Browsing by Author "Pyvovar, Iryna"

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    Reduction of the Forest Fund as a Result of Illegal Activities of the Local Authorities and as a Cause for Protection of the Environmental Rights of Citizens in Administrative Courts
    (AL-BAYADER-AL-RAWNAQ NEIGHBORHOOD, 2020-03) Pyvovar, Yurii; Chorna, Viktoriia; Чорна, Вікторія Григорівна; Pyvovar, Iryna; Donenko, Valerii; Bukina, Liliia
    One of the environmental problems in Ukraine, with which are faced residents of territorial communities, is a gradual destruction of forests and the location of various objects of residential or industrial character within their territories. The purpose of the research is to carry out a legal assessment of the situations arising in Ukraine in connection with the transfer of forests to the category of green areas by local selfgovernment bodies. In the paper the model is formulated for carrying out a legal assessment of situations and modelling protection of citizens` rights in forest and land relations that have arisen in connection with the transfer of forests to the category of green spaces by changing the purpose of lands of forest fund into another categories by local selfgovernment bodies. In disputes concerning the implementation of environmental law by citizens (in particular, safe environment), any citizen of Ukraine should be considered a proper plaintiff in court without any restrictions on the territorial relationship (land plot and place of residence of the citizen).
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    Technology application of normative evidence for resolving administrative disputes concerning the operation of small architectural forms and temporary structures
    (Blue Eyes Intelligence Engineering and Sciences Publication, 2019-09) Pyvovar, Iryna; Pyvovar, Yurii; Kuzmenko, Oksana; Кузьменко, Оксана Володимирівна; Chorna, Viktoriіa; Чорна, Вікторія Григорівна; Matselyk, Tetiana
    Under the conditions of decentralization of power in Ukraine, positive changes in the management of cities in the regions of the country, unfortunately, are accompanied by an increase in the number of disputes between citizens (entrepreneurs) and local self-government bodies regarding the operation of small architectural forms and temporary structures. In settling disputes these disputes, there is an ambiguity in the judicial practice of courts of various instances and the legal position of local authorities, that often leads to an imbalance of private and public interests. The general purpose of this article is the formulation of a normatively grounded position, suitable for use in practical activities of local self-government bodies, state bodies, jurists, lawyers and administrative judges on the issues of functioning of small architectural forms and temporary structures that require resolution in the process of municipal and state administration and while the exercising justice. The methodology of the research was based on the use of normative theory of positive law with the use of mainly logical and semantic, comparative and legal methods, as well as the method of legal modeling and sociological survey. The main results of the study are: the definition of inconsistencies of legal acts and regulatory gaps in the mechanism of legal regulation of relations in the sphere of the functioning of small architectural forms and temporary structures; distinguishing normative features of unauthorized objects of urban development; determined the scope and defined the line of competence of local self-government bodies in rule-making and management in the sphere of the functioning of small architectural forms and temporary structures.