Довкіллєве правосуддя в Україні та світі

Abstract

The article is devoted to the study of domestic and foreign trends in environmental justice. To solve the set goal, the following research methods were used, in particular: the method of scientific observation is to form the topic and purpose of the research; comparative legal method in the study of foreign experience of environmental justice; logical method – for theoretical generalization and formulation of research conclusions. The main models of environmental justice that exist in the world include such as consideration of environmental cases by courts of general jurisdiction, consideration of environmental cases by judges specializing in environmental issues or specialized environmental divisions of courts, consideration of environmental cases by specialized environmental courts. Environmental courts, as specialized judicial authorities, deal with the resolution of environmental conflicts and the protection of the environment and function in particular in countries that are members of the European Union, such as Sweden and Austria. In Ukraine, environmental justice is carried out in the form of civil, economic, administrative and criminal proceedings. At the same time, civil, economic, administrative and criminal cases in the environmental sphere differ among themselves in terms of the type of offense, the subject of the dispute, the composition of subjects, etc. Judicial practice in the environmental sphere covers a wide range of environmental relations, in particular on atmospheric air protection, land protection and use of land resources, subsoil protection and use of minerals, protection of forests and use of forest resources, protection and use of territories and objects of the nature reserve fund, access to environmental information, waste management, etc. Environmental justice in Ukraine may be limited to the functioning of certain specialized environmental units in courts, or involve the formation of a system of specialized environmental courts throughout the country, including a higher specialized court. At the same time, the implementation of environmental justice will be more or less time-consuming and costly (depending on the model chosen for implementation).