The right to a safe environment: economic and legal guarantees of provision in Ukraine

Abstract

Purpose. Analysis of the theoretical and applied principles and economic and legal status of ensuring guarantees of the right to a favorable environment (GRFE), identification of legal norms in this area that require clarification and development of recommendations for their improvement. Methodology. The research used the dialectical methods to identify the need to change the conceptual legal basis of the GRFE. The hermeneutic method was used to establish normative links between the right to a safe environment and other human rights; formal and legal method – for provision of an additional GRFE instrument appeal to the International Criminal Court in the matter of environmental crimes in wartime. The systemic-structural method was applied to propose delictual legal links between the norms of environmental law and the norms of other branches of law, where the mechanisms for ensuring the GRFE are formed. The method of analysis and synthesis was to establish the fact that the possibility of implementation of the GRFE should be a component not only of environmental, but also of national security of the state. Findings. It is proposed to strengthen the imperative character of the legislative GRFE norms; establish regulatory links between the right to a safe environment and other human rights; to establish delictual legal links between the norms of environmental law and the norms of other branches of law, where the mechanisms for ensuring the GRFE are being formed; to strengthen the effectiveness of legal norms in this area. Legal measures are suggested to strengthen the GRFE and mechanisms which ensure the ability of citizens to realize the right to a favorable environment. It is noted that the possibility to implement the GHBD should be a component not only of environmental, but also of national security of the state. Originality. It is proposed to change the conceptual legal basis of the GRFE, directing it to the maintenance of natural balance, as a prerequisite for ensuring the quality of life. Practical value. The legal norms related to the GRFE, which can lead to legal conflicts, have been identified and ways of solving these problems have been proposed.