Publication date: 11.06.2024
Protection of Environmental Rights of Citizens at the Local Level: Legal Mechanisms and Practice
Introduction
Protecting the environmental rights of citizens is an important component of modern state policy aimed at ensuring sustainable development and high quality of life. In Ukraine, environmental safety issues are regulated at the state and local levels, which allows for the specifics of each territory to be taken into account. In this article, we will analyze the legal mechanisms for protecting citizens' environmental rights at the local level and the practice of their implementation.
Legal basis for the protection of environmental rights of citizens
The legal regulation of citizens' environmental rights in Ukraine is based on the following regulations:
The Constitution of Ukraine:
- It guarantees the right of everyone to an environment safe for life and health (Article 50), as well as the right to receive compensation for environmental damage (Article 13).
The Law of Ukraine "On Environmental Protection":
- Establishes the basic principles of environmental policy and mechanisms for protecting environmental rights.
The Law of Ukraine "On Local Self-Government in Ukraine":
- Defines the powers of local governments in the field of environmental protection, including control over compliance with environmental legislation.
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The Law of Ukraine "On Environmental Expertise":
- Regulates the environmental assessment of projects that may have a significant impact on the environment.
The Law of Ukraine "On Strategic Environmental Assessment":
- Establishes a procedure for assessing the environmental impact of plans and programs.
The Law of Ukraine "On Environmental Impact Assessment":
- Defines mechanisms for assessing the environmental impact of activities and public participation in this process.
Mechanisms for protecting environmental rights at the local level
At the local level, the protection of citizens' environmental rights is realized through several main mechanisms:
Environmental control:
- Local governments monitor compliance with environmental norms and standards in their respective territories. This includes inspections of enterprises, monitoring of water, air and soil conditions.
Environmental information:
- Citizens have the right to access environmental information provided by local governments through official websites, newsletters, and public hearings.
Public hearings and discussions:
- Local communities are involved in decision-making on environmental issues through public hearings and discussions. This allows us to take into account the opinion of citizens in planning and implementing environmental projects.
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 public has the right to participate in these procedures.
Practice of environmental rights protection
In practice, the protection of citizens' environmental rights at the local level in Ukraine has the following features:
Active participation of the public:
- Civil society organizations and initiative groups are actively involved in environmental control, filing appeals to the authorities, conducting their own research and monitoring the environmental condition of the territories.
