LEGAL RESPONSIBILITY IN THE SPHERE OF MINE ACTION IN UKRAINE: THEORETICAL AND PRACTICAL ASPECTS AND PROBLEMS OF LEGISLATIVE REGULATION

The article is devoted to a comprehensive analysis of legal liability in the field of mine action in Ukraine. The author considers the specifics of the application of legal liability to various entities. Particular attention is paid to the analysis of the provisions of the Law of Ukraine «On Mine Action in Ukraine», which provides for liability for offenses in this area. The article reveals a number of legal contradictions and shortcomings of the current legislation. In particular, the issues related to the mechanism of transferring responsibility to the state for cleared territories by issuing relevant certificates are examined in detail. The author notes that this mechanism is declarative in nature, creates certain legal risks and legal uncertainty regarding entities that should be responsible for possible negative consequences. Attention is also focused on the contradiction between this mechanism and the norms on mandatory liability insurance of mine action operators. In addition, the work considers judicial practice as an example of resolving disputes in the field of mine action. Based on the analysis, the conclusion is made about the need to clarify and finalize legislative norms in order to eliminate existing contradictions and increase the effectiveness of legal regulation. The author offers specific recommendations for improving the regulatory framework, in particular, clarifying the wording of the law and harmonizing its provisions. The implementation of these recommendations will contribute to the formation of a clearer and more transparent mechanism of legal responsibility in the field of mine action.

Authors

Publication Details

Journal
National Technical University of Ukraine Journal Political science Sociology Law
Published
2025-08-15
DOI
https://doi.org/10.20535/2308-5053.2025.2(66).337633
Primary Topic
Ukrainian Legal and Forensic Studies
Type
article
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article

LEGAL RESPONSIBILITY IN THE SPHERE OF MINE ACTION IN UKRAINE: THEORETICAL AND PRACTICAL ASPECTS AND PROBLEMS OF LEGISLATIVE REGULATION

O. Botnarenko
National Technical University of Ukraine Journal Political science Sociology Law
Ukrainian Legal and Forensic Studies
article

LEGAL RESPONSIBILITY IN THE SPHERE OF MINE ACTION IN UKRAINE: THEORETICAL AND PRACTICAL ASPECTS AND PROBLEMS OF LEGISLATIVE REGULATION

O. Botnarenko
article en

Abstract

The article is devoted to a comprehensive analysis of legal liability in the field of mine action in Ukraine. The author considers the specifics of the application of legal liability to various entities. Particular attention is paid to the analysis of the provisions of the Law of Ukraine «On Mine Action in Ukraine», which provides for liability for offenses in this area. The article reveals a number of legal contradictions and shortcomings of the current legislation. In particular, the issues related to the mechanism of transferring responsibility to the state for cleared territories by issuing relevant certificates are examined in detail. The author notes that this mechanism is declarative in nature, creates certain legal risks and legal uncertainty regarding entities that should be responsible for possible negative consequences. Attention is also focused on the contradiction between this mechanism and the norms on mandatory liability insurance of mine action operators. In addition, the work considers judicial practice as an example of resolving disputes in the field of mine action. Based on the analysis, the conclusion is made about the need to clarify and finalize legislative norms in order to eliminate existing contradictions and increase the effectiveness of legal regulation. The author offers specific recommendations for improving the regulatory framework, in particular, clarifying the wording of the law and harmonizing its provisions. The implementation of these recommendations will contribute to the formation of a clearer and more transparent mechanism of legal responsibility in the field of mine action.

National Technical University of Ukraine Journal Political science Sociology Law(2(66))
Openalex Percentile: Top 75%
Ukrainian Legal and Forensic Studies
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