Normalization as a means of legal regulation in the field of ambient protection

Abstract

Globalization of ecology problems causes a necessity to take
steps to protect environment at supranational and international levels. In this
connection an urgent need of today is the study of experience of foreign countries in
legislative regulation of environment protection problems and search of ways to
improve domestic mechanism of environmental law, particularly, in the field of
ambient air quality formation.
Recent research and publication analysis. Experts who studied various
aspects of environmental law space in EU and other foreign countries were, for
instance, such scholars as N.R. Malysheva, V.I. Lozo, A.P. Hetman, O.P.
Myroshnychenko, Yu.S. Shemchushenko, M.M. Mykiyevych, A.O. Andrusevych,
N.V. Pakhomova, O.K. Vyshniakov,O.L. Dubovyk, P.A. Kalinichenko, L. Kremer,
etc.
Paper objective. Issuing from scientific theoretical and practical importance of
the subject, the objective of the present paper is analysis of legal foundations of air
quality regulation in European Union and other foreign countries, comparative
analysis with the provision of national legislation in this field and search of ways how
to improve national legislation by borrowing positive experience.
Paper main body. Ambient air quality standards are determined on the basis
of special principles applicable to all problems regulated by EU environmental law:
consideration of effects, universal character, practical attainability, best available
technologies, “polluter must pay” and comprehensive approach. Much attention is
paid to ambient air quality by World Health Organization. Thus, in 2000
Recommendations on Air Quality in Europe were issued (hereinafter
Recommendations 2000, and in 2005 they were supplemented by WHO Air Quality
Recommendations Relating to Solid Compounds, Ozone, Nitric Dioxide and Sulfur
Dioxide. One of basic EU documents in the field of ambient air protection and its
quality regulation is Directive 2008/50/EU Ambient Air Quality and Cleaner Air for
Europe aimed to ensure peoples’ health protection at local level, in member countries
and in total European Union by opposing pollutants exhaust at sources of their origin.
Interesting aspect is the relation between terms “standard” and “norm”; the analysis
of legislative provisions shows a certain identification of these concepts, even some
synonymy between them.
On a par with study of European doctrine in ambient air quality regulation, we
treat as feasible a study in experience of other foreign countries in this field, such
as United Kingdom, United States of America and Australia. In UK ambient air
quality is regulated in accordance with The Air Quality Strategy of 2007, by
specifying target values of air quality. US Clean Air Act of 1990 introduces a system
of ambient air quality standards consisting of primary and secondary standards. In
Australia standards of ambient air standards established in 1998 are valid, wherein
each normalized parameter has an averaging period and maximum number of cases
when it may be exceeded for each year.
Conclusions of the research. Ukrainian ambient air quality protection
legislation partially meets the requirements of legislation of foreign countries.
In particular, the basic pollutant substances are regulated in Ukrainian legislation as
well as abroad. However, in spite of sufficiently branched system of ambient air
quality regulation, not all aspects yet fully conform to the requirements of foreign
legislation.
Thus, urgent necessity exists in further introduction of legislative experience of
EU and foreign countries in the field of ambient air quality to attain total concord
between domestic Ukrainian legislation and European and world legal standards.