Judicial protection of several legitimate environmental interests as a way to prevent violations of environmental security

Keywords: environmental legitimate interests, ecological safety, ecological rights, protection of ecological rights, protection of legitimate interests, prevention of environmental safety violations

Abstract

The article analyzes the status and prospects of judicial protection of environmental legitimate interests, analyzes the provisions of the relevant current procedural legislation, proposes the formulation of two environmental interests, the protection of which can make it possible to prevent violations of environmental safety.

It is concluded that full implementation of judicial protection of selected environmental legitimate interests as an effective preventive mechanism in the investigated field may be exercised under the terms of the applicable version of procedural law.

It is substantiated that the current law in the field of justice defines legitimate interests as the objects of court protection. Moreover the official understanding of the term "legitimate interest" was given by the Constitutional Court of Ukraine in 2004 in its decision from 01, December, 2004 № 18-рп/2004.

Despite of this this, it is noted that national courts rarely protect environmental interests directly. This is due to the absence of clear criteria for identifying legitimate environmental interests which are not explicitly enshrined in legislation. Therefore, in the absence of a proper tradition of protecting legitimate environmental interests, courts seek to protect specific environmental rights which are rather detailed specifies in current legislation.

Such a situation impedes the fulfillment of the main objective of the legal regulation of public relations for ensuring ecological security, which is to prevent possible violations in the form of harm to life or human health.

In case of full implementation the practice of full protection of legitimate environmental interests (which is formally permitted by the applicable procedural legislation), the protection of such interests will be exercised until the right to environmental safety is violated, so such violations will be prevented.

References

Kravchuk Volodymyr. Zakhyst suspilnykh interesiv u sferi dovkillia. URL: https://supreme.court.gov.ua/userfiles/media/prezentatsiia_1.pdf [In Ukrainian].
Krasnova Yuliya Andriivna. Problemy zabezpechennia prava na ecologichnu bezpeku v natsional’nykh sudakh I shlikhy yikh vyrishennia. URL: https://supreme.court.gov.ua/userfiles/media/prezentatsiia_6.pdf [In Ukrainian].
Published
2020-04-15
How to Cite
Yevstihnieiev, A. (2020). Judicial protection of several legitimate environmental interests as a way to prevent violations of environmental security. Law Review of Kyiv University of Law, (1), 250-253. https://doi.org/10.36695/2219-5521.1.2020.50
Section
Agricultural, land and environmental law