ДЕРЖАВНО-ПРАВОВА ОХОРОНА ДЕНДРОЛОГІЧНИХ ПАРКІВ В УКРАЇНІ (ОРГАНІЗАЦІЙНО-ПРАВОВИЙ АСПЕКТ)

Abstract

dendrological parks in Ukraine (organizational and
legal aspect). – Article.
The article is devoted to the study of state legal
protection of dendrological parks in Ukraine, namely, the
organizational and legal aspects.
In general, in our country, state protection and the use
of natural objects, dendrological parks, in particular, is
primarily regulated by the Basic Law, which directly or
indirectly states the principles and preconditions; specific
rules of conduct in the field of environmental protection
and nature management.
Based on the analysis of scientific works and current
environmental legislation, we created the list of subjects
for state-legal protection of dendrological parks in our
country. Analyzing the range of subjects that form the
system of public administration in the field of our study,
we found out that scientists' views of this issue are quite
different.
This article determines that the current state of
the existing public administration system of legal
protection and certain categories of nature reserves,
and in general, the nature reserve fund as well as
the environment in our country carries out negative
evaluation and seeks its organizational and functional
improvement.
We found out that today the system of state legal
protection of dendrological parks is not perfect and
was formed in violation of Article 11 of the Law “On
the Nature Reserve Fund of Ukraine”. Therefore, it is
impossible to define and characterize state legal protection
as an effective tool. Above all, the reason for this is
the subordinative dispersion of arboretums to various
departments, for which the management, development
and protection of arboretums are not a priority area of
their activities.
The study concludes that the existing system of
state legal protection of dendrological parks should
be coordinated from a single centre – the Ministry of
Environmental Protection and Natural Resources of
Ukraine and its specially established bodies in localities.