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Civil society as the subject of formation of state policy in the sphere of subsoil use and protection

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Category: Economy and Management

Last Updated on 07 January 2019

Published on 26 December 2018

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Authors:

O.P.Vasylchenko, Dr. Sc. (Jurid.), Assoc. Prof., orcid.org/0000-0002-4464-3708, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

O.S.Lotiuk, Dr. Sc. (Jurid.), Assoc. Prof., orcid.org/0000-0001-7119-754Х, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

N.Y.Gut, Cand. Sc. (Jurid.), Assoc. Prof., orcid.org/0000-0002-6984-6245, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Abstract:

Purpose. To reveal the peculiarities of the constitutional principles of equal partnership of the civil society and the state in formation of state policy of use and protection of mineral resources as objects of property of the Ukrainian people. To analyse the interaction of civil society and state, to formulate the controlling functions of civil society institutions in mineral resources usage, as well as to determine the forms of participation and control of civil society institutions in the use and protection of mineral resources.

Methodology. The authors have applied the structural and functional method, as well as the comparative legal method, the historical retrospective method, the formal dogmatic method, the concrete sociological method. The authors accentuate the necessity of using the institutional research method.

Findings. The authors have considered the development of the civil society in Ukraine at the beginning of the 21^st century, drawing a conclusion that the civil society development is based on an essentially modified system of constitutional values. Every victory gained by the civil society over the state authorities’ inaction is followed by new principles of interaction of the civil society and the state. It is suggested that development of the state policy in use and protection of mineral resources should be based on the anthropocosmism principle being transformed, in modern science terms, into the Mental Universe paradigm. In conformity with the anthropocosmism principle, the state is to act solely for the benefit of the man of the future, by way of all-round assurance of priority of his rights, freedoms and lawful interests in public administration activity. The property, mineral resources in particular, cannot be used to the damage of man and society. The authors have determined that the granting of supervisory powers to civil society institutions stipulates an opportunity of influencing the state policy, with the goal of protecting the lawful interests of the people as a mineral resources owner.

Originality. There has been developed a system of forms for participation of civil society institutions in the use and protection of mineral resources. The forms of participation include: citizens’ appeals, preparation and initiation of adoption or repeal of statutory acts, peaceful meetings to influence the decision making by authorized bodies of public administration, professional representation of society’s interests in public authorities. There have been singled out basic forms of control by the civil society and its institutions over the state authorities and local self-government bodies: expertise of efficiency of decisions made by public administration; training of consultancy and expert bodies and commissions created in cooperation with the public administration, with the goal of considering the public opinion in formation of state policy in the use and protection of mineral resources; submission of expert suggestions to public administration bodies.

Practical value. The results obtained allow determining the efficient forms of participation and control of civil society and its institutions in exercising the rights of the mineral resources owner, in particular ownership, use and disposal of mineral resources. Civil society institutions, in the name of the Ukrainian people, exercise the rights of the mineral resources owner, within the limits stipulated by the Constitution and the Laws of Ukraine. At the same time, they provide for the social control over the activity of state authorities and local self-government bodies. Such a complex and systemic approach to the role of civil society institutions leads to strengthening their influence on making socially important decisions in the use of mineral resources, as well as protection against illegal infringement by the state and other subjects. It is proposed to consolidate the approach by adding the following statement to Article 13 of the Constitution of Ukraine: “The civil society and the state of Ukraine are equal partners in assuring and protecting the rights of the people of Ukraine as the owner of the land, its mineral, water and other natural resources”.

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