Regulatory relationship on use and environmental protection in the innovative sphere
Authors: Savchuk Olena 
Published: January 2022

Problem setting. The functioning of legal relations of use and environmental protection is currently regulated by a number of regulations of different legal force and direction. All this legislation is aimed at ensuring a safe environment, stopping the negative climate change caused by industry, agriculture, low energy efficiency of buildings, lack of waste management system, as well as reducing carbon sequestration by the ecosystem.

The object of research is the legislation that regulates the legal relationship regarding the use and protection of the environment in the field of innovation.

The subject of the study is the state of the regulatory framework and legislative regulation of legal relations regarding the use and protection of the environment in the field of innovation.

Analysis of recent researches and publications. Legal relations on the use and protection of the environment in the field of innovation have repeatedly attracted the attention of researchers. In particular, A.P. Hetman considered the issues of environmental and legal component of innovative entrepreneurship, G.V. Anisimova studied issues of environmental and legal aspects of regional innovation system, V.L. Bredikhina in the field of research were issues of legal support of environmental safety in the field of implementation innovation policy. Krasnova M.V. considered the introduction of innovative dominants of sustainable development in the environmental legislation of Ukraine.

In addition, the scientific literature analyzed the legal basis for the introduction of innovative technologies in agribusiness (Bakai Yu. Yu.); legal support for the introduction of ecologically oriented innovations in Ukraine (Lebedeva T.M.), ecological innovation management in the mechanism of sustainable development (Zadykhailo D.D.).

However, the study that would be aimed at analyzing the legal regulation of the use of environmental protection in the field of innovation was not yet, which prompted us to choose this topic of scientific work.

Target of research is to identify and make proposals to current legislation in certain areas.

The scientific novelty of the study is to make proposals to consolidate amendments to current legislation and proposals for the development of separate documents to regulate the functioning of legal relations of use and environmental protection in the field of innovation.

Article’s main body. The normative-legal acts are researched, the scientific specialized literature is analyzed according to the chosen theme of scientific work. The need to amend the current legislation, the importance of developing regulations aimed at applying existing and developing new mechanisms to ensure the use and protection of the environment in the innovation sphere are identified and emphasized.

Conclusions and prospects for the development. After analyzing the legal support for the functioning of legal relations of use and environmental protection in the innovation sphere, we came to the conclusion that today there is an urgent need to develop and implement a special legal act that would establish a set of measures to develop innovation in the use and environmental protection. The purpose of such a document, first of all, should be the mechanism of implementation of previously adopted regulations, expanding access to environmental information of the population, including interaction between scientific and educational institutions, the introduction of modern advanced technologies. As already noted during the dissertation, the issue we are considering goes far beyond just environmental legislation, so it should also be noted that the necessary harmonization of legislation between other institutions of law – economic, civil, tax and more.

In addition to the above, I would like to emphasize that the Law “On Environmental Protection, acting as the main legislative document in the field of environmental relations does not enshrine issues of innovation, environmental innovation.