The right to access to environmental information in Ukraine under the conditions of the legal regime of martial law

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The article is devoted to the study of legal regulation of the right to access to environmental information under the legal regime of martial law based on the analysis of international and national legal acts. The authors emphasise the particular negative impact of military operations on the condition of the environment. The authors point out the need to record these negative consequences and properly inform the public about them. The authors state the problem of the simultaneous need to protect national security and the right of citizens to environmental information. It is noted that national legislation not only enshrines the right of citizens to have access to environmental information, but also directly establishes the corresponding obligation of authorised entities to provide environmental information. The article analyses the Aarhus Convention and the possibility of denying access to environmental information for the purposes of national defence or state security. Attention is paid to international experience in ensuring access to information on the condition of the environment during armed conflicts. The authors conclude that the right to access to environmental information is an integral part of the right to a safe environment and is a basic right of every person guaranteed by both national and international law. However, under the legal regime of martial law, strategic information, which may include environmental data, can be used by the enemy. This requires a cautious approach to what information can be made available to the public and how to ensure security without limiting the right to environmental transparency. Although the current Decree of the President of Ukraine ‘On the Implementation of Martial Law in Ukraine’ does not provide for any specific restrictions on the right to environmental information during a special period, the state faces the need to balance the necessity to ensure national security and environmental human rights, preserve the environment and take effective actions to reduce the negative environmental impact of the war.