Ecosystem approaches in the practice of national enforcement

Abstract

The article is devoted to current problems of ecology and enforcement. Ukraine is not a member of the EU, which makes it impossible to directly apply EU norms in national enforcement practice. However, having been ratified the Association Agreement between the European Union and the European Atomic Energy Community and their member states, of the one part, and Ukraine, of the other part is a full-fledged part of the national legal order, which outlines a range of key issues, in particular, the standards that appear before national legislation as a challenge to cooperation on environmental protection issues, and adaptation to EU legislation. The agreement envisages the strengthening of environmental protection activities through the improvement of the health care system, the preservation of natural resources, the improvement of economic and environmental protection efficiency, the integration of environmental policy into other areas of state policy, as well as the increase of the level of production thanks to modern technologies, which will have positive consequences for citizens and enterprises in Ukraine and the EU. As well as the issue of harmonization of legislation on environmental protection, including the implementation of the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention), which provides for the involvement of the public in the decision-making process on environmental issues and guarantees access to justice for person and public organizations when environmental legislation and/or provisions of the European Convention on Human Rights are violate.
 The need to analyze domestic judicial practice on environmental legal relations in various jurisdictions is extremely urgent. The application of international ratified documents, in particular the Aarhus Convention, is precisely the source of law that, firstly, opens wide public access to appeal procedures; secondly, it is the legal basis for resolving disputes about compensation for damage to the environment; thirdly, it makes impossible the limited interpretation of the current national legislation of Ukraine, regarding the right to appeal to the court for the protection of an interest protected by law in the sphere of guaranteeing environmental safety; fourthly, guarantees the right to appeal to the court of an unlimited number of persons (can be exercised by citizens personally or jointly through the association of citizens), and the resolution of disputed environmental-legal relations, i.e. those are public; fifth, guarantees the subject of the law access to the court without discrimination based on his actual location or actual center of activity; sixth, it affects the formation of established legal practice in environmental disputes.