The article examines the features of the general structure and composition of instruments of the modern Ukrainian legal mechanism for regulating emissions (discharges) of substances into surface waters from point sources. Legal regulation of the entry of pollutants into the environment and, in particular, the fight against contaminants in water are priority areas of state environmental policy and are carried out simultaneously with the approximation to European legislation in the water sector. Currently, the Ukrainian legal mechanism for regulating emissions of substances into the environment is at the stage of fundamental reforms, which concern the relevant scientific paradigm, conceptual and structural features, and legal instruments. It was determined by comparative and analytically, that the specified mechanism currently combines in one complex – the legal instruments of the Ukrainian version of the Industrial Emissions Directive 2010/75/EU, from the part of Directive 2000/60/EU establishing a framework for Community measures in the field of water policy, harmonized with the Water Code of Ukraine, and the remnants of the founded near 40 years ago Ukrainian mechanism for legal regulation of discharges of pollutants with return water. Such a structure of the mechanism for legal regulation of emissions (discharges) of substances into surface water bodies makes the approximation of Ukrainian water legislation to the requirements of EU legislation in quality of surface water quality as one of the most difficult problems of harmonizing all Ukrainian environmental legislation with the EU environmental acquis and complicates the permitting regime for water use. The structural features and instruments of the three main components of the modern legal regulatory mechanism are considered, and the existence of inconsistencies between them and problems that may hinder the economic activities of water users and law enforcement in this area are revealed. It is concluded that the specified mechanism, its architecture and tools create risks of violations of the legislation, prerequisites for the emergence of cases of environmental problems and for manifestations of corruption in permitting activities. The need for the earliest possible reform of the specified legal regulation institution is emphasized. The priority tasks of reform are outlined. the main one of these is getting rid of the outdated ecological and legal principle, which will contribute to the adaptation of the water use sector to the requirements of sustainable development in the post-war period.
Uberman et al. (Tue,) studied this question.
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