Ukraine: Public Environmental Interests: Legal Theory Research

• Published in: Environmental policy and law 2019-01, Vol.49 (4/5), p.292-299
• Main Author: Anisimova, Hanna V
• Format: Article
• Language: English
• Subjects: Environmental law; Human rights; Legal research; Legislation; Morality; National security; Principles; Public concern; Security; Sustainable development; Towns; Trials
• ISSN: 0378-777X; 1878-5395
• DOI: 10.3233/EPL-190176

[...]for sustainable development, further legal research is required to determine the legal concept of public environmental interest, in particular, its components such as "publicity", "environmental friendliness" and their characteristics within the legal framework. [...]it is an integral part of various collocations such as "national interests", "interests of community", "social interests", "public interests", "nationwide interests", "interests of the state" etc. In previous publications, the author presented the results of the study of normative legal acts relating to the environment, where the collocations concerned with "public interest" are used. [...]according to the content of the supreme law, public interests include national security; security of the State; territorial integrity; public order; welfare; human rights; healthcare; morality of society as a whole; as well as common interests of territorial communities of villages, towns and cities. Each of these rights may have ecological and legal elements, so that it is possible to distinguish five categories of cases concerning protection of ecological rights. [...]judicial practice has transformed the Convention into a "living mechanism" that can change through the adoption of protocols that introduce new rights.