LEGISLATIVE PROVISION OF PHYTOSANITARY MEASURES OF BIOTECHNOLOGICAL NATURE

Abstract

Introduction. The relevance of the problems of forming effective phytosanitary legislation is only gaining momentum, as the new environmental goals announced by the EU in its political and legal Green Deal course point to another prospect of reforming phytosanitary rules. In these conditions, it is extremely important for Ukraine to determine the real state of its phytosanitary legislation, its problematic and positive signs, to identify optimal ways of further improvement, taking into account the needs of guaranteeing food security, protecting the interests of agricultural producers, society and future generations. phytosanitary measures of biotechnological nature in the context of EU requirements. The purpose of the article is to study the state of legislative support for phytosanitary measures of a biotechnological nature in agriculture, to identify shortcomings and gaps in legislation in this area, to study international legal acts in the field of biosafety. Materials and methods. The materials of the research are normative and legal support for the regulation of the use of phytosanitary measures of a biotechnological nature, as well as the work of domestic and foreign authors who conduct their scientific and practical research in the areas of the application of phytosanitary measures and the use of biotechnology in the agriculture of Ukraine. Philosophical (general scientific) and separate scientific methods of cognition were used in the process of researching the legislative provision of phytosanitary measures of a biotechnological nature, in particular, the method of system- structural analysis, historical, comparative-legal methods, logical-structural and other scientific methods of researching legal phenomena. The system-structural method is applied to research the concepts of biotechnological and biological methods of achieving phytosanitary safety, definition of the concept of biotechnology. The application of the historical method of researching legal phenomena made it possible to analyze the retrospective aspects of the formation of legal regulation of the use of phytosanitary measures of a biotechnological nature in the agriculture of Ukraine. The formal-logical method was used when building the structure of the research, when presenting the main provisions, formulating definitions and categories, substantiating conclusions and recommendations. Agrarian and environmental legislation and the practice of its application were studied using the formal-logical method. The comparative legal method was used to study different scientific approaches to the content and form of legal regulation of the application of phytosanitary measures of a biotechnological nature under the law of Ukraine, the WTO and the EU. The formulation of the conclusions and proposals contained in the scientific study is made using the method of dogmatic (logical) analysis and interpretation of legal norms. Results. The scientific publication reveals the meaning of the concept of biotechnology, biotechnological and biological methods of achieving phytosanitary safety and establishes their differences. A review of normative legal acts in the field of application of biotechnology in Ukraine was carried out. It was established that the international legal regulation of the use of GM technologies to solve phytosanitary problems has certain limitations. An analysis of the domestic legislation that regulates the relations of creation, circulation and use of GMOs was carried out and the existence of two main principles of regulation of these legal relations was established: mandatory state registration and labeling. Conclusions were made regarding the inconsistency of the actual relations with the use of genetically modified plants with the state of domestic legislation in this area, which is characterized by the lack of mechanisms to ensure traditional and organic agriculture from the possible negative impact of genetically modified plants; construction of the entire legal regulation of GMO handling on only two key legal bases: state registration and labeling. Discussion. In further scientific research, it is proposed to focus attention on establishing the conformity (non-conformity) of the actual relationship with the use of genetically modified plants to the state of domestic legislation in this area.