The EU Green Deal and the Principle of Proportionality as the Main Principle of Environmental Safety

Abstract

This article examines approaches to understanding the principle of proportionality in the context of balance between private and public interests in the use of natural resources in accordance with the legislation of the EU and Ukraine. It was established that, in general, in the conditions of the integration of modern legal systems and the existing convergence of legal systems, the formation and establishment of the science of comparative jurisprudence is becoming increasingly relevant. However, in order to optimally understand the content of the principle of proportionality in the use of natural resources, it is advisable to outline the key aspects of the EU’s environmental policy. According to EU legislation, when making managerial decisions in the field of environmental protection, the principle of proportionality between public and private interests, enshrined in the Aarhus and Stockholm conventions, must be observed. However, it was established, according to the legislation of Ukraine, that the principle of proportionality in the use of natural resources is not observed. It was concluded that the normative consolidation of the principle of proportionality as a prospect for the development of the national legislation of Ukraine establishes the imperative of the State’s ability to achieve a balance of private and public interests in general, and in particular, in the field of ecology.