НОРМАТ?ВНО-ПРАВОВЕ ЗАБЕЗПЕЧЕННЯ УКРАЇН? ЩОДО ОХОРОН? ЛАНДШАФТН?Х ОБ'ЄКТІВ ОХОРОНН?Х КАТЕГОРІЙ

Abstract

AnnotationAccording to article 14 of the Ukrainian Constitution and article 1 of Land Code of Ukraine, land is considered as fundamental national wealth that is under special state protection. Body of State and local Authorities must provide legal, organizational, financial, economic and other problems in the implementation of subjective laws on land, in using and protection of lands and facilities located on it. Special social importance are gaining issues of efficiency increasing of legal regulation of social relations in the field of land use and protection of all categories and objects assigned to them on Ukraine territory.National cultural heritages of Ukrainian state are also an inseparable part of world cultural heritage that causes interest to them of the international community. To use this potential, it is necessary to ensure the proper preservation and maintenance of monuments.Monuments protection in developed world's countries is provided by existence of national and international protection systems of cultural heritage. The basis of state system functioning of monuments protection of the past in Ukraine is legally enforceable regulation according to which cultural heritage located in its territory, are protected by the state.Modern legislation must meet the political, economic and social needs of society. According to this is gaining special importance in international experience studying of cultural heritage conservation.In Ukrainian legislation landscapes objects are fixed mainly in two categories, as objects of nature reserve fund and the historical and cultural heritage.According to article 4 of Convention about the Protection of the World Cultural and Natural Heritage, each State – part of this Convention recognizes that obligations to ensure the identification, protection, conservation, popularization and transmission to future generations of cultural and natural heritage which is situated on its territory, primarily relies on her.At 20 October, 2000 was signed the European Landscape Convention, which on Aug. 7, 2005 Ukraine ratified by relevant Law. The objectives of this Convention are to facilitate the protection, management and planning of landscapes, also organization of European cooperation according to landscape issues.According to Ukrainian Land Code regulations, land is the main national wealth that is under special state protection.In the above-mentioned document are outlined nationwide and regional programs of land use and protection, and also defined the mechanism of state control over these lands.The Law of Ukraine "About nature reserve fund of Ukraine" dated 16 June 1992 determines: the legal basis of the organization; protection; efficient use of natural reserve fund of Ukraine; reconstruction of its natural complexes and facilities.According to this Ukraine legislation, nature reserved fund is protected as national heritage in respect of which establishes a special regime of protection, reconstruction and use. Ukraine considers this fund as part of a global system of natural areas and sites under special protection.Specially authorized body of state administration in the field of organization, protection and use of natural reserve fund is a central executive body in the field of environmental protectionIn certain positions of the Law of Ukraine "About the improvement of public welfare" from 6 September 2005, which determines: economic, environmental, social and organizational principles of public welfare, determination in protection issues and maintenance of greenery.One of the main normative legal acts, that operate on Ukraine's territory and concern the creation, development, maintenance and protection of green plantings that grow on lands of different categories, is the Order of the Ministry of Construction, Architecture and Housing and Communal Services of Ukraine from 10.04.2006 "About Approving the Rules plantations maintenance in the settlements of Ukraine." The rules that are designed to protect and preserve green spaces in cities and other settlements (further the green space) and keeping them in good condition, creation and formation highly decorative, resistant to adverse conditions of the environment plantations.Carried out researches concerning legal regulation of protection historical and cultural heritage and the natural reserve fund of Ukraine allow concluding that in legislative acts the landscape regulatory recognizes as object of relations.European Landscape legislation only partially includes legal mechanism of application landscape approach to the regulation of land relations, as it involves the preservation of landscapes within the establishment of ecological network. Whereas all the basic acts of ecological and land legislation of Ukraine was adopted before the country ratified the European Landscape Convention (01.07.2006), they could not take into account the requirements of the Convention, which currently requires correction.In the current legislation of Ukraine are dominated rules that have general or blanket character and do not reflect the peculiarities of land's legal regime in terms of their management, environmental protection, and insurance of basic constitutional principle implementation of these issues.The object of state control is compliance with the legal requirements to landscape land use arising from the obligations of owners and land users as the basis for their use of landscape and other subjects to comply with restrictive rules of land law.