Introduction of the position of the Commissioner for Environmental Human Rights in Ukraine taking into account the increase in negative factors affecting the state of the environment

Abstract

The article examines theoretical and legal issues related to the need to introduce the institution of the Commissioner for Environmental Rights in Ukraine. In order to clarify this issue, the legislation of Ukraine and international legal acts, the provisions of which relate to environmental human rights, are analyzed. In addition, the authors researched the foreign experience of various models of the implementation of the position of the environmental ombudsman – the USA, Great Britain, Austria and the Republic of the Philippines. Taking into account the increase in factors influencing the state of the environment, the issue of protecting violated human environmental rights is becoming increasingly important. It is especially important to ensure the protection of environmental rights in the period of martial law in connection with the mass of their violation by the aggressor state. The issue of the relationship between the environment and human rights is considered. The article proposes the introduction of the position of the Commissioner for Environmental Rights in Ukraine with the definition of his main tasks, in particular: the implementation of the state environmental policy and strategies for the sustainable development of regions in the field of environmental protection, the implementation of monitoring in order to detect violations of environmental human rights, the initiation of the investigation of committed violations in the absence of a statement from other individuals or legal entities about offenses, taking measures to prevent violations of environmental human rights, conducting educational and educational events for individuals and legal entities. Additionally, the grounds for the presence of regional representatives of the Environmental Ombudsman have been established. Attention is drawn to achieving the goal of sustainable and green economic development, taking into account climate goals, as well as protection of legal foundations, including environmental and social components.