The practice of judicial protection of environmental rights in Ukraine: problems and prospects

Abstract

The scientific article is devoted to the study of the practical experience of judicial protection of environmental rights. The article defines the main concepts in the field of protection of environmental rights of citizens: “ecological rights”, “judicial protection”, “ecological policy”, “judicial protection of environmental rights” and other concepts in the context of the conceptual and categorical apparatus of the subject of research. The scientific article contains an analysis of the norms enshrined in the current legislation of Ukraine regarding the judicial protection of environmental rights of communities and the separate protection of environmental rights of citizens. The peculiarities of the practice of consideration by Ukrainian courts of cases regarding the violation of the environmental rights of citizens are given. The methodology of researching issues of environmental rights of citizens is given. The information policy of the state in the sphere of protection of environmental rights of citizens is defined. The peculiarities of the legal doctrine in the field of judicial protection of citizens’ environmental rights and the protection of citizens’ environmental rights in general are indicated, as well as the proposals of scientists in the field of law to improve the regulatory regulation of citizens’ environmental rights, as well as to improve the practice of judicial protection of citizens’ environmental rights. Peculiarities of normative and legal regulation of the sphere of judicial protection of citizens’ environmental rights have been studied. The environmental rights and obligations of individuals and legal entities in the field of protection of environmental rights are defined, and the responsibility of legal entities and individuals in terms of violation of environmental or nature protection legislation is defined. The importance of increasing the level of ensuring the realization of the environmental rights of citizens in Ukraine by implementing an effective state information policy, improving the legal regulation of ensuring judicial protection of the environmental rights of citizens, and forming an environmental policy to prevent violations of the environmental rights of citizens was emphasized.