Ensuring environmental security, citizens’ life and health under martial law: environmental and legal aspects

Abstract

The article is devoted to the consideration of environmental and legal problems of ensuring environmental safety, realization of environmental rights and satisfaction of interests, use of natural resource potential under martial law. The purpose of the research is a comprehensive study and analysis of environmental legislation considering the imposition of martial law. In view of this, the methodological basis of the article is a complex of general philosophical, general scientific, special scientific and actual legal methods. It is argued that the environmental function of the state to ensure environmental security, environmentally balanced nature management and to maintain environmental balance in Ukraine should be the modern narrative, which will contribute to the formation of a new environmental order under martial law for Ukraine and Europe. The original definition of the state environmental policy under martial law is formulated. It is proposed to improve the compensation system for damage caused by Russia's aggression to the environment, citizens’ environmental rights and interests, as well as to optimize the institutional and legal framework for environmental security under martial law. Based on our own conclusions and summaries, several suggestions and recommendations to improve the current national legislation are provided. It is proved that at the legislative level there should be clear mechanisms for legal protection of environmental rights and interests of citizens during hostilities. It is found that proper ensuring Ukraine sovereignty under martial law is impossible without considering a number of environmental and legal factors: (a) further improvement of the legal framework of the mechanism for the realization and protection of environmental human rights and interests; (b) establishing effective legal guarantees for environmental security; (c) improvement of the legal regime of use, reproduction (restoration) and protection of natural resources and complexes, all natural and resource potential of Ukraine, etc.