Принципи правового регулювання сортової діяльності в рослинництві

Abstract

THE PRINCIPLES OF LEGAL REGULATION OF VARIETAL ACTIVITIES

IN PLANT GROWING

A. M. RADCHENKO, PhD student

National University of Life and Environmental Sciences of Ukraine

It should be noted that in modern science Agricultural Law considerable emphasis to the scientific understanding and practical issues and very little attention is paid to the fundamental questions of legal theory, in particular the principles of legal regulation of social relations. Yes, today there is no clearly defined principles of legal regulation of high-quality crop. After all, high-quality plant resources play a special role in economic and social development of Ukraine, especially in the stabilization and increase crop production as the basis of food security. Accordingly, separation the basic principles of legal regulation of varietal activities in plant growing has not only theoretical but also practical importance and will understand the essence of the legal institutions of crop production, such as breeding and seed production.

In domestic and foreign legal science is not divided enough attention to research the basic principles of legal regulation of varietal activities in plant growing. However, it should be noted that a number of authors were invited illustrative list of principles of legal regulation of breeding and seed production, which are based on plant variety, and made their theoretical justification. The mentioned issue devoted to the work of famous scientists like: Z. Biloshkurskoyi, N. Kuzmina, V. Levchenko, V. Lebedev, N. Puhonty, V. Sinelnikov.

Thus, a comprehensive understanding of the theoretical principles of legal regulation of crop varietal is one of the most important tasks of science of agricultural law of Ukraine.

The purpose of the article is to define the basic principles of legal regulation of varietal activities in plant growing.

Thus, based on the study of the principles of legal regulation of breeding, seed production, particularly agricultural law can highlight the following principles of legal regulation of varietal activities in plant growing :

1) the principle that the needs of population and industry safe and high-quality varietal seeds

2) the principle of minimizing the negative impact of varietal activities on human health and the environment;

3) the principle of improving the efficiency of state regulation of varietal activities ;

4) the principle of openness of information at all stages of varietal activities;

5) the principle of accounting features of varietal activities;

6) the principle of equality of participants of varietal activities;

7) the principle of warranty of safety and the protection of human subjects of varietal activities different branches of law;

8) the principle of priority of varietal activities to other areas of agricultural production.

So, we believe that further improvement of legal regulation of activities in varietal crop of the above-mentioned principles need to be enshrined in law. After all, the proposed list of principles is objectively reflects the current trends in varietal development activities and has particular relevance for the further design of a holistic mechanism of legal regulation in this area.