Problems of realization of the right to a safe environment for life and health under martial law

Abstract

The article is devoted to the study of problematic issues of realization of the right to a safe and healthy environment in the context of military aggression by the russian federation. It is emphasized that on February 24, 2022, the russian federation launched a war of aggression against the independence and territorial integrity of Ukraine, which is accompanied by the leveling of international humanitarian law, destruction of economic and natural resources, civilian and critical infrastructure, as well as numerous cases of violations of the environmental rights of Ukrainian citizens, in particular the right to a safe environment for life and health.
 The author formulates the features of the right to a safe environment for life and health: 1) it belongs to the complex of environmental rights; 2) it is enshrined in the Constitution and laws of Ukraine; 3) it applies to all persons, without reference to the citizenship of Ukraine; 4) it is realized by a person in order to satisfy his or her vital and physiological needs; 5) it is inalienable; 6) it acts as an opportunity for any person to satisfy his or her vital and physiological needs; 7) its realization does not require active actions on the part of citizens; 8) it is protected and defended in accordance with the procedure established by law.
 It is emphasized that the aggressor country resorts to nuclear blackmail, land contamination, pollution of soil, water, air, nature reserves, destruction of flora and fauna, which leads to violation of the provisions of the Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques, Additional Protocol to the Geneva Conventions of 12.08.1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I).
 The documented crimes committed by the russian federation outlined in the article make it impossible to properly exercise the constitutional right to a safe environment for life and health, and Ukrainian citizens are unable to fully use environmental facilities and meet their own physiological needs with their help. The real extent of damage to the environment and the related long-term impact on public health from russian aggression can be assessed only after the war ends and all the territories of Ukraine are fully de­occupied.