НАБЛИЖЕННЯ ПОНЯТЬ ЕКОЛОГО-ПРАВОВОГО ЛІМІТУВАННЯ СКИДАННЯ РЕЧОВИН ЗАКОНОДАВСТВА ЄС ТА УКРАЇНИ

Abstract

The article examines the ecological and legal sub-institute of regulation of pollutant discharges (RPD) into surface waters of the European environmental legislation and compares it with a similar in the Ukrainian legislation. RPD as the element of the institutional structure of water legislation is the most effective in terms of impact on water quality. It is determined that the legislative core of the RPD is created by the requirements to limit discharging (emission) substances into water, in particular, from point sources of discharge, that is by the limiting regulation. The relation revealed between conceptual and categorical apparatuses of the RPD in the sources of environmental legislation of EU and Ukraine. Priority steps for approximation of Ukrainian RPD ecological and legal concept to European one are proposed, and the changes of some terminologically incorrect translations are given. To approximate both legislations it was identified the sources of general and special requirements (norms) which relevant to the RPD. The analysis found that in the EU legislation the set of directives relevant to the RPD includes four general and four specific ones. In Ukrainian legislation, two laws and six bylaws considered as general and six laws considered as special ones are relevant to the RPD. The part of conceptual apparatus is considered, which refers only to the general requirements as from EU, as from of Ukrainian legislation, and this part is formed by both norms-

definitions and concepts in different articles. The method of comparative research used, which based on a system analysis of the distribution of polluting influence in the structure of the chain of action caused by emitted substances on the composition and properties of surface waters. The chain of polluting influence includes nine situational structural elements (segments). It is determined that important concepts that are absent in the Water Code of Ukraine and are subjected to reception during the approximation to EU legislation are the following: “priority substance”, “specific substance”,          “combined

approach”, “best available technique”, “mixing zone” and “environmental quality standard”. It is claimed that the mixing zone in the water body, which directly adjacent to discharge of the pollutant and where is the most significant change in its concentration, is the object of legal relations in the field of environmental safety of water use.