ПРОБЛЕМИ ПРАВОВОГО ЗАБЕЗПЕЧЕННЯ ЕКОЛОГІЧНИХ ПРАВ ГРОМАДЯН В УМОВАХ ВОЄННОГО СТАНУ

Abstract

The article analyzes the issue of the possibility of restricting the environmental rights of citizens in martial law. It is determined that in connection with the introduction of the legal regime of martial law, a number of constitutional rights and freedoms of man and citizen may be limited. At the same time, the environmental rights of citizens were not de jure restricted, but de facto some environmental rights of citizens, which are enshrined in the Constitution of Ukraine, were limited. It is separately established that ensuring the environmental rights of citizens, namely the right to compensation for environmental damage caused to them as a result of illegal actions of the aggressor is impossible without clear and transparent methods of calculation. A positive assessment was given to the implemented methods of calculating the damage to land, soils due to emergencies and / or armed aggression of the Russian Federation. It is emphasized that the method of calculating the damage of fugitive emissions of pollutants or mixtures of such substances into the atmosphere due to emergencies and / or martial law is imperfect due to unreasonable inclusion in the formula for calculating the amount of damage caused by fugitive emissions of pollutants or mixtures substances into the atmosphere due to emergencies and / or during martial law, a factor that depends on the nature of the event. At the same time, it is emphasized that the relevant methods of calculating the damage can be described only positively, because they provide a real opportunity for citizens in martial law to exercise their constitutional environmental right to compensation for environmental damage. It is pointed out that the partial restriction of public access to some open registers containing environmental information externally resembles the restriction of constitutional environmental rights of citizens. It was noted the beginning of a major reform of the state environmental monitoring system, which, among other things, significantly systematizes and streamlines terminology related to environmental information, as well as establishes clear mechanisms for access to it. The conclusions of the study are formulated and the possibility of further scientific research in this area is indicated.