Publication date: 09.06.2024
Protection of Environmental Rights in Land Relations: Legal Mechanisms and Practice
Introduction
The protection of environmental rights in land relations is a topical issue in the context of sustainable development and environmental safety. In Ukraine, with its considerable agricultural potential, it is important to have an effective legal framework for the protection of environmental rights for both individuals and society as a whole. In this article, we will analyze the main legal mechanisms for the protection of environmental rights in land relations and practical aspects of their implementation.
Legal framework
The main legal acts regulating the protection of environmental rights in land relations are:
- The Constitution of Ukraine guarantees the right of everyone to a safe environment for life and health.
- The Land Code of Ukraine contains provisions on land protection and its rational use.
- The Law of Ukraine "On Environmental Protection" defines the legal, economic and social framework for environmental protection.
- The Law of Ukraine "On Environmental Expertise" regulates the conduct of environmental expertise on projects that may affect the environment.
- The Water Code of Ukraine, the Forest Code of Ukraine, and the Subsoil Code of Ukraine regulate the use and protection of water, forest resources, and subsoil, which are an integral part of land relations.
Main legal mechanisms for the protection of environmental rights
Environmental expertise and environmental impact assessment:
- Environmental impact assessment and environmental impact assessment are mandatory for projects that may have a significant impact on the environment.
- The conclusions of the environmental assessment are the basis for making decisions on granting permits for certain types of activities.
Permitting system for the use of natural resources:
- Obtaining permits for the use of land plots for certain types of activities (e.g., mining, construction) requires compliance with environmental regulations and standards.
Monitoring and control over the state of land resources:
- Government authorities monitor the state of land resources and control compliance with environmental norms and standards.
- The measures include audits, inspections and sanctions in case of violation of environmental standards.
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The right to access environmental information and participate in decision-making:
- Citizens have the right to access environmental information, including data on the state of the environment and the impact of various activities on it.
- The legislation provides for public participation in decision-making on environmental issues.
Judicial protection of environmental rights:
- Citizens and public organizations have the right to go to court to protect their environmental rights.
- The court practice includes cases on compensation for environmental damage and prosecution for violation of environmental regulations.
