Biological diversity as an object of environmental legal relations in the field of conservation and sustainable use

Abstract

Peculiarities of legal regulation of legal relations in the field of conservation and sustainable use of biological diversity are considered. The provisions of national and international legislation in this area have been studied, as well as the meaning of the terms «biological diversity» and «sustainable use of biological diversity» from the point of view of law. From the standpoint of law, the program documents are analyzed, based on the provisions of which the state policy in the field of conservation and use of biodiversity is formed, as well as the place of norms on conservation and sustainable use of biodiversity in the environmental legislation of Ukraine. The necessity of developing a single categorical-conceptual apparatus in the field of regulation of relations on conservation and sustainable use of biological diversity is substantiated. It is established that the legal regulation of conservation and sustainable use of biological diversity is provided mainly by national programs, strategies and other policy documents, and ensuring the requirements of conservation and sustainable use of natural, spatial, species, population and coenotic diversity of biodiversity components. It is noted that the term «biological diversity» and its species (spatial, species, population and coenotic diversity (depending on the level of organization)) are used mainly in setting legal requirements for the protection, use and reproduction of certain natural resources. in order to uniformly apply the term «biodiversity» and understand its meaning, its definition should be introduced into national legislation at the level of natural resource laws. It is also considered necessary to include basic terms, including the concept of «biological diversity», in the future Environmental Code. At the same time, relations in the field of biodiversity (its components) should be considered in the context of its sustainable use as part of a more global concept of sustainable development, where the principle of rational use of natural resources is a key condition for sustainable economic and social development.