Problems of access to justice in the protection of environmental rights Cover Image

Проблеми доступу до правосуддя при захисті екологічних прав
Problems of access to justice in the protection of environmental rights

Author(s): Tetjana Ermolaeva
Subject(s): Law, Constitution, Jurisprudence, Environmental and Energy policy, Human Ecology, Environmental interactions
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: Environmental rights; justice, strategic litigation; environmental organizations;

Summary/Abstract: In the scientific article the main problems that hinder properly protect environmental rights in court are considered: the presence of an exhaustive list of grounds for appeal to the courts environmental organizations, that are limited according to international standards. Another problem relates to the legal ignorance of citizens on how to protect environmental rights and their irrational use, abuse of the law in some cases. Prevents the realization of environmental rights the interests of others, improper investigation of the case by the court. Another aspect that prevents qualitative access to justice is ignorance of citizens in the proper formulation of the claim, thus the courts make decisions not in favor of those whose environmental rights violated or denied the opening of the proceedings. It is advisable to enable citizens to apply for legal aid centers providing primary legal aid from the state budget (for lawyers providing explanations, advice, preparation of legal documents), as the environment and citizens’ rights – a line of action in which the first all Ukraine state concerned. The issue of environmental protection of human rights,the preservation and restoration of natural resources on the principles of sustainable (environmentally sustainable) Nature should be regarded as one of the priorities and an important precondition for the European integration of Ukraine. Thus, environmental rights, and above all the constitutionally enshrined right to safe living environment and health must defend. After all, the quality and duration of life depend on Ukrainian Ecology.

  • Issue Year: 2017
  • Issue No: 137
  • Page Range: 92-100
  • Page Count: 9
  • Language: Ukrainian