation of conditions for the effective use of the scientific potential and the increase of the role of the state in implementation of innovative model of the industrial development. Thus, it is necessary to more extensively use of the national scientific and technical developments and novelty results of fundamental and applied researches, as well as to introduce the resource-saving and energy saving and ecologically clean technologies, to develop and implement the system of control over the quality and safety of the agricultural produce and food stuffs etc.
Moreover, it should be noted that observance of legal norms with regard to rational and complex nature management and preservation of the environment gives an incentive to the stable functioning of the agroindustrial complex in the long run and, on the more global scale, promotes stable economic and social development of the state. This results in the ecological safety in all its aspects and directions: regarding both the human health and the environment.
As it was previously noted, the issues of the environmental protection, including handling pesticides and agrochemical in Ukraine, are legally governed by general and special normative legal acts. Lately, the question of working out and passing the Ecological Code has become outspoken in the legal science. According to Yu.S. Shemshuchenko this Code: “must give a kind of impetus to the general systematization of legislation and co-ordination of all other branch codes and laws that are to a great extent in conflict with each other at this time” [1]. At the same time it is important to keep in mind the words of S.A. Bogolubov saying that: “the main task for today is not only and not so much of a drafting new laws outspoken by scientists (although the present acts contain enough lacunas and contradictions). The most important thing is to ensure the validity and effectiveness of the adopted legislation” [2].
In particular, one of the basic tasks of reorganization of the agrarian sector is adaptation of the domestic commodity producer to the new market, legal and social conditions. And one of the basic criteria which is taken into account in the assessment of the accordance of the national industrial complex to the analogical formations in the developed states of the world, is the resources conservation, the introduction of the resource-saving and energy saving and ecologically clean technologies and the provision of high level environmental safety. For the purpose of achievement of these criteria, it is necessary to stimulate the ecological activity which is carried out in accordance with the law and to make favourable conditions for investments in this sphere.
Innovations in the legal regulation of the protection of the environment in the sphere of the Ukrainian agroindustrial complex are directed in the first place at the improvement of the quality of life of people. Observance of the ecological standards in carrying out the production and economic activity in the sphere of the agroindustrial complex helps to find a complex solution to a few tasks of the development of our state in whole and at once: to ensure the quality and safety of foodstuffs and to provide a sustainable and safe development of the natural environment.
Literature:
1. Ю.С. Шемшученко. Вибране. – К.: „Юридична думка”, 2005. – с.293.
2. Правовое обеспечение развития сельского хозяйства в России / Отв. ред. С.А. Боголюбов. – М.: Юристъ, 2005. – с. 221-222.
e-mail: achernous@yandex.ru
Ця робота ліцензується відповідно до Creative Commons Attribution 4.0 International License
Знайшли помилку? Виділіть помилковий текст і натисніть Ctrl + Enter
Ця робота ліцензується відповідно до Creative Commons Attribution 4.0 International License
Знайшли помилку? Виділіть помилковий текст і натисніть Ctrl + Enter
