НАУКОВІ ДИСКУСІЇ УЧАСНИКІВ ВСЕУКРАЇНСЬКОЇ НАУКОВО-ПРАКТИЧНОЇ КОНФЕРЕНЦІЇ "ПРАВОВІ ПРОБЛЕМИ РАЦІОНАЛЬНОГО ПРИРОДОКОРИСТУВАННЯ, ОХОРОНИ ПРИРОДИ ТА БЕЗПЕЧНОГО ДОВКІЛЛЯ В УКРАЇНІ", ПРИСВЯЧЕНОЇ 100-РІЧЧЮ ВІД ДНЯ НАРОДЖЕННЯ ПРОФЕСОРА В. Л. МУНТЯНА

Land grabbing by corporate entities is a form of structural crime that has a wide impact on land rights, the environment, and social justice in Indonesia. This practice is carried out through various manipulative mechanisms such as falsification of documents, power co-optation, and legal-formal but socially illegitimate land tenure. Unfortunately, the national criminal law framework has not been fully able to reach the complexity of these corporate crimes. This study aims to analyze corporate criminal liability in agrarian crimes with a normative juridical approach through a study of the Criminal Code, UUPA, and PPLH Law. The theory of corporate criminal liability and the concept of piercing the corporate veil are used to connect structural errors in the corporate body with criminal offenses that occur. The results of the study show that there are normative gaps and weaknesses in law enforcement, especially in making corporations the subject of crime effectively. Therefore, it is necessary to integrate criminal, agrarian, and environmental law, as well as the establishment of special criminal norms that are lex specialis in agrarian law. The novelty of this research lies in the offer of reconstruction of corporate criminal law enforcement based on substantive justice. This reform is expected to be able to encourage agrarian sovereignty and the protection of people's constitutional rights

All environmental law and policy, including potential policy governing ocean fertiliza- tion, involves trade-offs between the state of the world's biophysical ecology, by which we mean all of the non-human elements, and the state of the world's human ecology, by which we mean humans and their relationships with one another, including their governance institutions. All rules of gover- nance affect — and only directly affect — human behavior, and through that behavior shape the bio- physical world. All law is an expression of human culture. Legal statutes and rules are those elements of culture that we feel strongly enough about and share enough with each other that we write them down as rules of behavior and create some form of sanction for their transgression. In this paper I will discuss the broad-brush history of human value-based governance with respect to human use of the ocean and the kinds of decisions that face us with respect to the question of ocean fertilization. The general thesis is that ocean fertilization is essentially a 'cultivation' activity, even if done for the pur- pose of carbon sequestration for environmental conservation or market (carbon trading) purposes, and that such 'cultivation' is a new arena for ocean policy and regulation.

Global climate change and environmental degradation due to the exploitation of natural resources have become serious challenges to the environmental legal system in various countries, including Indonesia. One of the cases that reflects the complexity of the relationship between economic, political, and environmental protection interests is the mining activities by PT. Freeport Indonesia in Papua. The company is known to have been exploiting copper and gold mines on a large scale since 1967. This study aims to evaluate the effectiveness of the implementation of national environmental laws, especially Law No. 32 of 2009 concerning Environmental Protection and Management, in dealing with environmental damage caused by Freeport’s activities. Using a qualitative approach and case studies, this study analyzes the dynamics of regulations, institutions, and law enforcement practices in the field. The results show that although normatively Indonesian environmental laws have adopted important principles such as prudence, polluter pays, and public participation, their application is still weak. This is due to the low independence of law enforcement, weak administrative supervision, and a conflict of interest between the state as a regulator and Freeport’s shareholder. In conclusion, national environmental laws are not yet effective in facing the challenges of global climate change if they are still controlled by short-term economic interests. Structural reforms, protection of indigenous peoples, and strengthening law enforcement mechanisms are urgent in bringing ecological justice to exploit-prone areas such as Papua.

Finding an optimal balance of public and private interests in taxation is a task that must be addressed by the state, which seeks not only to increase tax revenues to the budget, but also to create optimal tax conditions for business and production development. Therefore, the analysis of the problems of legal regulation of mineral extraction tax (MET) in the extraction of multi-component complex ores, including the determination of the item and rate of taxation, and the search for their optimal solutions is aimed at improving tax legislation in the context of tax reform. Purpose: to analyse the problems of legal regulation of MET payment for the extraction of multi-component complex ores, including in determining the item and rate of taxation. Methods: empirical methods of description, interpretation; theoretical methods of formal and dialectical logic; specific scientific methods: legal-dogmatic and interpretation of legal norms. Results: the study reveals that there is no definition of the concept of «multi-component complex ore» in the provisions of the legislation on taxes and levies, as well as in sectoral regulations, therefore, it cannot be considered that such an item of taxation is defined and established by the legislator. The letters received by the tax authority from the Federal Agency for Subsoil Use (Rosnedra) are not regulatory acts and cannot be used as a basis for the regulatory authorities’ conclusions during tax audits. The analysis of the law enforcement (judicial) practice since 2002, as well as certain provisions of regulatory legal acts show that polymetallic ores containing non-ferrous and/or precious metals have historically been qualified as complex multi-component ores. Therefore, the authors propose to amend the tax legislation, taking into account the additional characteristics of multi-component complex ores when they are mined.

The principle of strict liability is a legal concept that emphasizes absolute responsibility without the need to prove the element of fault. In the context of environmental law, this principle has an important position as the basis for law enforcement against perpetrators of environmental pollution and destruction. This article aims to conduct a conceptual study of the application of the principle of strict liability in the Indonesian environmental law system, especially within the framework of Law Number 32 of 2009 concerning Environmental Protection and Management (UU PPLH). Through a normative approach, this article analyzes the philosophical, legal, and practical basis of the principle and identifies challenges in its implementation. This study concludes that the principle of strict liability is an important instrument but faces obstacles in the practice of environmental law enforcement in Indonesia.

Стаття присвячена дослідженню теоретичних засад концепції «циркулярної» економіки та становлення її в процесі виробництва та споживання ресурсів, наведені ключові принципи формування циркулярної економіки та пропозиції розвитку моделі циркулярної економіки в промисловості. Охарактеризовано сучасний стан поводження з відходами та проаналізовано показники утворення і поводження з відходами в Україні за останні вісім років. Визначені напрями поводження з відходами та наслідки для українського навколишнього середовища. Наведено найбільш привабливі галузі національного господарства та види економічної діяльності для впровадження циркулярної моделі виробництва. Визначені проблемні питання, що виникають у процесі реалізації циркулярної економіки. Сформовано пріоритетні напрями впровадження циркулярної економіки на промислових підприємствах.

Environmental assessment of water is an integral part of monitoring water bodies. It provides information about water as a component of the aquatic ecosystem, the habitat of hydrobionts and an essential part of the natural environment, which is necessary for establishing environmental standards for water quality and adoption of measures to improve the ecological state of water bodies. Assessment of the quality of the ecological environment is an important parameter of sustainable development, necessary for the rational use of nature. Currently, the Zaporizhzhia (Dnipro) reservoir is exposed to increased anthropogenic impact, which affects water quality. The ecological state of the reservoir is deteriorating, and mass algal bloom is observed. The work aims to provide an integrated environmental assessment of water quality in different sites of the Zaporizhzhia reservoir. The study was conducted in 2019 at 5 sites along the course of the Zaporizke reservoir, which differ in hydrological and hydrochemical conditions: Samara Bay, Festivalnyi pier, Monastyrsky island, creek of the Mokra Sura river and the lower section of the reservoir (near Viyskove village), following generally accepted hydrobiological methods. The article calculates block indices and provides an environmental assessment of the water quality of the Zaporizhzhia reservoir according to the "Methodology for environmental assessment of surface water quality in the corresponding categories. The assessment of water quality by the criteria of contamination with salt composition components indicates that the water body condition is good at most of the studied points. The worst indicators were recorded in Samara Bay, where increased mineralization is observed for a long time. The trophic-saprobological block revealed to have the worst indicators and a high amplitude of index fluctuations. No significant deviations were observed in terms of the content of toxic and radiation exposure indicators throughout the entire studied water area, which makes it possible to assign water to the same class. It has been determined that the water quality of the Zaporizhzhia reservoir according to the average annual data is characterized as "good" in terms of the state and "clean, fairly clean" in terms of purity degree. However, during the study period, significant deviations from the average were observed, especially in the summer. There is a need for systematic monitoring of the reservoir, the establishment of annual dynamics, which will make it possible to determine the causes of deteriorating water quality and develop ways to address them.

Legal support of the use of Industry 4.0 technologies in the field of natural resource management and environmental protection

The fast paced land and housing development projects in Dhaka City since 1980s had generated irregularities in developers’ real estate projects and policy deviations in the Dhaka Metropolitan Development Plan (DMDP). This paper explores the causes of the irregularities and reasons that trapped many buyers in the developers’ unauthorised housing projects and violation of some regulations. The study argues that the untimely promulgation of laws, namely: The Natural Water Body, Open Space, Park/Play Ground Preservation Rule 2000, Private Housing Project Land Development Rules 2004 (PHPLD Rules 2004), and Real Estate Development and Management Act 2010 (REDM Act 2010) could be largely responsible for the present crisis. This paper suggests that modification of the DMDP policies and relevant laws should be urgently undertaken in order to bring about solidity and smooth functioning of the land and real estate market in Dhaka. The study also suggests that an independent assessment agency could be commissioned to assess the situation and minimise the risks of buyers and the irregularities of developers by disseminating the relevant information to respective agencies and concerned persons.

Land Fund in Ukraine is experiencing excessive human impact, which is reflected in its performance exceeding the allowable agricultural development and land structure imbalance. The environmental condition of land resources close to critical. Among the largest land area occupied by agricultural land (71% of which - 76% is arable land). Violation environmentally acceptable ratio of arable land, natural grasslands and forests negatively affected the sustainability of agricultural landscapes. Throughout the widespread land degradation processes, among which the most ambitious is the erosion (about 57.5% of the territory), pollution (20% of the territory), flooding (about 12% of the territory). Sustainable (balanced) land is one of the key factors of sustainable nature of territorial entities and may be formed of a priority, taking into account environmental factors. In ecological optimization based on value criteria ekolohostabilizuyuchyh and anthropogenic pressures lands should necessarily provide for withdrawal of intensive land use, which in its modal properties can not ensure sustainability of land use. However, today in Ukraine within the territories of communities no project development to optimize land use on the basis of sustainable development. Accordingly, the purpose of the article was the study of certain aspects of Land Management sustainable development of agricultural land within the territories of local communities. The current structure of the land fund of Ukraine was actually formed in the Soviet period, under the influence of policies of extensive agricultural development. Violation environmentally acceptable ratio of arable land, natural grasslands and forests negatively affected the stability and condition of land, which is confirmed by relevant research. In such circumstances, balancing the land proposed to carry out in two stages - the ecological and economic. In ecological optimization criteria based on land value necessarily should include withdrawal from intensive land use, which in its modal properties can not ensure sustainability of land use. In this respect, proposed to use as a criterion factor environmental sustainability of land use and anthropogenic load factor. Assessing the impact of land in the sustainability area council, which depends on the stability of agricultural development area, and tillage intensity of land, construction work is characterized by a coefficient of environmental sustainability of land use. Proved that the crucial part of the ecological optimization of land use on the territory of local communities is a balanced structure of land on the basis of ecologically appropriate use. It is important that quality indicators improve the structure of agricultural land in the optimization occurs within the environmental feasibility, increases the stability of land use and contributes to sustainable and balanced agrolandscapes territory. Economic optimization based on the requirements of the environmental is the next stage will determine on the basis of performance indicators such structure of land crops, which will be harmonized achieved high performance, yield and profitability management. Keywords : sustainable development, environmental sustainability, economic optimization, ecological optimization, environmental sustainability factor, the factor of human activity.

Problem setting. The article is devoted to the study of certain issues of correlation between the agrarian and legal categories “digital transformation of agrarian relations” and “innovation activity in the agrarian sector”, and to the disclosure of their legal features. Purpose of the research. The need to differentiate between the categories “digital transformation of agrarian relations” and “agro-innovation activity”, to study their interconnection and to distinguish their legal features is due to the growing relevance of digital technologies in the agrarian sector, the need to implement global sustainable development goals in the agrarian sector and to ensure further development of agrarian legal doctrine, and is aimed at further improvement of legal regulation of these relations. Analysis of recent researches and publications. Leading representatives of agrarian law emphasize that modern agrarian law and agrarian legislation have reached their maximum development on traditional methodological foundations and, as a result, innovative updating of the subject matter of agrarian law is of utmost relevance Article’s main body. At the doctrinal level, it is noted that innovation is not only a new product or service, but also a new technological process, a way of organizing production, changing the structure and creating new markets aimed at meeting the needs of a market segment and obtaining economic benefits. Innovations are systemic in nature, leading to changes at all levels of an agricultural enterprise, as successful implementation requires the interaction of all elements. Leading representatives of agrarian law emphasize that modern agrarian law and agrarian legislation have reached their maximum development on traditional methodological foundations and, as a result, innovative updating of the subject matter of agrarian law is of utmost relevance The need to differentiate between the categories “digital transformation of agrarian relations” and “agro-innovation activity”, to study their interconnection and to distinguish their legal features is due to the growing relevance of digital technologies in the agrarian sector, the need to implement global sustainable development goals in the agrarian sector and to ensure further development of agrarian legal doctrine, and is aimed at further improvement of legal regulation of these relations. The author establishes that legal regulation of relations in the field of implementation of agro-innovations is carried out on the basis of general provisions of legislation, but even under the legal regime of martial law, legislative support for the introduction of innovative technologies into the agro-industrial complex is considered to be one of the priority areas of the State agrarian policy. The article points out the following characteristic, specific features of agrarian innovations, such as a long process of implementation, mostly improvement, dependence on climatic conditions and natural zone, etc. These features distinguish agrarian innovations from innovations in other sectors of the economy. Conclusions and prospects for the development. The author has identified the links between the digital transformation of agricultural relations and innovations, and innovative activities in the agricultural sector, and as a result, the author’s own definition of “digital agro-innovations” is proposed. Particular attention is paid to information and technological agro-innovations as a separate type underlying the digital transformation of relations in the agricultural sector. It is concluded that there is a two-way interaction between digital transformation and innovation in agrarian relations, since the former is becoming a new basis for the functioning and development of the innovation sphere, and the development of innovations demonstrates an acceleration of the pace of development of digital transformation of agrarian relations. At the same time, the author of the article states that digital transformation is a generalized concept, unlike innovation and innovation activity, since the latter are the constituent components of digital transformation of agrarian legal relations which belong to the sub-branch of agro-innovation law in the system of the complex branch of modern agrarian law of Ukraine.

The importance of greening of modern agricultural production in terms of increasing the use of toxic substances of chemical or biological origin, which requires the direction of modern agricultural production in the direction of greening of artificial and natural factors of production, giving these issues extreme relevance. The conceptual and categorical transformation of ecological aspects of agriculture is given, which alternately took the form of the principle of agrarian law first as the principle of greening of labor in agriculture, then – the principle of greening of agriculture, ecological orientation of entrepreneurship in agriculture, and later – greening of agriculture and finally, acquired the formulation of the principle of greening of agricultural legislation. Other variants of the author's positions are also presented, among which the greening of agrarian law or directly the principles of agrarian law, as well as the state agrarian policy are considered. Based on the general nature of the principles, the implementation of which requires implementation in the regulations of the legislation, the priority of formulating the principle of greening of agricultural legislation is substantiated. At the same time, there are examples of greening the content of status agrarian laws, as well as non-«greening» status laws, which indicates the incomplete implementation of this principle in agricultural legislation. An array of functional agrarian laws is analyzed for certain areas of activity, which in quantitative terms and in terms of coverage outweigh the greening of status laws. Keywords: principle, greening, agrarian law, greening of agricultural legislation

As an important spatial carrier of Hong Kong’s economic development, construction land provides a critical site for Hong Kong’s economic and social activities. The development of construction land directly affects the sustainable development of the city. Therefore, analysing the spatial and temporal evolution and driving mechanism of construction land in Hong Kong is of great significance in promoting sustainable urban development. This study aimed to evaluate the evolutionary characteristics and driving mechanism of construction land of Hong Kong in the period 1972–2020. Here, we extract construction land data from 1972 based on the historical map of Hong Kong. Then, we apply ArcGIS Pro and Fragstats software to calculate the rate of land expansion, land intensity, change in the centre of gravity, and landscape pattern index of construction land in Hong Kong from 1972–2020. Analysis shows the following: (1) The expansion of construction land in Hong Kong generally showed the characteristics of “rapid at first and then slowing down”, with 2010 as the peak of the 1970–2020 timeframe. (2) The sources of construction land transfer mainly came from cultivated land, sea areas, and forest land, which were mainly distributed in the New Territories. (3) The centre of gravity of construction land in Hong Kong showed the spatial characteristics of “slowly shifting to the northwest” during the study period, indicating that Hong Kong’s polycentric urban structure has been continuously strengthened. (4) The Spiltting index showed a tortuous upward trend, and the index of Mean Euclidean nearest neighbour distance showed a steady downward trend, which indicated that the landscape connectivity of city construction land steadily increased while the degree of fragmentation gradually increased. (5) The driving factors behind the expansion of Hong Kong construction land comes from population, economic, and traffic factors; the support factors come from location and policy factors; the elasticity factors mainly come from reclamation projects; the resistance factors mainly come from the restrictions of environmental protection departments, NGOs, and relevant laws on land reclamation.

This study aims to examine the implementation of agrarian law in Tomohon City, focusing on land status, challenges in enforcement, the impact on natural resource management, and the role of the community in these processes. The research used qualitative methods, including interviews, observations, and document analysis, to gather data on the current agrarian law implementation. The results indicate that while Tomohon has comprehensive regulations, such as Regional Regulation No. 12 of 2013 on Natural Resource Management, the actual implementation remains limited to specific areas. Coordination between relevant institutions, such as the Land Office, the Environment Agency, and the Public Works and Spatial Planning Agency, is weak, hindering effective land and resource management. Additionally, land use changes, particularly the conversion of agricultural land to residential and industrial areas, have led to agrarian conflicts. Another key challenge is the insufficient supervision of land use, allowing violations of agrarian law, such as unauthorized land utilization. Despite some positive impacts on maintaining agricultural land, land conversion has caused significant environmental damage. Moreover, the community’s understanding of agrarian law is still low, which limits their participation in land and resource management. Based on these findings, this study recommends enhancing supervision, improving coordination between government agencies, and increasing public awareness and participation in agrarian decision-making processes. These efforts are essential to improving agrarian law enforcement and ensuring sustainable land and resource management in Tomohon City. The findings contribute to the development of more effective agrarian policies in both urban and rural areas.

The article defines the problems of current law enforcement practice in the sphere of ship arrests in Ukraine. It also highlights the necessity of forming a unified position of judicial authorities in order to eliminate ambiguous interpretation of legal norms in ship arrest practice. It is noted that very often in the practice of ship arrest within the framework of civil proceedings, the courts of Ukraine apply to the norms of international law. Among the international legal instruments for the arrest of vessels are the International Convention Relating to the Arrest of Sea-Going Ships of 1952 and the International Convention on Arrest of Ships of 1999. However, since Ukraine is not a party to the Convention of 1999, Ukraine is currently subject to the rules of law, which regulate the issues of ship arrest, provided by the Convention of 1952 and chapter 4 “Arrest of ships” of the Merchant Code of Ukraine. It is noted that with the adherence of Ukraine to the Convention of 1952, certain provisions of the Civil Procedural Code of Ukraine concerning exclusive jurisdiction, which were effective from May 16, 2012 until December 15, 2017, were subject to significant changes, and that the current legislation of Ukraine provides for a special procedure for the execution of a court decision on the arrest of a ship. The author also notes that in some cases on the arrest of ships flying a foreign flag, the courts of Ukraine referred to the norms of the Merchant Code of Ukraine, which cannot be applied due to the requirements of Article 14 of the Code. The lack of a general approach in court practice involving ship arrests in order to secure maritime claims indicates the need to form a unified position of the judicial authorities in order to eliminate the ambiguous interpretation of the applicable legal norms