PROBLEMATIC ASPECTS OF REGULATORY SUPPORT FOR THE ADOPTION OF ORDERS BY LOCAL STATE ADMINISTRATIONS IN THE FRAMEWORK OF PUBLIC ADMINISTRATION OF THE NATURE MANAGEMENT SECTOR

Abstract

The article deals with identifying problematic elements of regulatory support for the adoption of orders by local and state administrations in the context of public administration in the nature management sector and suggests ways to make it better. Attention is focused on the problem of determining the range of tools necessary for the implementation of certain powers of local state administrations, to find out the state of normative and legal regulation of the realisation of regulatory powers by local state administrations, to establish the grounds for the adoption of normative and legal acts by them and to determine which public tasks are performed by them exclusively with the help of this public administration tool. For the aforementioned purposes, legislation and practice materials on the implementation of the authority to establish protected zones for the conservation of biodiversity in forests, the setting of limits on the use of forest resources, the setting of maximum standards for the free collection of wild herbal plants, flowers, and berries, and the setting of restrictions on the use of natural objects, in particular forests and wildlife objects, were analysed. As a result of the research, it was found that the regulatory framework and the implementation of the function of regulatory regulation by local state administrations in practice are at an inadequate level primarily due to the presence of gaps in the current legislation and non-compliance by public authorities with the requirements of the law on the approval of the necessary procedures for their activities. It is noted that the aforementioned issues call for changes and additions to the law, which should be encouraged by the executive authorities, particularly through the implementation of a normative initiative, as well as by the president or the National Security and Defence Council of Ukraine by giving the executive authorities pertinent recommendations and instructions. The need for proper control over the activities of the subjects of normative powers was emphasized, which would allow the identification of unfulfilled or improperly fulfilled obligations.